jus soli

Background

Jus soli, sometimes called lex soli, is the principle of citizenship acquired by the place of birth. French jurist Charles Demolombe invented the term around 1860. Children born to a parent in the diplomatic or consular service of another state are often not eligible for jus soli citizenship in a host State.

Unconditional jus soli is mostly found in the Americas. Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship. Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship. UNHCR gives ten reasons for why people become stateless including laws related to marriage, administrative practices, renunciation of citizenship and nationality laws that discriminate on the basis of gender.

There is a trend in some countries toward restricting jus soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth.

Reduction of statelessness

Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to people born in their territory who would otherwise become stateless persons. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons.

The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."

Birthright citizenship

The New Oxford American Dictionary defines birthright citizenship as "a legal right to citizenship for all children born in a country's territory, regardless of parentage". In the United States jus sanguinis is not a constitutional right or a birth right. Citizenship by jus sanguinis is a legal status conferred by statute. The term birthright citizenship usually means jus soli citizenship.

Birthright citizenship is rooted in colonial history when settlers born in the colonial United States were considered "natural born" subjects of the King of England. The idea of conferring citizenship based on being born within the borders of the United States comes from this history. Allegiance based on natural law principles was the core concept of citizenship in Calvin's Case in which Edward Coke said that "they that are born under the obedience, power, faith, ligealty or ligeance of the King are natural subjects and no aliens". The American concept of citizenship is derived from republican principles and may have been influenced by the French writer Emer de Vattel.

Abolition

Countries have been restricting the right of jus soli in order to discourage birth tourism, anchor babies and illegal immigration, for example with the British Nationality Act 1981. India has abolished jus soli largely in reaction to illegal immigration from Bangladesh. A person who was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It was restricted in 1987 to people with at least one parent who was a citizen. As of 2008, a person born in India is a citizen only if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. New Zealand abolished unrestricted birthright citizenship in 2005. Around 9% of all births in the United States in 2023 were to mothers who were illegal immigrants or who had legal temporary status in the U.S.

By country

Africa

Chad (the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)

Egypt: According to the nationality law of the Arab Republic of Egypt and its latest amendments, children born to an Egyptian father or an Egyptian mother acquire citizenship at birth, regardless of their place of birth. Additionally, children born in Egypt to unknown parents (or found abandoned at a young age) are granted citizenship at birth.

Lesotho

Morocco: A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming an adult.

Namibia: A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (see Namibian nationality law).

São Tomé and Príncipe: A person born in São Tomé and Príncipe acquires São Toméan nationality, as long as the parents are residents of the country. The only exception is if any of the parents have diplomatic immunity (see São Toméan nationality law).

South Africa: Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents is automatically granted South African citizenship (see South African nationality law).

Sudan: A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, they can apply to the Minister to be granted Sudanese nationality.

Tanzania: The Tanzania Citizenship Act of 1995, states that "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of a father who has diplomatic immunity, or parents who were enemy aliens and the territory was under enemy occupation." While Tanzania technically observes birthright citizenship, it is official practice that birth in Tanzania has to be further supported by descent from a Tanzanian parent to be recognized as a citizen by birth. This practice has gone uncontested in courts of law.

Asia

Azerbaijan: Article 52 of the constitution of Azerbaijan states that a person born on the territory of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan; although in practice that provision is not enforced, and persons are only granted citizenship by right based on the other provision within the article, which states that a person of whom one parent is a citizen of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan.

Bahrain: Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.

Cambodia: In 1996, Cambodia changed the law to grant citizenship to children born in Cambodia to foreign parents if both parents were born in Cambodia and are living legally in Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).

China: China has strict nationality laws that limit jus soli citizenship to children born to stateless parents who have settled in China.

Hong Kong: Since the July 1997 transfer of sovereignty over Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of Mainland China and Macao) are not conferred these rights and privileges. The Basic Law provides that all citizens of the People's Republic of China (PRC) born in the territory are permanent residents of the territory and have the right of abode in Hong Kong. The 2001 case Director of Immigration v. Chong Fung Yuen clarified that the parents need not have right of abode and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior. Non-PRC citizens born to non-PRC citizen Hong Kong permanent resident parents in Hong Kong also receive permanent residence of Hong Kong at birth. Other persons must have "ordinarily resided" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).

India: India abolished jus soli in 2004.

Indonesia: Indonesian citizenship by birth includes those born anywhere whose parents are both Indonesian nationals, or any person born in Indonesia with at least one Indonesian citizen parent, or a child born in Indonesia to unknown parents, or those born out of wedlock. Citizenship can also be granted to a permanent resident who has lived in Indonesia for a given period of time through naturalization, as long as the parents are stateless, or unknown.

Europe

France: Children born in France (including overseas territories) to at least one parent who is either (i) a French national or (ii) born in France, are automatically granted French nationality at birth. Children born in France to foreign parents who do not fulfil either of these two conditions may acquire citizenship from age 13 subject to residence conditions (see French nationality law). A child born in France to foreign parents becomes a French citizen automatically upon turning 18, provided that they reside in France on their 18th birthday and have had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11. Children born in France to two stateless parents receive French nationality automatically at birth.

Germany: Prior to 2000, Germany's nationality law was based entirely on jus sanguinis, but now children born in Germany on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent has a permanent residence permit and resided in Germany for at least five years prior to the child's birth.

Greece: Apart from regulations in past and historic nationality laws of Greece granting nationality jus soli, the Greek Nationality Code of 2004 states that "A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality". Additionally, as from 2015's amendment of 2004 Code (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents shall acquire the right of Greek nationality with a combination of primary school attendance and parents' legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence). One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.

Ireland: Irish nationality law conveyed birthright citizenship to anyone born anywhere on the island of Ireland (including in Northern Ireland, which is part of the United Kingdom) until the 27th Amendment was passed by referendum in 2004. The amendment was preceded by media reports of heavily pregnant women claiming political asylum, who expected that, even if their application was rejected, they would be allowed to remain in the country if their new baby was a citizen. In 2005, Irish nationality law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in the Republic of Ireland or in Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers). The amendment was prompted by the case of Man Chen, a Chinese woman living in Great Britain who traveled to Belfast (Northern Ireland, part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the island of Ireland was automatically granted Irish citizenship. The Chinese parents used their daughter's Irish citizenship (and thereby European Union citizenship) to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted jus soli.

North America

Antigua and Barbuda: Guaranteed by the Constitution.

Barbados: Guaranteed by the Constitution.

Belize

Canada: Subsection 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada – including Canadian airspace and territorial waters – is granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parent was a diplomat, the nationality or immigration status of the parents does not matter. Some Conservative Party members wish to end birthright citizenship in Canada for the children of tourists and illegal immigrants.

Costa Rica: Jus soli requires registration with the Costa Rican government before the age of 25.

Cuba

Dominica

Dominican Republic: The constitution was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were "in transit" – to include "non-residents" (including individuals with expired residency visas and undocumented workers).

El Salvador

Grenada

Guatemala

Honduras

Jamaica

Mexico: Article 30 of the Constitution of Mexico states that persons born in Mexican territory are natural-born citizens of Mexico regardless of their parents' nationality. The definition of "territory" includes vessels/aircraft flagged to Mexico travelling in international waters or airspace.

Nicaragua

Oceania

Australia: Since 20 August 1986, a person born in Australia acquires Australian citizenship by birth only if at least one parent was an Australian citizen or permanent resident; or else after living the first ten years of their life in Australia, regardless of their parents' citizenship status (see Australian nationality law).

New Zealand: Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see New Zealand nationality law), or if to prevent being stateless.

Fiji

Tuvalu

South America

Argentina (Except for children of persons in the service of a foreign government, such as foreign diplomats.)

Bolivia

Brazil (requires that the foreign parents are not working for their country's government in Brazil at the time the child is born).

Chile's Constitution grants nationality to "those born in Chilean territory, with the exception of the children of foreigners who are in Chile in service of their government, and the children of transient foreigners, all of which, however, may opt for the Chilean nationality."

Colombia: Article 96 of the constitution grants Colombian nationality by birth provided that at least one of the parents is a Colombian national or a legal resident. By presidential decree, in August 2019 nationality was granted to children of Venezuelan migrants born in Colombia regardless of residential status of their parents.

Ecuador

Guyana

Paraguay

Peru (registration required at 18 years of age)

Uruguay

Venezuela