German Citizenship by Declaration

Summary

Germany's Section 5 StAG declaration route lets some people acquire German citizenship when an older German citizenship rule unfairly blocked the family line. It is most often relevant where a German mother could not pass citizenship to a child born in marriage before 1975, where a German father could not pass citizenship to a child born outside marriage before 1993, or where a German mother lost citizenship by marrying a foreign citizen before April 1953.

This is different from ordinary citizenship-by-descent recognition. In an ordinary descent case, the person may already be German and needs proof. In a Section 5 case, the person acquires German citizenship by making a declaration, because the old law kept citizenship from passing at the time.

The declaration route also covers descendants of the affected child. Germany must receive the declaration by August 19, 2031.

Eligibility

You may qualify under Section 5 StAG if one of these older rules affected your family:

• A child born in marriage before 1 January 1975 had a German mother and a foreign father, and did not acquire German citizenship because citizenship could not pass through the mother under the old rule.
• A child born outside marriage before 1 July 1993 had a German father and a foreign mother, and did not acquire German citizenship through the father under the old rule.
• A German mother lost German citizenship by marrying a foreign citizen before 1 April 1953, and a later child missed out on German citizenship because of that loss.
• A person lost German citizenship through an old legitimacy or parentage rule that Section 5 now covers.
• The affected child was born after 23 May 1949, or you descend from someone in one of the covered groups.
• You can document the German parent or ancestor, the old rule that blocked citizenship, and the family chain down to you.
• You are not disqualified by serious criminal or security grounds.

If the affected child was born before 24 May 1949, Section 5 may not fit. Other routes, such as Section 14 discretionary naturalization or Section 15/Article 116 historical restitution, may need review depending on the facts.

What This Route Allows

This route can help confirm or document citizenship in Germany when the citizenship-creating facts named above are proven. For many people in this category, the main work is evidence: civil records, family-link records, prior citizenship records, and any registration or restoration paperwork needed to show the claim.

What This Route Is Not

This is not a shortcut around documentation. Even when the citizenship claim is based on a right, you still need records that prove each required fact and family link.

Next Steps

1. Identify the exact person who missed out on German citizenship and why.
2. Confirm the key dates: the German parent's citizenship, the parents' marriage status, the child's birth date, and any marriage or naturalization events that affected citizenship.
3. Gather German records for the German parent or ancestor, plus birth and marriage records for each generation down to you.
4. Gather proof of the old citizenship-blocking event, such as a pre-1953 marriage certificate or birth record showing the relevant parentage situation.
5. Complete the Section 5 declaration paperwork and submit it through the German mission for your residence or directly to the BVA.
6. After German citizenship is acquired and documented, apply for a German passport.

Sources

• German Missions in the United States — Declaration or application for German citizenship if you have a German parent but were never considered German
• Federal Foreign Office — Acquisition of German citizenship by declaration pursuant to Section 5
• StAG Section 5 — official German text
• German Missions in the United States — Obtaining German citizenship
• Germany's nationality law — significant changes