The Law Library of Congress, Global Legal Research Directorate

(202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov

Birthright Citizenship Around the World

November 2018
The Law Library of Congress 1

Birthright Citizenship Around the World

Prepared by the Staff of the Global Legal Research Directorate

SUMMARY Based on a comprehensive survey of citizenship and nationality laws of the countries of the world, this report presents information on the laws of those countries that allow acquisition 

of citizenship based on the fact of one’s birth in the territory of the country (jus soli, or birthright citizenship). In theory, the jus soli rule of citizenship stands in sharp contrast to the 

jus sanguinis rule, which grants citizenship only if one or both parents hold citizenship. In reality, the line between these approaches frequently blurs, as the various parent-based 

conditions for birthright citizenship listed in the table below illustrate.

The research identified ninety-four countries that currently have, or previously had but recently terminated, laws granting citizenship by birth, with or without added conditions. A 

centuries-old principle of British common law that grew out of feudalism, the unconditional right to citizenship by birth was limited in many common law jurisdictions during the 

second part of the twentieth century. After exclusion of this right from British law by the 1981 Nationality Act, the application of the right changed in the British overseas territories 

as well. While jus soli was also a centuries-old tradition in Continental Europe, many of the civil law countries of Continental Europe opted for the jus sanguinis rule to determine 

citizenship in the nineteenth century, following the example of the Napoleonic Code. Today, however, a country’s jurisprudential tradition seems less determinative of its approach to 

birthright citizenship than geographic location: The report reveals that the vast majority of surveyed countries that currently grant unconditional birthright citizenship (all but six of 

thirty-three countries) are located in the Americas and the Caribbean. 

For the purposes of this report, laws aimed at the elimination of statelessness that grant citizenship of the country of birth to stateless children or to the children of stateless or unknown 

parents, a practice widely accepted throughout the world, were not considered. The children of diplomatic personnel and others in the service of foreign governments and entitled to 

immunity are routinely excluded from birthright citizenship and also are not mentioned here. In regard to the British overseas territories, the report focuses on British overseas 

territories citizenship through which passports are obtained and does not address “Belonger status” or “Islander status,” which is provided through local laws and confers various 

rights, such as voting rights, etc. Many countries include a reservation allowing for the withdrawal of birthright citizenship from the children of enemy aliens. Rarely applied, this 

reservation was not considered as a restriction by the authors of this report, and such countries were counted as providing unrestricted birthright citizenship. Hong Kong, where 

Chinese citizens obtain the right to permanent residency based on the fact of being born in Hong Kong, also was not included, and the Nordic countries (with the exception of Finland) 

were excluded as well because they provide only a provisional citizenship to children born in the territory until the citizenship of the parents can be determined. 

While most of the countries that provide for unrestricted birthright citizenship are located in the Western Hemisphere, many nations around the world make birthright citizenship 

conditional on the legal status of the parents, or the age and length of residency in the country of the person applying for citizenship based on the fact of his or her birth in the country’s 

territory. Except for France and the Republic of the Congo, countries with age or length of residency requirements do not grant birthright citizenship automatically and have an 

application process in place. While the laws of most countries are neutral concerning the origin (but not the legal status) of a child’s parents, there are two notable exceptions: Mali

and Liberia grant birthright citizenship based on race. The survey demonstrates a reconsideration of unrestricted birthright citizenship by many countries. This right was abolished 

most recently in Ireland (2005) and New Zealand (2006). Legislation terminating unconditional birthright citizenship is currently under consideration in Tanzania.
Birthright Citizenship Around the World

The Law Library of Congress 2

Note: With regard to Mali (ML), parental status can only form a basis for birthright citizenship if the parents are also “of African origin.” Source: Law Library of Congress, based on information 

provided in this report.
Birthright Citizenship Around the World

The Law Library of Congress 3

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Albania N Granted to a child born 

within the territory of 

Albania to foreign 

parents who legally 

reside in Albania, if 

both parents consent.1

Angola Y2

Anguilla N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

born in Anguilla if, at 

the time of birth, either 

parent is a British 

overseas territories 

citizen or settled in a 

British overseas 

territory.3

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

4
Birthright Citizenship Around the World

The Law Library of Congress 4

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Antigua & 

Barbuda

Y5

Argentina Y6

Australia N Granted to child born 

in Australia if one of 

his/her parents is a 

citizen or permanent 

resident.7

Granted if “the person 

is ordinarily resident in 

Australia throughout 

the period of 10 years 

beginning on the day 

the person is born.”8

Between January 26, 

1949, and August 20, 

19869 persons born in 

Australia were 

considered Australian 

citizens by birth.10

Bahamas N11 Prior to July 9, 1973, 

the laws of the United 

Kingdom applied and 

birthright citizenship 

was permitted.12

Barbados Y13

Belgium N A child born in 

Belgium of foreign 

parents will acquire 

Belgian citizenship if 

Additionally, a person 

born in Belgium of 

foreign parents can 

acquire Belgian 
Birthright Citizenship Around the World

The Law Library of Congress 5

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

his/her parents 

formally claim Belgian 

citizenship for the 

child before he/she 

reaches the age of 

twelve, the child’s 

parents have had their 

principal residence in 

Belgium for at least 

ten years prior to 

making that claim, at 

least one of the child’s 

parents is authorized 

to reside in Belgium 

permanently at the 

time of the claim, and 

the child has had 

his/her principal 

residence in Belgium 

since birth.14

A child will also be 

Belgian if at least one 

of his/her parents was 

also born in Belgium, 

citizenship if he/she 

formally claims it after 

reaching the age of 

eighteen and either (1) 

has legally lived in 

Belgium his/her entire 

life; or (2) has lived 

legally in Belgium 

since the age of five, 

shows that he/she 

knows at least one of 

the three national 

languages of Belgium, 

and shows that he/she 

is well integrated into 

Belgian society.16
Birthright Citizenship Around the World

The Law Library of Congress 6

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

and that parent was a 

resident of Belgium 

for at least five of the 

ten years preceding the 

child’s birth.15

Belize Y17

Benin N A child born in Benin 

automatically has 

Beninese citizenship if 

his/her father was also 

born in Benin.18

A child born in Benin 

of foreign parents 

automatically becomes 

a citizen upon reaching 

the age of majority if 

he/she resides in Benin 

and has resided there 

since age sixteen.19 

Bermuda N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

born in Bermuda if, at 

the time of birth, either 

parent is a British 

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 
Birthright Citizenship Around the World

The Law Library of Congress 7

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

overseas territories 

citizen or settled in a 

British overseas 

territory.20

born in the UK and its 

territories.

21 

Bolivia Y22

Brazil Y23

British Indian 

Ocean Territory 

N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

born in the British 

Indian Ocean territory 

if, at the time of birth, 

either parent is either a 

British overseas 

territories citizen or 

settled in a British 

overseas territory.24

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

25

British Virgin 

Islands 

N British overseas 

territories citizenship 

Ended January 1, 

1983, the effective 
Birthright Citizenship Around the World

The Law Library of Congress 8

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

or in some instances 

British citizenship, 

granted to children 

born in the British 

Virgin Islands if, at the 

time of birth, either 

parent is either a 

British overseas 

territories citizen or 

settled in a British 

overseas territory.26

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

27

Burkina Faso N A child born in 

Burkina Faso is 

automatically a citizen 

if at least one of 

her/his parents was 

also born there.28

Any child born in 

Burkina Faso of 

foreign parents 

automatically becomes 

a citizen upon reaching 

the age of majority if 

he/she has resided 

there for at least five 

years.29

Cambodia N Granted to children of 

foreign parents if both 
Birthright Citizenship Around the World

The Law Library of Congress 9

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

parents are legal 

residents.30

Cameroon N A child born in 

Cameroon is 

automatically a citizen 

if at least one of 

her/his parents was 

also born there.31

Any person born in 

Cameroon of foreign 

parents may claim 

Cameroon nationality 

within six months 

before attaining his/her 

majority, provided that 

on such date he/she 

has resided in 

Cameroon for at least 

five years.32

Canada Y33

Cape Verde N Granted to children 

born to foreign parents 

who have habitually 

resided in Cape Verde 

for at least five years 

preceding the child’s 

birth.34
Birthright Citizenship Around the World

The Law Library of Congress 10

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Central African 

Republic

N Any person born in the 

Central African 

Republic of foreign 

parents may claim 

Central African 

citizenship upon 

attaining the age of 

eighteen (or earlier 

with parental 

authorization), 

provided that on that 

date he/she has resided 

in the Central African 

Republic for at least 

five years.35

Channel Islands 

(Guernsey, Jersey, 

Isle of Man)

N Granted to children 

born in the Channel 

Islands to a parent who 

is either a British 

citizen, legally settled 

in the UK, or a 

member of the UK 

armed forces.36

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

37 
Birthright Citizenship Around the World

The Law Library of Congress 11

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Chile N Granted to children 

born in Chile to 

foreign parents, unless 

the parents are 

temporarily in the 

country.38

Colombia N Granted to children 

born in Colombia if 

one parent was also 

born in Colombia or is

a Colombian national, 

or if both parents are 

foreigners but one 

parent is domiciled in 

Colombia at the time 

of birth.39

Comoros N Any person born in the 

Comoros of foreign 

parents may claim 

Comorian nationality 

upon attaining the age 

of eighteen (or earlier 

with parental 
Birthright Citizenship Around the World

The Law Library of Congress 12

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

authorization), 

provided that on the 

date of his/her claim, 

he/she has resided in 

the Comoros for at 

least five years.40

Congo, 

Democratic 

Republic of the

N Any child born in the 

DRC of foreign 

parents may, at the age 

of eighteen, acquire 

Congolese citizenship 

if he/she expresses in 

writing the intent to do 

so and has his/her 

permanent residence in 

the DRC.41

Congo, Republic 

of the

N A child born in Congo 

is a citizen if at least 

one of his/her parents 

was also born in 

Congo.42

Any person born in 

Congo of foreign 

parents automatically 

becomes a Congolese 

citizen upon reaching 

the age of majority if, 

on that date, he/she has 
Birthright Citizenship Around the World

The Law Library of Congress 13

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

resided in the Republic 

of the Congo since the 

age of sixteen.43

Costa Rica N Citizenship 

(nacionalidad) by birth 

is accorded to a child 

born to foreign parents 

in Costa Rica if the 

child is registered as 

Costa Rican by his/her 

parents while a minor, 

or registers on his/her 

own volition upon 

turning twenty-five 

years of age.44

Côte d’Ivoire N Prior to 1972, a person 

born in Côte d’Ivoire 

of foreign parents 

could claim Ivorian 

citizenship upon 

attaining the age of 

eighteen (or earlier 

with parental 
Birthright Citizenship Around the World

The Law Library of Congress 14

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

authorization), 

provided that on the 

date of making the 

claim he/she had 

resided in Côte 

d’Ivoire for at least 

five years.45

Cuba Y46

Dominica Y47

Ecuador Y48

El Salvador Y49

Falkland Islands N Children born in the 

Falkland Islands are 

British citizens if at 

least one of the parents 

is a British citizen or 

legally settled in the 

UK or other qualifying 

territory.50 

Ended January 1, 

1983, the effective 

date of the British 

Nationality (Falkland 

Islands) Act 1983.51 

Prior to this Act, 

British citizenship was 

granted to children 
Birthright Citizenship Around the World

The Law Library of Congress 15

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

born in the UK and its 

territories.

52

Fiji Y53

Finland N Children born in 

Finland whose parents’ 

citizenship cannot be 

determined are 

considered Finnish 

citizens until the 

parent’s citizenship 

can be determined.54 If 

the parents’ citizenship 

remains unknown at 

age five the child 

retains Finnish 

citizenship regardless 

of a later 

determination.

55

France N Any child born in 

France of foreign 

parents automatically 

becomes a French 

From 1994 to 1998, a 

child born in France of 

foreign parents could 

become a French 
Birthright Citizenship Around the World

The Law Library of Congress 16

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

citizen upon reaching 

the age of majority 

(eighteen) if he/she 

resides in France and 

has resided in France 

(continuously or not) 

for at least five years 

since the age of 

eleven.56

citizen if he/she 

declared the intent to 

do so between the 

ages of sixteen and 

twenty-one, resided in 

France at the time of 

declaration, and had 

resided in France for 

the five preceding 

years.57

Prior to January 1, 

1994, any child born 

in France of foreign 

parents automatically 

became a French 

citizen upon reaching 

the age of majority 

(eighteen) if he/she 

had resided in France 

or a French territory 

since the age of 

sixteen.58
Birthright Citizenship Around the World

The Law Library of Congress 17

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Gabon N A child born in Gabon 

is a citizen if at least 

one of her/his parents 

was also born there.59

Germany N A child of foreign 

parents acquires 

German citizenship by 

birth in Germany if 

one parent (1) has 

been a legal resident in 

Germany for eight 

years and 

(2) possesses a 

permanent right of 

residence or a 

residence permit as a 

Swiss citizen or as a 

family member of a 

Swiss citizen on the

basis of the EUSwitzerland 

Agreement on the Free 

Movement of 

Persons.60
Birthright Citizenship Around the World

The Law Library of Congress 18

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Gibraltar N Persons born in 

Gibraltar are British 

citizens if at least one 

of the parents is a 

British citizen or 

legally settled in the 

UK or other qualifying 

territory.61 

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

62

Grenada Y63

Guatemala Y64

Guinea N A child born in Guinea 

is a citizen if at least 

one of her/his parents 

was also born there.65

Granted to a child born 

in Guinea of foreign 

parents upon reaching 

the age of majority if 

he/she resides in 

Guinea and has resided 

there since age 

sixteen.66

Guyana Y67
Birthright Citizenship Around the World

The Law Library of Congress 19

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Honduras Y68

India N Prior to a 2004 

amendment to the 

Citizenship Act, 

1955,69 persons born 

in India were granted 

citizenship regardless 

of the citizenship held 

by their parents.70

Following the 2004 

amendment, only a 

person born in India 

on or after January 26, 

1950, and before July 

1, 1987, is a citizen by 

birth “irrespective of 

the nationality of his 

parents.”71

Indonesia N Under legislation 

promulgated in 1946, 

persons born in 

Indonesia were 

considered Indonesian 
Birthright Citizenship Around the World

The Law Library of Congress 20

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

citizens.72 Since 

August 1, 1958, 

citizenship by birth 

has been dependent on 

the citizenship status 

of a child’s father or 

mother (depending on 

the marital status of 

the parents).73

Iraq N Citizenship may be 

requested if at least 

one of the foreign 

parents was born in 

Iraq.74

Ireland N Children born in 

Ireland or Northern 

Ireland are Irish 

citizens if at least one 

of the parents is an 

Irish citizen, a British 

citizen, is lawfully 

settled in either Ireland 

or Northern Ireland, or 

Ended January 1, 

2005, pursuant to the 

Irish Nationality and 

Citizenship Act 

2004.76 Prior to this 

Act, Irish citizenship 

was granted to 

children born in 

Ireland.77
Birthright Citizenship Around the World

The Law Library of Congress 21

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

has lawfully resided in 

Ireland for at least 

three of the four years 

preceding the child’s 

birth.75

Israel N A person born after the 

establishment of the 

Israeli State in an area 

that was an Israeli 

territory at the time of 

his/her birth who never 

had any other 

citizenship is an Israeli 

citizen subject to filing 

a request in the period 

between his/her 

eighteenth and twentyfirst birthdays, if 

he/she resided in Israel 

for five consecutive 

years prior to the 

request. The request 

may be rejected if the 

requester was 
Birthright Citizenship Around the World

The Law Library of Congress 22

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

previously convicted 

of a security offense or 

sentenced to 

imprisonment of five 

years for another 

offense.78

Jamaica Y79

Kosovo N Granted to a child born 

in the territory of 

Kosovo of foreign 

parents holding valid 

residence permission 

in Kosovo, if both 

parents consent.80

Lesotho Y81

Liberia N Granted to children 

born in the country so 

long as they are 

“Negro . . . or of 

Negro Descent.”82 

This is based on a 
Birthright Citizenship Around the World

The Law Library of Congress 23

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

provision in the 

country’s Constitution, 

which states that “[i]n 

order to preserve, 

foster and maintain the 

positive Liberian 

culture, values and 

character, only persons 

who are Negroes or of 

Negro descent shall 

qualify by birth or by 

naturalization to be 

citizens of Liberia.”83

Luxembourg N A child born in 

Luxembourg is a 

citizen if at least one 

of her/his parents was 

also born there.84

May be claimed by a 

person born in 

Luxembourg upon 

reaching the age of 

eighteen if he/she has 

resided legally in the 

Grand Duchy for at 

least five consecutive 

years immediately 

prior to reaching that 

age, and has at least 
Birthright Citizenship Around the World

The Law Library of Congress 24

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

one parent who resided 

legally in Luxembourg 

for at least twelve 

consecutive months 

immediately prior to 

that person’s birth.85

Malaysia N Child born in Malaysia 

is citizen by birth only 

if one of his/her 

parents is a citizen or 

permanent resident.86

Persons who were 

born in Malaysia on or 

after Merdeka Day 

(Aug. 1, 1957) and

before the date of 

current law (Oct. 

1962) were considered 

Malaysian citizens by 

birth.

87

Mali N A child born in Mali is 

a citizen if at least one 

of his/her parents is 

“of Africa origin” and 

was also born in 

Mali.88

May be claimed by a 

child born in Mali to 

foreign parents within 

the six months 

preceding the date on 

which he/she attains 

the age of majority, 

provided that he/she 

Parent of African 

origin (see third 

column)
Birthright Citizenship Around the World

The Law Library of Congress 25

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

has resided in Mali for 

at least five years.89

Malta N Children born in Malta 

to a parent who is 

either a Maltese 

citizen or who was 

born in Malta is a 

citizen.90

Malta Independence 

Order 1964 provided 

for birthright 

citizenship from 

September 21, 1964, 

to July 31, 1989.

91

Mexico Y92

Monaco N A child born in 

Monaco is a citizen if 

at least one of his/her 

parents was also born 

there.93

Any person born in 

Monaco may claim 

Monégasque 

nationality within the 

year following the date 

on which he/she attains 

the age of majority, but 

must pledge to make 

Monaco her/his place 

of domicile and must 

actually take up 

residence there within 

a year of claiming 
Birthright Citizenship Around the World

The Law Library of Congress 26

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Monégasque 

nationality.94

Montserrat N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

born in Montserrat if, 

at the time of birth, 

either parent is a 

British overseas 

territories citizen or 

settled in a British 

overseas territory.95

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 

British citizenship was 

granted to children 

born in the UK and its 

territories.

96

Namibia N Granted to a child born 

in Namibia after 

independence 

(February 1990) 

whose father or 

mother is an “ordinary 

resident in Namibia” 

at the time of his/her 

birth,97 and to a child 
Birthright Citizenship Around the World

The Law Library of Congress 27

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

born in Namibia prior 

to 1991 whose father 

or mother was an 

ordinary resident in 

Namibia at the time of 

birth.98

Nepal N The Nepal Citizenship 

Act 2006 provides for 

acquiring citizenship 

by birth. It stipulates 

that any person born 

before April 13, 1990, 

in the territory of 

Nepal with permanent 

domicile in Nepal is a 

citizen of Nepal by 

birth. This provision, 

however, is no longer 

applicable as the 

certificate of 

citizenship by birth 

could only be acquired 

before the Constituent 

Assembly election 
Birthright Citizenship Around the World

The Law Library of Congress 28

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

was held (Apr. 10, 

2008) or within two 

years of the 

commencement of the 

Act.99

An applicant for a 

certificate of 

citizenship of Nepal 

by birth must have 

been permanently 

resident in Nepal 

continuously and 

provide other 

evidence, including 

but not limited to 

evidence of land 

ownership (or 

tenancy).100

Netherlands N A person born in the 

Netherlands of foreign 

parents can acquire 

Dutch citizenship if 

he/she formally claims 
Birthright Citizenship Around the World

The Law Library of Congress 29

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

it after reaching the 

age of eighteen, was 

born in the Kingdom 

of the Netherlands, has 

been living there since 

his/her birth, and on 

the date of the 

application has a valid 

residence permit.101

New Zealand N Granted if at least one 

of the child’s parents 

is a New Zealand 

citizen or entitled to 

reside indefinitely in 

New Zealand, the 

Cook Islands, Niue, or 

Tokelau.102

Between January 1, 

1949, and January 1, 

2006, a person born in 

New Zealand 

(including the Cook 

Islands, Niue, or 

Tokelau) was 

considered a New 

Zealand citizen by 

birth.103

Nicaragua Y104

Niger N A child born in Niger 

is a citizen if at least 
Birthright Citizenship Around the World

The Law Library of Congress 30

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

one of his/her parents 

was also born there.105

Pakistan Y106

Panama Y107

Paraguay Y108

Peru Y109

Portugal N Granted to children 

born in Portuguese 

territory to foreigners, 

if at least one of the 

parents was also born 

in Portugal and resides 

there, regardless of 

status, at the time of 

birth.110

Granted to children 

born in Portuguese 

territory whose parents 

indicated that the child 

would not be 

Portuguese, provided 

that one of the parents 

had legally resided in 

Portugal for at least 

two years at the time 

of birth (creating a 

prospective right for 

the child).111
Birthright Citizenship Around the World

The Law Library of Congress 31

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Rwanda N Any person born in 

Rwanda of foreign 

parents may, from the 

age of eighteen 

onwards, obtain 

Rwandan citizenship 

by submitting an 

official application.112 

The application 

process requires the 

applicant to provide, 

among other things, a 

certificate showing 

that he/she has never 

been sentenced to 

more than six months 

in jail and is not 

subject to legal 

proceedings.113

Saint Helena N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

Ended January 1, 

1983, the effective 

date of the British 

Nationality Act 1981. 

Prior to this Act, 
Birthright Citizenship Around the World

The Law Library of Congress 32

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

born in Saint Helena 

if, at the time of birth, 

either parent is a 

British overseas 

territories citizen or 

settled in a British 

overseas territory.114

British citizenship was 

granted to children 

born in the UK and its 

territories.

115

Saint Kitts and 

Nevis

Y116

Saint Lucia Y117

Saint Vincent & 

the Grenadines

Y118

Samoa N Under a 1959 

ordinance and 

subsequently the 

Citizenship Act 1972, 

children born in 

Samoa were 

considered citizens by 

birth.119 However, loss 

or deprivation of such 
Birthright Citizenship Around the World

The Law Library of Congress 33

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

citizenship could 

occur in certain 

circumstances.120

Since January 21, 

2004, a child born in 

Samoa is a citizen by 

birth only if at least 

one of his/her parents 

is a Samoan citizen.121

São Tomé e 

Príncipe

Y122

Senegal N A child born in 

Senegal is a citizen if 

at least one of his/her 

parents was also born 

there.123

Singapore N Under the Singapore 

Citizenship Ordinance 

1957, every person 

born in the Colony of 
Birthright Citizenship Around the World

The Law Library of Congress 34

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Singapore was a 

citizen of Singapore 

by birth, subject to 

exceptions.124 The 

1957 Ordinance was 

repealed in the 1960s, 

and according to the 

current Constitution of 

the Republic of 

Singapore, persons 

born in Singapore, are 

only citizens by birth 

if one of their parents 

is a citizen of 

Singapore, unless the 

government considers 

it just and fair to 

confer citizenship on 

the person.

125

South Africa N Grants citizenship to 

anyone “born in the 

Republic of parents 

who have been 

admitted into the 
Birthright Citizenship Around the World

The Law Library of Congress 35

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Republic for 

permanent residence” 

so long as he/she has 

lived in the country 

from birth to the age of 

majority and his/her 

birth is registered 

according to the 

relevant law.126

Spain N Granted if at least one 

of the foreign parents 

was born in Spain.127 

Tanzania Y128

Thailand N Granted to children 

born in Thailand to 

foreign parents if both 

parent are legal 

residents, excluding 

residents who are only 

permitted to stay 

temporarily.129 
Birthright Citizenship Around the World

The Law Library of Congress 36

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

Timor Leste N May be claimed by 

children born in the 

national territory to a 

foreign father or 

mother upon declaring 

themselves willing to 

be Timorese after 

reaching eighteen 

years of age (“over 

seventeen years of 

age”).130

Togo N A child born in Togo 

is a citizen if his/her

father and mother 

were also born in 

Togo, and his/her main 

residence is in 

Togo.131

May be claimed by 

any person born in 

Togo of foreign 

parents upon reaching 

the age of majority, if 

she/he has behaved 

and been generally 

regarded as a Togolese 

citizen since the age of 

sixteen. The 

government has the 

authority to oppose 

such a person’s 
Birthright Citizenship Around the World

The Law Library of Congress 37

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

accession to Togolese 

citizenship.132

Trinidad & 

Tobago

Y133

Turks & Caicos N British overseas 

territories citizenship, 

or in some instances 

British citizenship, 

granted to children 

born in Turks and 

Caicos if, at the time 

of birth, either parent 

is either a British 

overseas territories 

citizen or settled in a 

British overseas 

territory.134 

Turks and Caicos is a 

British overseas 

territories and 

birthright citizenship 

ended January 1, 

1983, the effective 

date of the British 

Nationality Act 

1981.135

United Kingdom N Granted to children 

born in the UK to a 

parent who is either a 

British citizen, legally 

settled in the UK, or 

Children born in the 

UK to individuals who 

are neither citizens nor 

legally settled in the 

UK may obtain British 

Birthright citizenship 

existed from ancient 

common law138 to 

January 1, 1983, the 

effective date of the 
Birthright Citizenship Around the World

The Law Library of Congress 38

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

member of the UK 

armed forces.136

citizenship if they live 

in the UK for the first 

ten years of their life 

with only limited leave 

outside the country.137

British Nationality Act 

1981. Jus soli can be 

traced back several 

hundred years, most 

notably being 

discussed in Calvin’s 

Case (1608),139 and 

was last enshrined in 

statute in 1948.140 

Uruguay Y141

Venezuela Y142

Yemen N Child born in Yemen 

to two foreign parents 

who resides in Yemen 

until reaching legal age 

may apply for 

citizenship within one 

year of reaching legal 

age if he/she is 

acquainted with 

Arabic, of sound mind, 

free of mental and 
Birthright Citizenship Around the World

The Law Library of Congress 39

Country

Unconditional 

Birthright 

Citizenship at 

Birth? 

(Y/N)

Birthright Citizenship with Conditions

Birthright 

Citizenship 

Previously Allowed Based on Parent(s)’ 

Status and/or Length 

of Residency

Based on Age & Residency of Child Based on 

Combination of 

Parental Status & 

Child’s 

Age/Residency

Based on Race or 

Ethnicity

Automatic By Petition

physical impairments 

that would render 

him/her a burden to 

society, and has never 

been convicted of a 

criminal offense or 

moral crime.143

1 Law on Albanian Citizenship art. 8, unofficial English translation available at http://www.refworld.org/docid/3ae6b5c10.html, archived at https://perma.cc/X4M4-KKLG.

2 CONSTITUIÇÃO DA REPÚBLICA DE ANGOLA art. 9, https://www.legis-palop.org/results.jsp?load=39194&l&a=1541431093799 (by subscription only).

3 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

4 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

5 Antigua and Barbuda Constitution Order 1981, cap. 23, LAWS OF ANTIGUA AND BARBUDA.

6 CONSTITUCIÓN DE LA REPÚBLICA ARGENTINA [CONSTITUTION OF THE REPUBLIC OF ARGENTINA] art. 75, para. 12, BOLETÍN OFICIAL [B.O.], Aug. 22, 1994, http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-

4999/804/norma.htm, archived at https://perma.cc/3X93-DTE4; Ley 346 de Ciudadanía [Law 346 on Citizenship] art. 1.1, B.O., Oct. 1, 1869, http://servicios.infoleg.gob.ar/infolegInternet/anexos/45000-

49999/48854/texact.htm, archived at https://perma.cc/P8QT-SLJW.

7 Australian Citizenship Amendment Act 1986 (Cth) s 4, https://www.legislation.gov.au/Details/C2004A03311, archived at https://perma.cc/V38F-7LAQ; Australian Citizenship Act 2007 (Cth) s 12 (current law), 

https://www.legislation.gov.au/Details/C2018C00256, archived at https://perma.cc/L4Q5-D4VZ. 

8 Id.

9 Australian Citizenship Amendment Act 1986 (Cth) s 4, https://www.legislation.gov.au/Details/C2004A03311, archived at https://perma.cc/V38F-7LAQ.

 
Birthright Citizenship Around the World

The Law Library of Congress 40

 10 Nationality and Citizenship Act 1948 (Cth) s 10 (as enacted), http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/num_act/naca194883o1948339/, archived at https://perma.cc/VA2V-7CRB. 

11 CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS, L.R.O. 1/2006, STATUTE LAW OF THE BAHAMAS, http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1973/1973-

1080/TheConstitution_1.pdf, archived at https://perma.cc/9KLH-DEPG. Section 6 of the Constitution of the Bahamas provides that persons born in the Bahamas after July 9, 1973, become citizens at birth only if 

one or both of their parents are citizens of the Bahamas.

12 CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS, L.R.O. 1/2006, arts. 3-4, STATUTE LAW OF THE BAHAMAS, available at

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1973/1973-1080/TheConstitution_1.pdf, archived at https://perma.cc/9KLH-DEPG. 

13 CONSTITUTION OF BARBADOS, 1 L.R.O. 2002, § 2, 1 THE LAWS OF BARBADOS (2002 red. ed.), available at http://www.oas.org/dil/the_constitution_of_barbados.pdf, archived at https://perma.cc/T7CT-UQ4H. 

14 CODE DE LA NATIONALITÉ BELGE [CODE OF BELGIAN NATIONALITY] art. 11bis, http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1984062835, archived at

https://perma.cc/YMU4-KTR2.

15 Id.

16 Id. 12bis.

17 Belize Nationality Act, cap. 161, § 5(1), LAWS OF MALTA (rev. ed. 2000), available at http://www.belizelaw.org/web/lawadmin/PDF%20files/cap161.pdf, archived at https://perma.cc/4ENJ-6AM3. 

18 Loi No. 65-17 du 23 juin 1965 portant code de la nationalité dahoméenne [Law No. 65-17 of 23 June 1965 Establishing a Code of Dahomeyan Nationality], art. 7, http://www.refworld.org/docid/3ae6b581c.html, 

archived at https://perma.cc/W8LJ-VZCL

19 Loi No. 65-17 du 23 juin 1965 portant code de la nationalité dahoméenne [Law No. 65-17 of 23 June 1965 Establishing a Code of Dahomeyan Nationality], art. 24, http://www.refworld.org/docid/3ae6b581c.html, 

archived at https://perma.cc/W8LJ-VZCL. 

20 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

21 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

22 CONSTITUCIÓN POLÍTICA DEL ESTADO [POLITICAL CONSTITUTION OF THE STATE] art. 141, BOLETÍN OFICIAL Feb. 7, 2009, http://www.wipo.int/edocs/lexdocs/laws/es/bo/bo024es.pdf, archived at

https://perma.cc/6MPK-RHGP.

23 CONSTITUIÇÃO FEDERAL art. 12, http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm, archived at https://perma.cc/6BD4-6L2M.

24 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

25 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

26 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

27 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

28 CODE DES PERSONNES ET DE LA FAMILLE [CODE OF PERSONS AND FAMILY] art. 144.

29 CODE DES PERSONNES ET DE LA FAMILLE [CODE OF PERSONS AND FAMILY] art. 155.

30 Law on Nationality, Kram NS/RKM/1096/30 (1996), art. 4, para. 2, http://www.cambodiainvestment.gov.kh/wp-content/uploads/2012/09/LAW-96-Nationality-E.pdf, archived at https://perma.cc/23MJ-ZBYT. 
Birthright Citizenship Around the World

The Law Library of Congress 41

 31 Loi No. 1968-LF-3 du 11 juin 1968, Portant code de la nationalité camerounaise [Law No. 1968-LF-3 of the 11th June 1968 to Set Up the Cameroon Nationality Code], art. 11, French version at

http://www.refworld.org/docid/3ae6b4d734.html, archived at https://perma.cc/MCK3-NCR3, English version at http://www.refworld.org/docid/3ae6b4db1c.html, archived at https://perma.cc/QEE9-NRJS

32 Loi No. 1968-LF-3 du 11 juin 1968, Portant code de la nationalité camerounaise [Law No. 1968-LF-3 of the 11th June 1968 to Set Up the Cameroon Nationality Code], art. 20, French version at

http://www.refworld.org/docid/3ae6b4d734.html, archived at https://perma.cc/MCK3-NCR3, English version at http://www.refworld.org/docid/3ae6b4db1c.html, archived at https://perma.cc/QEE9-NRJS.

33 All persons born in Canada after February 14, 1977, are citizens regardless of the nationality of the parents. Citizenship Act § 3(1)(a), R.S.C. 1985, c. C-29, http://laws-lois.justice.gc.ca/eng/acts/c-29/page-1.html, 

archived at https://perma.cc/J6SN-2C2N. The only cases in which such birthright citizenship is not extended are for: a child born in Canada, if, at the time of his/her birth, neither of his/her parents was a Canadian 

citizen or Canadian permanent resident and either parent was a foreign diplomat or otherwise employed by a foreign government, or employed by an international organization with similar privileges and immunities 

to a foreign government. Id. § 3(2).

34 Lei No. 80/III/90, de 29 de Junho, art. 8(b), https://www.legis-palop.org/results.jsp?l&vc&load=8289 (by subscription only), archived at https://perma.cc/Z5TX-SKPU. 

35 Loi No. 1961-212 du 20 avril 1961 portant code de la nationalité centrafricaine [Law No. 1961-212 of 20 April 1961 Establishing a Central African Nationality Code], arts. 7, 18-20, 

http://www.refworld.org/pdfid/3ae6b55d4.pdf, archived at https://perma.cc/J43L-VUHZ. 

36 British Nationality Act 1981, c. 61, § 1, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

37 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

38 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE CHILE [POLITICAL CONSTITUTION OF CHILE] art. 10.1, DIARIO OFICIAL, Sept. 22, 2005, http://bcn.cl/1uva9, archived at https://perma.cc/L483-RFEZ.

39 CONSTITUCIÓN POLÍTICA DE COLOMBIA [POLITICAL CONSTITUTION OF COLOMBIA] art. 96.1, GACETA CONSTITUCIONAL, July 4, 1991, http://www.suinjuriscol.gov.co/viewDocument.asp?ruta=Constitucion/1687988, archived at https://perma.cc/YX27-2AAW.

40 CODE DE LA NATIONALITÉ [NATIONALITY CODE] arts. 20-22, http://comoresdroit.comores-droit.com/wp-content/dossier/code/nationalite.pdf, archived at https://perma.cc/N78A-SPLA. 

41 Loi 04/024 du 12 novembre 2004 relative à la nationalité congolaise [Law 04/024 of 12 November 2004 Regarding Congolese Nationality], art. 21, 

http://www.leganet.cd/Legislation/Code%20de%20la%20famille/LIVRE%20I%20DE%20LA%20NATIONALITE.htm, archived at https://perma.cc/LL9U-AE5R. 

42 CODE DE LA NATIONALITÉ CONGOLAISE [CODE OF CONGOLESE NATIONALITY] arts. 8 & 9, http://www.refworld.org/docid/3ae6b4db4.html, archived at https://perma.cc/DS4G-RZLL.

43 CODE DE LA NATIONALITÉ CONGOLAISE [CODE OF CONGOLESE NATIONALITY] art. 20, http://www.refworld.org/docid/3ae6b4db4.html, archived at https://perma.cc/DS4G-RZLL. 

44 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE COSTA RICA art. 13(1)(3), LA GACETA, Oct. 6, 19 & 20, 1949, 

http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=871&nValor3=113368¶m2=32&strTipM=TC&lResultado=320&strSim=simp, 

archived at https://perma.cc/WKU9-NBJX. The Constitution of 1871, which was reestablished in 1919, had a similar provision, but allowed the children of foreigners to register earlier, at the age of twenty-one. 

CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE COSTA RICA, Dec. 7, 1871, as reestablished by Decreto No. 2 que Reestablece la Constitución Política de 1871, Sept. 3, 1919, in MARCO A. BRENES, COLECCIÓN DE 

CONSTITUCIONES DE COSTA RICA 287, 381 (Imprenta Nacional, San José, 2000). 

45 Loi No. 61-415 du 14 décembre 1961 portant code de la nationalité ivoirienne [Law No. 61-415 of 14 December 1961 Establishing an Ivorian Nationality Code] arts. 17-19, 

http://www.refworld.org/docid/524560854.html, archived at https://perma.cc/PH7Q-LLSR. 

46 CONSTITUCIÓN DE LA REPÚBLICA DE CUBA art. 29-A, DISPOSICIÓN ESPECIAL, GACETA OFICIAL [G.O.] [OFFICIAL GAZETTE], Jan. 31, 2003, 2015 edition available at http://www.onbc. 

cu/uploads/media/page/0001/01/d6ce6bbdc7a32d25261065ac152ebabf1d7334be.pdf, archived at https://perma.cc/6UDJ-DEVG. See also CONSTITUCIÓN DE LA REPÚBLICA DE CUBA art. 29-A, reproduced in FIDEL 

CASTRO ET AL., LEGALIDAD Y PODER POPULAR EN CUBA: CON EL TEXTO COMPLETO DE LA CONSTITUCIÓN CUBANA 230 (Ed. Convergencia, 1976). 
Birthright Citizenship Around the World

The Law Library of Congress 42

 47 CONSTITUTION OF THE COMMONWEALTH OF DOMINICA, Ch. 1:01, Sched. 1, art. 98, http://www.dominica.gov.dm/laws/chapters/chap1-01-sch1.pdf, archived at https://perma.cc/4QKP-WJEV. A person born in 

Dominica on or after November 3, 1978, “shall become a citizen of Grenada at the date of his or her birth” unless his/her father or mother is a diplomat and is not a citizen of Dominica, or if one of the parents is a 

citizen of a country with which Dominica is at war, and the birth occurs in a place then under occupation by the enemy.

48 CONSTITUCIÓN DE LA REPÚBLICA DEL ECUADOR [CONSTITUTION OF THE REPUBLIC OF ECUADOR] art. 7. 1, REGISTRO OFICIAL Oct. 20, 2008, http://www.wipo.int/edocs/lexdocs/laws/es/ec/ec030es.pdf, archived at

https://perma.cc/X6SX-75LE.

49 CONSTITUCIÓN DE LA REPÚBLICA DE EL SALVADOR art 90, DIARIO OFICIAL [D.O.], Dec. 16, 1983, 

https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072857074_archivo_documento_legislativo.pdf, archived at https://perma.cc/R9PY-RFV4. The Constitution of 1962 accorded citizenship 

to those born in the territory of El Salvador whose father or mother were Salvadorian or a native of one of the Republics of Central America, or whose parents were unknown. CONSTITUCIÓN DE LA REPÚBLICA DE EL 

SALVADOR, D.O. Jan. 16, 1962. 

50 British Nationality Act 1981, c. 61 § 1, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

51 British Nationality (Falkland Islands) Act 1983, c. 6 § 1, http://www.legislation.gov.uk/ukpga/1983/6/pdfs/ukpga_19830006_en.pdf, archived at https://perma.cc/S3YZ-UU84. 

52 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

53 Since 1997, a child born in Fiji is considered a Fijian citizen unless one parent is a diplomat and neither parent is a Fijian citizen. Citizenship of Fiji Decree 2009 (Decree No. 23) s 6, 

http://www.paclii.org/fj/promu/promu_dec/cofd2009210/, archived at https://perma.cc/9D3Y-DVK7; Constitution (Amendment) Act 1997 s 10, http://www.paclii.org/fj/legis/num_act/ca1997268/, archived at

https://perma.cc/6NYB-24UB. During the ten-year period between October 6, 1987, and July 1997, a person born in Fiji would be a citizen by birth only if one of his/her parents was a Fijian citizen. Constitution of 

the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990 s 24, http://www.paclii.org/fj/promu/promu_dec/cotsdrofd1990712/, archived at https://perma.cc/X2RD-H3G8. Previously, under the 1970 

Fijian Constitution, in force until September 28, 1987, a person born in Fiji would be a citizen unless his/her father was a diplomat or an enemy alien in a place under enemy occupation. Constitution of Fiji 1970 s 21, 

http://www.paclii.org/fj/legis/consol_act/fio1970acof403/, archived at https://perma.cc/H86U-V7SH. See SIR PAUL REEVES ET AL., THE FIJI ISLANDS: TOWARDS A UNITED FUTURE 92–95 (Report of the Fiji 

Constitution Review Commission, 1996), http://www.paclii.org/fj/constitutional-docs-archives/reeves-report/ch6.pdf, archived at https://perma.cc/6DUP-D63Q. 

54 12 § 4 MEDBORGARSKAPSLAG [ACT ON CITIZENSHIP] (FFS 16.5.2003/359), https://www.finlex.fi/sv/laki/ajantasa/2003/20030359, archived at https://perma.cc/BCP6-XWF7.

55 Id. 

56 CODE CIVIL [CIVIL CODE] art. 21-7, https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006070721&idArticle=LEGIARTI000006419825&dateTexte=&categorieLien=cid, archived at

https://perma.cc/ABK8-SBKP. 

57 CODE CIVIL [CIVIL CODE], art. 21-7 (1994-1998), 

https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=37F749747A3C1DDFF3CE739725AD20C5.tplgfr44s_1?idArticle=LEGIARTI000006419825&cidTexte=LEGITEXT000006070721&categorieLien=

id&dateTexte=19980831, archived at https://perma.cc/Y7TZ-Y7Y5. 

58 CODE DE LA NATIONALITÉ FRANÇAISE [FRENCH NATIONALITY CODE] (1952), art. 44.

59 CODE DE LA NATIONALITÉ [CODE OF NATIONALITY], art. 11, http://www.droit-afrique.com/upload/doc/gabon/Gabon-Code-1999-nationalite.pdf, archived at https://perma.cc/G889-55NM. 

60 Staatsangehörigkeitsgesetz [StAG] [Nationality Act], July 22, 1913, REICHSGESETZBLATT [RGBL.] [IMPERIAL LAW GAZETTE] at 583, as amended, § 4, para. 3, http://www.gesetze-im-internet.de/rustag/StAG.pdf, 

archived at http://perma.cc/3NZ5-B89U, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_rustag/englisch_rustag.pdf, archived at http://perma.cc/UWP3-LTFL.

61 British Nationality Act 1981, c. 61 § 1, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

62 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 
Birthright Citizenship Around the World

The Law Library of Congress 43

 63 Grenada Constitution Act, Ch. 128A, § 96, http://laws.gov.gd/. A person born in Grenada on or after February 7, 1974, the date of commencement of this Constitution, is a citizen of Dominica at birth unless his/her 

father or mother are noncitizens and diplomats, or citizens of a country with which Grenada is at war and the birth occurs in a place then under occupation.

64 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE GUATEMALA, DIARIO DE CENTRO AMÉRICA, June 3, 1985, art. 144, https://www.congreso.gob.gt/wp-content/plugins/normativaconstitucional/includes/uploads/docs/1511972586_constitucion_politica_de_la_republica.pdf, archived at https://perma.cc/BPN7-Y77E.

65 CODE CIVIL [CIVIL CODE] arts. 36 & 37.

66 CODE CIVIL [CIVIL CODE] art. 56.

67 CONSTITUTION OF THE CO-OPERATIVE OF THE REPUBLIC OF GUYANA § 43, LAWS OF GUYANA, Ch. 1:01 (in force Oct. 6, 1980), https://mola.gov.gy/information/laws-of-guyana (click on “Download” for “Chapter 

001:01”), archived at https://perma.cc/C4LZ-BMPY.

68 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE HONDURAS OF 1982, art. 23, as amended, L.G, Jan. 20, 1982, available at http://www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/ConstitucionHN2017.pdf, 

archived at https://perma.cc/CV4W-M57C. Similarly broad provisions existed in the several constitutions in force between the current 1982 Constitution and the 1924 Constitution. The Constitution of 1924 

accorded citizenship to those born in Honduras of Honduran parents or domiciled foreigners. CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE HONDURAS OF 1924, art. 7, Sept. 10, 1924, in JORGE A. COELLO, EL 

DIGESTO CONSTITUCIONAL DE HONDURAS 489 (Tegucigalpa, 1978).

69 Citizenship Act, No. 57 of 1955, https://indiacode.nic.in/bitstream/123456789/1522/3/A1955-57.pdf#search=Citizenship%20Act, archived at https://perma.cc/K7VW-G45R.

70 Citizenship (Amendment) Act, 2003, No. 6 of 2004, § 3, substituting a new section of § 3 of the principal 1955 Act, available at 

http://www.prsindia.org/uploads/media/vikas_doc/docs/acts_new/1167485133_citizenship_amendment.pdf, archived at https://perma.cc/M73C-CCC2. 

71 Citizenship Act, No. 57 of 1955, § 3(2)(a). Citizenship by birth is only granted to every person born between July 1, 1987, to the commencement of the 2003 Amending Act if either parents are citizens of India at 

the time of birth. Citizenship by birth is also granted to a person born after the commencement of the 2003 Amendment if both parents are citizens or one parent is a citizen and the other is not an illegal migrant at the 

time of the birth. Id. § 3(2)(b)-(c).

72 Undang-Undang Nomor 3 Tahun 1946 Tentang Warga Negara dan Penduduk Negara [Law No. 3 of 1946 concerning Citizenship of State and State Population], art. 1, 

http://www.dpr.go.id/dokjdih/document/uu/816.pdf (in Indonesian), archived at https://perma.cc/VN6B-W5PX. See SUSI DWI HARIJANTI, REPORT ON CITIZENSHIP LAW: INDONESIA 3 (European University Institute, 

RSCAS/GLOBALCIT-CR 2017/4, Feb. 2017), http://cadmus.eui.eu/bitstream/handle/1814/45372/GLOBALCIT_CR_2017_04.pdf, archived at https://perma.cc/3VPW-ZNF6. 

73 Law No. 62 of 1958 on Citizenship of the Republic of Indonesia art. 1, available at http://www.refworld.org/docid/3ae6b4ec8.html (unofficial English translation), archived at https://perma.cc/J7HR-BDZL; Law 

No. 12 of 2006 on Citizenship of the Republic of Indonesia art. 4, available at http://www.refworld.org/pdfid/4538aae64.pdf (unofficial English translation), archived at https://perma.cc/DU9D-ASPB. Under both 

the 1958 law and the 2006 law, children born in Indonesia to parents of undetermined citizenship, or whose parents are stateless or their whereabouts underdetermined, are considered Indonesian citizens.

74 Iraqi Nationality Law, Law 26 of 2006, art. 5, Mar. 7, 2006, available at http://www.refworld.org/docid/4b1e364c2.html, archived at https://perma.cc/P25R-77VD.

75 Belfast (Good Friday) Agreement, 1998, Cm. 3883, available at http://www.nio.gov.uk/agreement.pdf (unofficial source).

76 Irish Nationality and Citizenship Act 1956, No. 26 of 1056, § 6, http://www.irishstatutebook.ie/eli/1956/act/26/section/6/enacted/en/html#sec6, archived at https://perma.cc/WE5T-AVUH, as amended by Irish 

Nationality and Citizenship Act 2004, No. 38/2004, http://www.irishstatutebook.ie/eli/2004/act/38/enacted/en/print.html, archived at https://perma.cc/S5UA-XEY7, commenced by Irish Nationality and Citizenship 

Act 2004 (Commencement) Order 2004, SI 2004/873, http://www.irishstatutebook.ie/eli/2004/si/873/made/en/print, archived at https://perma.cc/75MU-XLT5. 

77 Irish Nationality and Citizenship Act 1956, No. 26 of 1056, § 6, http://www.irishstatutebook.ie/eli/1956/act/26/section/6/enacted/en/html#sec6, archived at https://perma.cc/WE5T-AVUH. 

78 Nationality Law, 5712-1952, § 4A(a)–(b), SEFER HAHUKIM [BOOK OF LAWS (official gazette)] No. 95 p. 146, as amended.
Birthright Citizenship Around the World

The Law Library of Congress 44

 79 Jamaica (Constitution) Order in Council 1962, Ch. 2, § 3B, JAMAICA MINISTRY OF JUSTICE, https://jis.gov.jm/media/Ja-Constitution-Order-in-Council-1962-full.pdf, archived at https://perma.cc/74QH-VNT9; see 

also Requirements for Citizenship by Birth/Adoption/Descent, CONSULATE GENERAL OF JAMAICA, MIAMI, FLORIDA, http://www.jamaicacgmiami.org/page/citizenship-by-birth/ (last visited Nov. 1, 2018), archived at

https://perma.cc/N986-C9RN.

80 Kosovar Law on Citizenship, Arts. 7, English translation available at http://www.assembly-kosova.org/common/docs/ligjet/2008_03-L034_en.pdf, archived at https://perma.cc/HE2K-U35J.

81 LESOTHO CONSTITUTION, 1993 (as amended through 1998), § 38, available at https://www.constituteproject.org/constitution/Lesotho_1998.pdf?lang=en, archived at https://perma.cc/M38E-AB2B (“every person 

born in Lesotho after the coming into operation of this Constitution shall become a citizen of Lesotho.”). This does not include a person one or both of whose parents was a diplomat at the time of birth. Id. It also 

does not include a person at least one of whose parents is an “enemy alien and the birth occurs in a place then under occupation by the enemy.” Id. The 1971 Citizenship Order included a similar jus soli rule. 

Lesotho Citizenship Order 16 of 1971, § 5, available at https://www.lesothotradeportal.org.ls/kcfinder/upload/files/CITIZENSHIP%20ODER%201971.pdf, archived at https://perma.cc/8W7Z-BAFV. The 1967 

Citizenship Act does not appear to have accorded similar rights. Lesotho Citizenship Act of 1967. However, it seems that the law in place prior to the enactment of the 1967 Citizenship Act included a qualified jus 

soli rule. Lesotho Independence Act of 1966, § 3, XI THE LAWS OF LESOTHO (1966).

82 Aliens and Nationality Law of 1973, § 20.1, available at http://www.liberlii.org/cgi-bin/disp.pl/lr/legis/codes/aanlt4lcolr505/aanlt4lcolr505.html?stem=0&synonyms=0&query=Definition%20of%20Negro, 

archived at https://perma.cc/EZS6-5Q3A. 

83 CONSTITUTION OF THE REPUBLIC OF LIBERIA, 1986, art. 27(b), available at http://www.wipo.int/edocs/lexdocs/laws/en/lr/lr003en.pdf, archived at https://perma.cc/9EXX-MF5X. The 1847 Constitution provided a 

similar restriction, stating that “[n]one but persons of color shall be admitted to citizenship in this republic.” CONSTITUTION OF THE REPUBLIC OF LIBERIA, 1847, § 13, available at 

http://www.palatauruscentrostudi.eu/doc/LBR_Constitution_1847_EN.pdf, archived at https://perma.cc/HJA5-KB5Y. 

84 Loi du 8 mars 2017 sur la nationalité luxembourgeoise, telle que modifiée par la loi du 20 juillet 2018 [Law of 8 March 2017 on Luxembourger Nationality, as Amended by the Law of 20 July 2018], art. 4,

http://mj.public.lu/nationalite/Texte_coordonne_loi_modifiee_8mars2017nationalite_lux.pdf, archived at https://perma.cc/U38X-Y8A3. 

85 Loi du 8 mars 2017 sur la nationalité luxembourgeoise, telle que modifiée par la loi du 20 juillet 2018 [Law of 8 March 2017 on Luxembourger Nationality, as Amended by the Law of 20 July 2018], art. 6, 

http://mj.public.lu/nationalite/Texte_coordonne_loi_modifiee_8mars2017nationalite_lux.pdf, archived at https://perma.cc/U38X-Y8A3. 

86 Id. art. 14 & sch. 2 pts. I & II.

87 FEDERAL CONSTITUTION OF MALAYSIA 1957, art. 14 (original version contained in notes to current art. 14) & sch. 2 pt. I, http://www.agc.gov.my/agcportal/uploads/files/Publications/FC/Federal Consti (BI 

text).pdf, archived at https://perma.cc/C4B6-GL2X. 

88 CODE DE LA NATIONALITÉ DU MALI [CODE OF NATIONALITY OF MALI], art. 12, http://www.reforme-justice.gouv.ml/PRODEJ/pdf/02-nationalite.pdf, archived at https://perma.cc/6BBU-35R6

89 CODE DE LA NATIONALITÉ DU MALI [CODE OF NATIONALITY OF MALI], art. 27, http://www.reforme-justice.gouv.ml/PRODEJ/pdf/02-nationalite.pdf, archived at https://perma.cc/6BBU-35R6.

90 Maltese Citizenship Act, cap. 188, art. 5, http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8702&l=1, archived at https://perma.cc/7WU7-47MJ. 

91 Malta Independence Order 1964, art. 26, http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12466&l=1, archived at https://perma.cc/5964-9N8T. 

92 CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS [POLITICAL CONSTITUTION OF THE MEXICAN UNITED STATES] art. 30-A(I), D.O.F, Feb. 5, 1917, available as amended through Aug. 2018 at

http://www.diputados.gob.mx/LeyesBiblio/pdf/1_270818.pdf, archived at https://perma.cc/9TF4-LW5H. See also Decreto que reforma el art. 30 de la Constitucion Politica, art. 30, D.O.F, Jan. 18, 1934, available at

http://www.diputados.gob.mx/LeyesBiblio/ref/dof/CPEUM_ref_016_18ene34_ima.pdf, archived at https://perma.cc/2Z4S-UJ6P. 

93 CODE CIVIL [CIVIL CODE] art. 8, https://www.legimonaco.mc/305/legismclois.nsf/Code/05F01559E22C44CDC125773F0028EDFA!OpenDocument, archived at https://perma.cc/S2DV-RVD6

94 CODE CIVIL [CIVIL CODE] art. 8, https://www.legimonaco.mc/305/legismclois.nsf/Code/05F01559E22C44CDC125773F0028EDFA!OpenDocument, archived at https://perma.cc/S2DV-RVD6. 

95 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.
Birthright Citizenship Around the World

The Law Library of Congress 45

 96 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

97 NAMIBIAN CONSTITUTION, 1990 (as amended through 2014), art. 4, https://laws.parliament.na/cms_documents/namibian-constitution-e77d13246a.pdf, archived at https://perma.cc/5649-VYU9. This excludes 

children of diplomats, children of or persons “who are members of any police, military or security unit seconded for service within Namibia by the Government of another country,” or children of illegal immigrants. 

Id. 

98 Id. This does not include children of diplomats. Id. It also does not include children whose parents were “members of any police, military or security unit seconded for service within Namibia by the Government

of another country” unless “the fathers or mothers of such persons claiming citizenship were ordinarily resident in Namibia at the date of the birth of such persons, and had been so resident for a continuous period of 

not less than five (5) years prior to such date.” Id. 

99 Nepal Citizenship Act 2063 (2006), Rule 4, available at http://www.refworld.org/pdfid/4bbca97e2.pdf, archived at https://perma.cc/8497-WCA2; see also SABIN SHRESTHA, GLOBAL CITIZENSHIP OBSERVATORY,

ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES, REPORT ON CITIZENSHIP LAW: NEPAL 11 (Mar. 2017), http://cadmus.eui.eu/bitstream/handle/1814/45932/GLOBALCIT_CR_2017_08.pdf, archived at

https://perma.cc/D7NM-2Z48. 

100 Nepal Citizenship Rules, 2063 (2006), § 4 http://www.lawcommission.gov.np/en/wp-content/uploads/2018/09/nepal-citizenship-rules-2063-2006.pdf, archived at https://perma.cc/D7NM-2Z48. 

101 Rijkswet op het Nederlanderschap [Kingdom Act on Dutch Citizenship], Dec. 19, 1984, STAATSBLAD VAN HET KONINKRIJK DER NEDERLANDEN [STB.] [OFFICIAL GAZETTE OF THE KINGDOM OF THE 

NETHERLANDS] 1984, no. 628, art. 6, para. 1a), http://wetten.overheid.nl/jci1.3:c:BWBR0003738&z=2018-08-01&g=2018-08-01, archived at http://perma.cc/HP6K-HZ4W.

102 Citizenship Amendment Act 2005 s 5, http://www.nzlii.org/nz/legis/hist_act/caa20052005n43255/, archived at https://perma.cc/26ET-QBXC; Citizenship Act 1977 s 6 (current), 

http://www.legislation.govt.nz/act/public/1977/0061/latest/whole.html, archived at https://perma.cc/V3TD-TAME. 

103 British Nationality and New Zealand Citizenship Act 1948 s 6 (as enacted), http://www.nzlii.org/nz/legis/hist_act/bnanzca19481948n15493/, archived at https://perma.cc/C49D-8K7D; Citizenship Act 1977 s 6 

(as enacted), http://www.nzlii.org/nz/legis/hist_act/ca19771977n61175/, archived at https://perma.cc/L9KV-2MS5. 

104 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE NICARAGUA art. 16, originally published in LA GACETA, Jan. 9, 1987, republished with all amendments in LA GACETA, Feb. 18, 2014, 

https://ministeriopublico.gob.ni/wp-content/uploads/2016/05/constitucion.pdf, archived at https://perma.cc/L3CR-EFHD. Includes citizenship opt-in provision for children of foreign diplomats and dignitaries born 

in the country. Id. Other twentieth-century constitutions preceding the 1987 Constitution had similar and in some cases identical provisions. See Vols. 1, 2 LAS CONSTITUCIONES POLÍTICAS Y SUS REFORMAS EN LA 

HISTORIA DE NICARAGUA (Antonio Esgueva Gómez ed., Editorial IHNCA (UCA), June 2000).

105 CODE CIVIL [CIVIL CODE], art. 8.

106 Pakistan Citizenship Act, No. 2 of 1951, § 4, http://www.refworld.org/pdfid/3ae6b4ffa.pdf, archived at https://perma.cc/D2NH-WJ3E. While the Citizenship Act supports unconditional birthright citizenship, the 

citizenship claims of children of Afghan refugees born in Pakistan appear to be denied by Pakistan’s government “both at administrative and judicial levels.” According to one report, “[n]o statutory provision of law 

expressly deals with status of citizenship of refugees and especially, Afghan refugees in Pakistan. With regards to citizenship by birth the case of Afghan Refugees is of special importance, as the status of citizenship 

is not extended to them even if a child of a refugee is born in Pakistan.” As summarized by the same report the High Court of Peshawar had “pronounced that the children of Afghan refugees cannot claim citizenship 

by birth as their parents have a recognized refugee status and they would be deemed foreigners and aliens under the law. The Afghan refugees were provided temporary refuge in the country and the governing law 

for them is the Foreigners Act, 1946.” FARYAL NAZIR, GLOBAL CITIZENSHIP OBSERVATORY, ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES, REPORT ON CITIZENSHIP LAW: PAKISTAN 5-6 (Country Report 

2016/13, Dec. 2016), http://cadmus.eui.eu/bitstream/handle/1814/44544/EudoCit_2016_13Pakistan.pdf?sequence=1, archived at https://perma.cc/95QH-L8TB.

107 CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE PANAMÁ [POLITICAL CONSTITUTION OF THE REPUBLIC OF PANAMA], as amended, art. 9-I, G.O., Oct. 24, 1972 (original publication), Nov. 15, 2004 (republication 

with amendments), https://www.constitucion.gob.pa/tmp/file/1/Texto-editado-por-la-Asamblea-Nacional.pdf, archived at https://perma.cc/7KQW-SXJ3.

108 CONSTITUCIÓN DE LA REPÚBLICA DEL PARAGUAY [CONSTITUTION OF THE REPUBLIC OF PARAGUAY] art. 146.1, GACETA OFICIAL, June 22, 1992, 

http://www.diputados.gov.py/ww5/application/files/9114/8033/7753/constitucion_espanol1992.compressed.pdf, archived at https://perma.cc/NX2Z-ZWDQ.
Birthright Citizenship Around the World

The Law Library of Congress 46

 109 CONSTITUCIÓN POLÍTICA DEL PERÚ [POLITICAL CONSTITUTION OF PERÚ] art. 52 para 1, EL PERUANO, Dec. 30, 1993, 

https://www.web.onpe.gob.pe/modCompendio/html/constitucion_peruana/constitucion_titulo2_capitulo1.html, archived at https://perma.cc/K9CX-GXNJ.

110 Lei No. 37/81, de 03 de Outubro, as amended by Lei Orgânica No. 2/2018, de 05 de Julho, art. 1(1)(e), 1http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=614&tabela=leis, archived at

https://perma.cc/4N5V-DUCB. 

111 Id. art. 1(1)(f).

112 CODE DE LA NATIONALITÉ RWANDAISE [RWANDAN NATIONALITY CODE] art. 8, http://www.ambarwanda-paris.fr/nationalite/Loi_Nationalite.pdf, archived at https://perma.cc/9TU7-4YE3.

113 Presidential Order No. 21-01 of 27/05/2009 Establishing the Procedure for the Application and Acquisition of Rwandan Nationality art. 6, http://www.ambarwanda-paris.fr/docNationalite/Nationalite.pdf, archived 

at https://perma.cc/K8ZB-M346. 

114 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

115 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

116 CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS §§ 90–91, LAWS OF SAINT LUCIA (rev. ed. Dec. 31, 2001), Ch. 1.01, available at http://www.oas.org/juridico/PDFs/mesicic5_skn_constitution_annex1.pdf, 

archived at https://perma.cc/BCY5-GK6M.

117 CONSTITUTION OF SAINT LUCIA §§ 99–100, LAWS OF SAINT LUCIA, Ch. 1.01 (in force Feb. 22, 1979), http://www.govt.lc/media.govt.lc/www/resources/legislation/ConstitutionOfSaintLucia.pdf, archived at

https://perma.cc/VF85-8VML.

118 CONSTITUTION OF SAINT VINCENT AND THE GRENADINES 1979, 1 LAWS OF SAINT VINCENT AND THE GRENADINES (rev. ed. 1990), available as amended through November 11, 2005, at 

http://www.wipo.int/wipolex/en/text.jsp?file_id=234369, archived at https://perma.cc/QG2F-536Y. 

119 Citizenship of Western Samoa Ordinance 1959, s 3; Citizenship Act 1972, s 4.

120 Citizenship of Western Samoa Ordinance 1959, s 8; Citizenship Act 1972, s 15.

121 Citizenship Act 2004 s 6, http://www.paclii.org/ws/legis/consol_act/ca2004148/, archived at https://perma.cc/RL8C-PWHB. 

122 Lei 6/90, art. 5(1)(f), https://www.legis-palop.org/results.jsp?l&vc&load=34019 (by subscription only).

123 Loi No. 61-10 du 7 mars 1961 déterminant la nationalité sénégalaise [Law No.61-10 of 7 March 1961 Determining Senegalese Nationality], art. 1, http://www.servicepublic.gouv.sn/assets/textes/T-nationalitesenegalaise.pdf, archived at https://perma.cc/76NU-BLQM. 

124 Singapore Citizenship Ordinance (No. 35 of 1957) s 4, 1957 SUPPLEMENT TO THE LAWS OF THE COLONY OF SINGAPORE 508, 509 (1959).

125 CONSTITUTION OF THE REPUBLIC OF SINGAPORE (original enactment S 1/63, Aug. 9, 1965, last amended Apr. 1, 2017) art. 121, https://sso.agc.gov.sg/Act/CONS1963?ViewType=Pdf&_=20180601202418, 

archived at https://perma.cc/4VLY-REFS.

126 South Africa Citizenship Amendment Act 17 of 2010, § 2(3), 546 GOVERNMENT GAZETTE, No. 33850 (Dec. 7, 2010), https://www.gov.za/sites/default/files/a17_2010_0.pdf, archived at https://perma.cc/6R5XRNG5; Proc. 70/2012, https://www.gov.za/sites/default/files/36054_p70.pdf, archived at https://perma.cc/4E36-C23M. 

127 CÓDIGO CIVIL [CIVIL CODE] art. 17(1)(a)–(d), BOLETÍN OFICIAL DEL ESTADO, July 25, 1889, https://www.boe.es/buscar/pdf/1889/BOE-A-1889-4763-consolidado.pdf, archived at https://perma.cc/P9C5-MQ35.

128 Tanzania Citizenship Act 6 of 1995, § 5, IX LAWS OF TANZANIA, Cap. 354 (rev. ed. 2010) (persons born in Tanzania on or after April 1964 deemed citizens). This does not apply to a person whose father was a 

diplomat, or if either of his/her parents is an enemy of the state and the child’s birth occurred in an area under enemy occupation. Id. Note, however, that Tanzania may soon revoke unrestricted birthright citizenship. 
Birthright Citizenship Around the World

The Law Library of Congress 47

 The 2014 Draft Constitution would limit citizenship for persons born in Tanzania to those with at least one Tanzanian citizen parent at the time of birth. PROPOSED DRAFT CONSTITUTION OF TANZANIA § 67 (Sept. 

2014), available at http://www.constitutionnet.org/sites/default/files/the_proposed_constitution_of_tanzania_sept_2014.pdf, archived at https://perma.cc/W2LS-6KRV.

129 Nationality Act, B.E. 2508 (1965), amended by Nationality Act (No. 5), B.E. 2555 (2012), arts. 7 & 7 bis, 

http://www.krisdika.go.th/wps/wcm/connect/d04a0b004079778294e69c5e38a680a3/NATIONALITY+ACT%2C+B.E.+2508+%281965%29.pdf?MOD=AJPERES&CACHEID=d04a0b004079778294e69c5e38a680

a3 (unofficial translation), archived at https://perma.cc/4G2T-AVSQ. 

130 Id. art. 3(2)(c).

131 CODE DE LA NATIONALITÉ TOGOLAISE [TOGOLESE NATIONALITY CODE], art. 1.

132 CODE DE LA NATIONALITÉ TOGOLAISE [TOGOLESE NATIONALITY CODE] art. 8.

133 CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO § 17, LAWS OF TRINIDAD AND TOBAGO, Act 4 of 1976 (in force Aug. 1, 1976), available at 

https://www.oas.org/juridico/english/mesicic3_tto_constitution.pdf, archived at https://perma.cc/EJD7-XXFU. 

134 British Nationality Act 1981, c. 61 § 15 & sched. 9, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

135 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

136 British Nationality Act 1981, c. 61, § 1, http://www.legislation.gov.uk/ukpga/1981/61/data.pdf, archived at https://perma.cc/VC4J-ZEWU.

137 Id.

138 422 PARL. DEB. H.L. (5th ser.) (1981) 595, https://api.parliament.uk/historic-hansard/lords/1981/jul/07/british-nationality-bill#column_595, archived at https://perma.cc/92R7-QNV3.

139 Calvin’s Case (1608) 77 Eng. Rep. 377.

140 British Nationality Act 1948, c. 11 & 12 Geo. 6, c. 56 § 4, http://www.legislation.gov.uk/ukpga/1948/56/pdfs/ukpga_19480056_en.pdf, archived at https://perma.cc/D6DL-7NGC. 

141 CONSTITUCIÓN DE LA REPÚBLICA ORIENTAL DEL URUGUAY [CONSTITUTION OF THE ORIENTAL REPUBLIC OF URUGUAY] art. 74, DIARIO OFICIAL, Feb. 15, 1967, https://www.impo.com.uy/bases/constitucion/1967-

1967, archived at https://perma.cc/B4BK-SUVY.

142 CONSTITUCIÓN DE LA REPÚBLICA ORIENTAL DEL URUGUAY [CONSTITUTION OF THE ORIENTAL REPUBLIC OF URUGUAY] art. 32.1, GACETA OFICIAL, Dec. 30, 1999, 

http://cne.gov.ve/web/normativa_electoral/constitucion/indice.php, archived at https://perma.cc/8VLC-CWMH.

143 Law No. 6 of 1990, art. 4(b), Al-Jarida Al-Rasmiyya, vol. 7, 26 Aug. 1990 (in Arabic), available at https://www.yemen-nic.info/db/laws_ye/detail.php?ID=11266, archived at https://perma.cc/DVN9-6MFR, 

unofficial English translation available at http://www.refworld.org/country,LEGAL,,LEGISLATION,YEM,,3ae6b57b10,0.html, archived at https://perma.cc/PG8C-LR3K. Article 10 of the Executive Regulation of 

Law No. 6 of 1990, issued by Presidential Decree No. 3 of 1994 identifies documents required in the citizenship application in the case described under article 4(b) of Law No. 6 of 1990. It stipulates that a foreigner 

who wishes to acquire Yemeni citizenship in accordance with article 4(b) of the law must submit the following documents: (1) an official document establishing the citizenship of the two foreign parents, such as

identity cards or passports; (2) a birth certificate issued in Yemen; (3) a good character and conduct certificate confirming that he/she has not been convicted for a criminal offense or committed a crime against 

morals; and (4) a medical certificate confirming that he or she is free of any disabilities and mentally stable.