German Citizenship by Descent
Limited Time Window
Claim German Citizenship Through Your Mother
A 2021 reform corrected historic gender-based discrimination in German nationality law:
Marriage of a German woman before May 23, 1949
German women automatically lost their citizenship when they married a foreign man, under § 17(6) of the 1913 RuStAG.
Remedy
Descendants, which means her children or grandchildren born after May 23, 1949, may now file a Declaration of Citizenship under § 5 StAG, provided they can submit their parent’s / grandparent’s birth and marriage certificates. This opportunity expires on August 19, 2031.
Marriage of a German woman between May 23, 1949 to March 31, 1953
After the Basic Law (Grundgesetz) came into effect on May 23, 1949, German citizenship could no longer be revoked if it would result in statelessness.
In practice
When a German woman married an American, she did not automatically lose her German citizenship anymore. The reason was U.S. law that did not allow foreign spouses to automatically gain U.S. citizenship under the U.S. Cable Act of 1922. German women who married Americans during this time likely remained German until they naturalized as American citizens.
Result
Children born after May 23, 1949 and before their mother’s naturalization date were likely born to a German mother. They as well as their children can likely declare to be German. This opportunity expires on August 19, 2031.
Birth to a German mother until December 31, 1974
Due to gender discriminating laws, German women were barred from passing on citizenship to children born in a legal marriage with a foreign father until December 31, 1974.
Remedy
Children born until December 31, 1974 — and even their children — can now reclaim citizenship through a Declaration under § 5 StAG if the mothers/grandmothers were still a German citizen by the time of the birth. This opportunity expires on August 19, 2031.
Example: The German Wife of a U.S. Soldier
A German woman met and married an American soldier stationed in Germany after WWII. They had children born after May 23, 1949 and before January 1, 1975, but due to the law at that time, the mother could not pass on her German citizenship — even if she had not naturalized as a U.S. citizen.
As a result, her children were excluded from German nationality through no fault of their own.
With the 2021 reform, these children (and their descentants) may now file a Declaration of Citizenship and have their legal status rightfully restored.
What You Need to Know
- This process is not naturalization — it is legal restoration
- No German language requirement
- No residency in Germany required
- You can retain your current citizenship
- The deadline to apply is August 19, 2031
Full-Service Representation for Your German Citizenship Application
From determining eligibility to obtaining the necessary records and preparing your application, we guide you through every step of the process.
Legal & Eligibility Analysis
We analyze your family and citizenship history to determine the appropriate legal pathway and identify the evidence needed for your application.
Research & Document Retrieval
We conduct archival research and work with genealogy partners in Germany, Poland, and the United States to obtain original and certified records when needed.
Application & Representation
We prepare and submit your application and communicate with the German authorities throughout the process.
Begin your Declaration of Citizenship today.
Get In Touch
We're Here To Help
office@stennerlaw.com
CALL US
(215) 770-9488
ADDRESS
3675 Market Street, Suite 200 Philadelphia, PA 19104 USA
