The new reform, under Section 5 of the German Nationality Act (StAG §5), allows many individuals and their descendants to reclaim German citizenship that previous generations were unable to pass on due to historical gender discrimination in nationality law.
As a result, many people who grew up believing they were not eligible for German citizenship may now qualify through a declaration procedure introduced in 2021, which will be valid until August 19, 2031.
1. Children Born in Wedlock to a German Mother and Foreign Father Before 1975
This is the most common situation in gender discrimination cases.
Under the citizenship laws in force before January 1, 1975, children born in wedlock could generally acquire German citizenship only through their father. Therefore, a German mother could not automatically pass citizenship to her legitimate child if the father was foreign.
Today, these children, and all their descendants, may qualify for German citizenship by declaration, provided that they were born after May 23, 1949.
2. Children Born Out of Wedlock to a German Father Before July 1, 1993
Historically, German fathers faced limitations when passing citizenship to children born outside marriage. Before July 1, 1993, children born out of wedlock to a German father and foreign mother generally did not automatically acquire German citizenship at birth.
StAG §5 now provides a remedy for many individuals affected by these historical rules. You may qualify if the next descendant in line was born after May 23, 1949, and paternity was legally recognized.
3. Children of Women Who Lost German Citizenship Through Marriage
Under German nationality law in force before April 1, 1953, a German woman could automatically lose her German citizenship upon marrying a foreign national.
As a result, many women who married non-German husbands before this date lost their citizenship before their children were born. Consequently, their children were unable to acquire German citizenship by descent.
Section 5 of StAG now provides a pathway for affected children and their descendants to obtain German citizenship by declaration.
Descendants of Eligible Individuals
Importantly, this new path does not only apply to the directly affected child.
The law explicitly extends eligibility to descendants of affected individuals, meaning that children, grandchildren, and further generations may also qualify.
In practice, many applications today are submitted by grandchildren and further descendants of German citizens who could not transmit citizenship under the historical laws.
Important note: StAG §5 is a Declaration procedure, not automatic citizenship
A common misunderstanding is that eligible individuals automatically became German citizens when the law changed in 2021. This is not the case.
Applicants must actively submit a formal declaration to the competent German authority, usually the Federal Office of Administration (Bundesverwaltungsamt – BVA) or a German consulate abroad.
Final Note
The declaration procedure under StAG §5 represents an important legal remedy for families affected by past discrimination in German nationality law. However, its application is highly dependent on specific historical facts and the laws in place.
If you suspect your family history may fall under one of the categories above, it is advisable to carefully review your lineage before beginning the application process. For any doubts, or to receive a complete assessment of your case, you can reach out to us by using the form below, or via email (info@germancitizenshipassistance.com).