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Citizenship by birth, or jus soli, refers to the legal principle that grants nationality to individuals born within a country’s territory.
While once widely adopted, this practice is now limited to a small group of countries, most notably the United States and Canada, that continue to grant automatic citizenship at birth regardless of parental nationality.
In contrast, many countries now base citizenship on jus sanguinis or citizenship through descent.
This article provides an updated overview of where and how birthright citizenship still applies.
We’ll cover:
- Citizenship by birth meaning
- Difference between citizenship by birth and descent
- Countries with unconditional birthright citizenship
- Why birthright citizenship is important
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La información contenida en este artículo es meramente orientativa. No constituye asesoramiento financiero, jurídico o fiscal, ni una recomendación o solicitud de inversión. Algunos hechos pueden haber cambiado desde el momento de su redacción.
What Is Birthright Citizenship?
Birthright citizenship (jus soli) allows individuals to acquire citizenship automatically by being born within a country’s borders.
There are two main types of Citizenship by Birth:
- Unconditional jus soli – Citizenship is granted to every child born on the country’s soil, regardless of the parents’ status.
- Conditional jus soli – Citizenship is granted only if specific conditions are met, typically related to the parents’ legal status or duration of residency.
Citizenship by Birth vs Descent
While jus soli is based on territory, jus sanguinis (citizenship by descent) is based on parentage.
Many modern countries, especially in Europe and Asia, have moved away from unrestricted birthright citizenship and instead rely on citizenship through descent.
Citizenship by Birth (Jus Soli):
- Automatically granted based on birthplace.
- Still practiced in countries like the U.S., Canada, and Brazil.
- Common in the Americas as a way to reduce statelessness and ensure integration.
Citizenship by Descent (Jus Sanguinis):
- Granted if one or both parents are nationals, regardless of birthplace.
- Common in Europe, Asia, and parts of Africa.
- Often requires formal registration, documentation, or consular involvement.
Countries That Offer Unconditional Birthright Citizenship
As of 2025, fewer than 30 countries offer unconditional birthright citizenship, most of them located in the Americas.
These include:
- Canadá – Automatically grants citizenship to all children born on Canadian soil, regardless of the parents’ status.
- Uruguay – Uruguay practices a broad interpretation of jus soli: any child born in Uruguay automatically acquires Uruguayan citizenship at birth, regardless of the parents’ immigration status. It’s one of the more generous systems in Latin America.
- Estados Unidos – Maintains unrestricted jus soli under the 14th Amendment of the Constitution to every child born within the jurisdiction of the United States, although it remains a politically debated issue.
- México – Grants automatic citizenship to anyone born on its territory, and also to children born abroad to at least one Mexican parent, if properly registered with a Mexican consulate or civil authority.
- Brasil – Offers automatic citizenship to any individual born in Brazil.
- Chile – Grants birthright citizenship except when both parents are foreign diplomats or in transit.
- Jamaica, Barbados, Trinidad y Tobago, and several other Caribbean nations – Continue to offer unrestricted birthright citizenship.
Countries with Conditional Birthright Citizenship
- Alemania – Offers conditional birthright citizenship if one parent has resided legally in Germany for at least five years and holds permanent residency.
- España – Spain does not generally follow jus soli but offers conditional citizenship to children born in Spain to stateless parents, unknown parents, or parents who cannot pass on their nationality (such as certain Latin American nationals under bilateral agreements). In such cases, the child may be considered Spanish at birth.
- Francia – Children born in France to foreign parents are not granted citizenship at birth but may acquire it later. They can apply at age 13 if they’ve lived in France since age 8, at 16 if they’ve lived there for five years since age 11, or gain it automatically at 18 under the same residency condition. Diplomatic exemptions apply.
- Sudáfrica – A child born in South Africa may acquire citizenship if at least one parent is a South African citizen or permanent resident.
- Portugal – Children born in Portugal to foreign parents may acquire citizenship at birth if at least one parent has legally resided in Portugal, regardless of their nationality.
Countries That Have Ended Automatic Birthright Citizenship
- Argentina – Historically provided unrestricted birthright citizenship. However, as of May 2025, Argentina no longer grants automatic citizenship by birth. Children born in Argentina to foreign parents must now complete two years of legal residency before applying for citizenship.
- India – Ended unrestricted jus soli in 2004. A child born in India now acquires citizenship only if at least one parent is an Indian citizen and the other is not an illegal migrant.
- Ireland – Ended automatic jus soli in 2005 through a constitutional amendment. Citizenship now requires that at least one parent has a significant connection to Ireland (citizen, legal resident, or entitled to reside).
- Malta – Abolished unconditional birthright citizenship in 1989. Citizenship is now granted based on descent or naturalization.
- Nueva Zelanda – Since 2006, at least one parent must be a citizen or permanent resident for a child born in New Zealand to receive citizenship.
- Australia – Prior to August 20, 1986, any child born in Australia automatically acquired Australian citizenship, regardless of the parents’ immigration status. However, this changed with the Australian Citizenship Amendment Act 1986, which introduced conditional jus soli. Under the current law, a child born in Australia only acquires citizenship at birth if at least one parent is an Australian citizen or permanent resident at the time of the child’s birth.
Why Some Countries Restrict Birthright Citizenship
- Immigration control – Some governments restrict birthright citizenship to deter birth tourism—a practice where pregnant foreign nationals intentionally travel to give birth in countries that grant automatic citizenship. The United States, despite still offering unrestricted jus soli, has seen thousands of such cases. For instance, in 2015, US authorities cracked down on maternity hotels in California that catered to Chinese nationals seeking US citizenship for their children. These incidents raised concerns about fairness and exploitation of immigration loopholes.
- National security – Countries argue that citizenship should reflect a meaningful, long-term connection to the state. For example, France and Germany require children of foreign parents to prove habitual residence before gaining citizenship. This policy aims to foster integration and loyalty to the country rather than automatic legal status without cultural or social ties. After the 2015 Paris attacks, debates intensified around how to ensure national allegiance through stricter naturalization criteria, especially among dual nationals.
- Economic concerns – Automatic citizenship can create eligibility for taxpayer-funded benefits such as healthcare, education, and welfare, placing a financial burden on the system. Australia and New Zealand, for instance, ended unconditional birthright citizenship in 1986 and 2006 respectively, largely due to concerns that foreign nationals were exploiting access to services without contributing to the economy or long-term residency. Limiting citizenship eligibility helps prioritize national resources for citizens and legal residents.
Advantages Of Citizenship by Birth
- Automatic legal status – No application is needed; a child becomes a full citizen from birth.
- Access to public services – Immediate access to healthcare, education, and legal protections.
- Freedom of movement – Many countries with birthright citizenship have powerful passports (e.g., U.S., Canada), offering visa-free access to numerous countries.
- Security and identity – Protects children from statelessness and provides a secure legal identity from day one.
- Generational benefits – Citizenship can often be passed to future generations.
- Parental pathway to residency – In some countries, a child’s citizenship can help the parents apply for legal status, though this is not guaranteed or automatic.
Dual Citizenship and Birthright
Some countries that allow birthright citizenship also permit dual citizenship, enabling individuals to hold more than one nationality.
However, others require individuals to renounce their second nationality upon reaching adulthood. Laws on dual citizenship vary significantly by country and should be reviewed case-by-case.
Some countries that restrict or do not allow dual citizenship include:
1. China
- Chinese citizens must renounce any foreign nationality. Dual nationality is not recognized, and acquiring another citizenship automatically voids Chinese citizenship.
2. India
- India does not permit dual citizenship. However, it offers Overseas Citizenship of India (OCI) status, which allows some privileges for foreign nationals of Indian origin, but this is not equivalent to full citizenship.
3. Indonesia
- Dual citizenship is not allowed for adults. Children born with multiple nationalities must choose one by the age of 18 or 21, depending on circumstances.
4. Japan
- Japan requires individuals with multiple citizenships to choose one nationality before the age of 22. If they fail to do so, the government may take steps to strip Japanese citizenship.
5. Singapore
- Strictly prohibits dual citizenship. Singaporeans must renounce other citizenships by age 22 if born with multiple nationalities.
6. Malaysia
- Dual citizenship is not permitted. Malaysians who acquire foreign citizenship automatically lose their Malaysian nationality.
7. Austria
- Dual citizenship is generally prohibited, except in rare cases (e.g., if permission is granted before acquiring another nationality, or if citizenship is obtained by birth).
8. Saudi Arabia
- Saudi Arabia requires citizens to obtain permission before acquiring another nationality. Unauthorized acquisition may result in loss of Saudi citizenship.
9. United Arab Emirates (UAE)
- Traditionally banned dual citizenship, but recent legal reforms (as of 2021) allow it in special cases for investors and skilled professionals. Still, most ordinary citizens are not allowed to hold dual nationality.
10. Norway (formerly restricted but now allows)
- Note: Norway used to prohibit dual citizenship but began allowing it on January 1, 2020.
Conclusión
Citizenship by birth remains an important legal mechanism for ensuring nationality and preventing statelessness.
While the number of countries offering unrestricted jus soli has declined, it still exists in key jurisdictions.
In other countries, conditional birthright provisions or descent-based systems are more common.
Whether you’re a parent planning for your child’s nationality or exploring global migration options, understanding these policies is crucial to long-term planning.
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Adam es un autor reconocido internacionalmente en temas financieros, con más de 830 millones de respuestas en Quora, un libro muy vendido en Amazon y colaborador de Forbes.
