Why Children of Germans Born Abroad Are Not Automatically German Citizens and What Parents Must Do
By Christine Stenner, German Attorney at Stenner Law| Foreign Legal Consultant (PA) | January 9, 2026
Many German citizens live permanently outside Germany, including in the United States. If you are a German citizen, were born abroad after December 31, 1999, and later have children abroad while continuing to live outside Germany, an important and often overlooked rule applies. Your children do not automatically become German citizens at birth.
Legal framework under Section 4(4) of the German Nationality Act
Under Section 4(4) of the German Nationality Act (Staatsangehörigkeitsgesetz), children born abroad to German parents who themselves were born abroad after December 31, 1999 do not acquire German citizenship by birth if they also acquire a foreign citizenship at birth. In the United States, this is almost always the case because U.S. citizenship is granted based on place of birth.
The legal consequence is straightforward. At birth, the child is not a German citizen.
The one year deadline that determines everything
German law provides one and only one way to preserve German citizenship for these children. The parents must apply for registration of the child’s birth in the German birth register within one year of the child’s birth. The application can be filed either with the competent civil registry office (Standesamt) in Germany or with the responsible German embassy or consulate abroad.
If this registration is completed within the one year deadline, the child acquires German citizenship retroactively as of the date of birth. From a legal perspective, the child is treated as having been German from the beginning.
Missing the deadline has permanent consequences
If the application is not filed within one year, the loss is final. German citizenship cannot be acquired later through birth registration. There is no extension, no grace period, and no discretionary exception. The child may later qualify for German citizenship only through other legal pathways, such as naturalization, which typically require long term residence in Germany and additional conditions.
Birth registration is not the same as a passport application
Registering a birth in the German birth register is a separate legal process. It is not accomplished by applying for a German passport. The registration typically requires the foreign birth certificate, often with an apostille and certified translation, proof of the parents’ German citizenship, and documents establishing family relationships, such as marriage or parentage records.
The German embassies and consulates in the United States publish detailed guidance and application requirements for registering a birth abroad. Official information is available through the German diplomatic mission website under family matters and birth registration.
Why this rule is frequently missed
Many German citizens abroad assume that citizenship automatically passes to their children regardless of where they were born. This assumption is often based on how German citizenship worked in earlier generations. Section 4(4) of the German Nationality Act was introduced to limit the indefinite transmission of German citizenship across generations living exclusively outside Germany. In practice, it regularly catches families by surprise.
Conclusion
If you were born abroad after December 31, 1999, live outside Germany, and have children abroad, action is required. Without timely birth registration within one year, your child permanently loses the opportunity to acquire German citizenship by birth. Early review of your situation and proper filing within the deadline are essential to protect your child’s status.
About the author
Christine Stenner is a German attorney with 30 years of experience. She is admitted to practice German law in the United States and focuses exclusively on German citizenship law for clients in the United States. At STENNER LAW, she assists applicants with restoring or reclaiming German citizenship through declaration, re-naturalization, and restitution-based applications.
