![Jus soli world](https://upload.wikimedia.org/wikipedia/commons/5/59/Jus_soli_world.svg)
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the
right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
of anyone born in the territory of a state to
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
or
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
.
''Jus soli'' was part of the
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
, in contrast to ''
jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'', which derives from the
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
that influenced the
civil-law systems of
mainland Europe
Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by ...
.
''Jus soli'' is the predominant rule in the
Americas
The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World.
Along with th ...
; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the
Old World
The "Old World" is a term for Afro-Eurasia that originated in Europe , after Europeans became aware of the existence of the Americas. It is used to contrast the continents of Africa, Europe, and Asia, which were previously thought of by the ...
and displace native populations in the
New World
The term ''New World'' is often used to mean the majority of Earth's Western Hemisphere, specifically the Americas."America." ''The Oxford Companion to the English Language'' (). McArthur, Tom, ed., 1992. New York: Oxford University Press, p. 3 ...
, along with the emergence of successful
Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.
Outside the Americas, however, ''jus soli'' is rare. Since the
Twenty-seventh Amendment of the Constitution of Ireland
The Twenty-seventh Amendment of the Constitution Act 2004 (previously bill no. 15 of 2004) amended the Constitution of Ireland to limit the constitutional right to Irish citizenship of individuals born on the island of Ireland to the ch ...
was enacted in 2004, no European country grants citizenship based on unconditional or near-unconditional ''jus soli''.
Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of ''
jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'' ("right of blood"), in which citizenship is inherited through parents rather than birthplace, or a restricted version of ''jus soli'' in which citizenship by birthplace is automatic only for the children of certain immigrants.
''Jus soli'' in many cases helps prevent
statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are st ...
.
[Lung-chu Chen, ''An Introduction to Contemporary International Law: A Policy-Oriented Perspective'' (]Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...
, 2015), p. 223. Countries that have acceded to the 1961
Convention on the Reduction of Statelessness
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relat ...
are obligated to grant nationality to people born in their territory who would otherwise become
stateless person
Stateless may refer to:
Society
* Anarchism, a political philosophy opposed to the institution of the state
* Stateless communism, which Karl Marx predicted would be the final phase of communism
* Stateless nation, a group of people without ...
s. The
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...
similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."
National laws
''Lex soli'' is a law used in practice to regulate who and under what circumstances can assert the right of ''jus soli''. Most states provide a specific ''lex soli—''in application of the respective ''jus soli—''and it is the most common means of acquiring nationality. However, a frequent exception to ''lex soli'' is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question.
Unrestricted ''jus soli''
Africa
*
Chad
Chad (; ar, تشاد , ; french: Tchad, ), officially the Republic of Chad, '; ) is a landlocked country at the crossroads of North and Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic ...
(the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)
*
* :
Per the
Tanzania Citizenship Act of 1995, "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of foreign diplomats."
While Tanzania technically observes birthright citizenship, it is official practice that birth in Tanzania has to be further supported by descent from a Tanzanian parent to be recognized as a citizen by birth. This practice has gone uncontested in courts of law. Also, dual citizenship is not allowed after turning 18 years old. At 18 years old, Tanzanian citizenship will cease unless other citizenships are renounced.
North America
* : Guaranteed by the Constitution.
[Katherine Culliton-González]
Born in the Americas: Birthright Citizenship and Human Rights
''Harvard Human Rights Journal'' (2012), Vol. 25, pp. 135–36.
*
Barbados
Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). ...
: Guaranteed by the Constitution.
[
* ]
* : Subsection 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada – including Canadian airspace and territorial waters – is granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parent was a diplomat, the nationality or immigration status of the parents do not matter. Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.
* : Jus soli requires registration with the Costa Rican government before the age of twenty-five.
* Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
*
*
*
*
*
* Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
: Article 30 of the Constitution of Mexico
The Constitution of Mexico, formally the Political Constitution of the United Mexican States ( es, Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in th ...
states that persons born in Mexican territory are natural-born citizens of Mexico regardless of their parents' nationality. The definition of "territory" includes vessels/aircraft flagged to Mexico travelling in international waters or airspace.
*
*
*
*
*
* [
* ]United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
: The Citizenship Clause
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states:
This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had d ...
of the 14th Amendment to the United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, ratified in 1868, provides: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in ''United States v. Wong Kim Ark
''United States v. Wong Kim Ark'', 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Empe ...
'' (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and thus this decision is most often interpreted as barring the government from denying citizenship to a U.S.-born person based on the alienage of his or her parents. (see United States nationality law
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. constitution, U.S. Constitution, various laws, and ...
).
: The U.S. Constitution's natural-born-citizen clause
A natural-born-citizen clause, if present in the constitution of a country, requires that its president or vice president be a natural born citizen. The constitutions of a number of countries contain such a clause, but there is no universally ac ...
, which determines the eligibility of those running for the office of President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, has been at the center of a number of controversies and subject to various interpretations. Some of these interpretations entail a strict ''jus soli'', barring anyone who was not born on U.S soil from attaining the presidency, while others are more permissive.
: From 24 January 2020, the Trump administration adopted a new policy to make it more difficult for foreign nationals to obtain a nonimmigrant visa to travel to the US to give birth on US soil to ensure their children become US citizens, a practice commonly known as "birth tourism
Birth tourism is the practice of traveling to another country for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship (''jus soli''). Such ...
." Conservatives in the United States have often called for legislative reforms, including an amendment to the Citizenship Clause of the 14th Amendment, to end jus soli in the United States – particularly for children born to persons unlawfully present in the country.
:Persons born in American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
(a U.S. territory
In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts). The United States asserts sovereign rights for ...
) are not U.S. citizen
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
s at birth (they are non-citizen U.S. nationals, unless one of their parents is a U.S. citizen).[American Samoa and the Citizenship Clause: A Study in Insular Cases Revisionism](_blank)
harvardlawreview.org. Retrieved July 27, 2020. In 2019, a federal court ruled that American Samoans are U.S. citizens, but the ruling was put on hold, and the litigation is ongoing.
South America
* Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
*
* Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
(requires that the foreign parents are not working for their country's government in Brazil at the time the child is born).
* Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
's Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
grants nationality to "those born in Chilean territory, with the exception of the children of foreigners who are in Chile in service of their government, and the children of transient foreigners, all of which, however, may opt for the Chilean nationality."
*
*
* Paraguay
Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
* Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
(registration required at 18 years of age)
* Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
* Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
Oceania
*
Asia
* Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
The primary law governing nationality regulations is the Pakistan Citizenship Act, 1951, which came into force on 13 April 1951. With few exceptions, almost all individuals born in the country are automatically citizens at birth.
Restricted ''jus soli''
There is a trend in some countries toward restricting ''lex soli'' by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth. Modification of ''jus soli'' has been criticized as contributing to economic inequality, the perpetuation of unfree labour
Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...
from a helot
The helots (; el, εἵλωτες, ''heílotes'') were a subjugated population that constituted a majority of the population of Laconia and Messenia – the territories ruled by Sparta. There has been controversy since antiquity as to their e ...
underclass[ and ]statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are st ...
. ''Jus soli'' has been restricted in the following countries:
Africa
* : According to Article 4 of the Nationality Law of the Arab Republic of Egypt, children born in Egypt gain citizenship at birth if their father or mother was also born in Egypt.
* : A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming adult.
* : A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (see Namibian nationality law
Namibian nationality law is regulated by the Constitution of Namibia, as amended; the Namibian Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is elig ...
).
* : A person born in São Tomé and Príncipe acquires São Toméan nationality, as long as the parents are residents of the country. The only exception is if any of the parents have diplomatic immunity (see São Toméan nationality law).
* : Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents is automatically granted South African citizenship (see South African nationality law
South African nationality law details the conditions by which a person is a national of South Africa. The primary law governing nationality requirements is the South African Citizenship Act, 1995, which came into force on 6 October 1995.
Any ...
).
* : A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, he can apply to the Minister to be granted Sudanese nationality.
* : Individuals born in Tunisia are citizens by birth if their father and grandfather were born in Tunisia. Additionally, the person must declare before becoming an adult (20 years) that he wants to be a citizen.
North America
* : The constitution was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were "in transit" – to include "non-residents" (including individuals with expired residency visas and undocumented workers).
*
South America
* : Article 94 of the constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
grants Colombian nationality by birth provided that at least one of the parents is a Colombian national or a legal resident. By presidential decree, in August 2019 nationality was granted to children of Venezuelan migrants born in Colombia regardless of residential status of their parents.
Asia
* : Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.
* : In 1996, Cambodia changed the law to grant citizenship to children born to foreign parents only if they are living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).
* India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
: A person that was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It began to be restricted in 1987. As of 2020, a person born in India is a citizen if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. These measures were brought in largely in reaction to illegal migration from Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
.
* : Children born in Japan to stateless or unknown parents are Japanese nationals at birth.
* Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
: Pakistan applies jus soli, however, the application was restricted by a Peshawar high court decision to non-refugees only.
* : A person born in Malaysia on or after 16 September 1963 with at least one parent being a Malaysian citizen or permanent resident is automatically a Malaysian citizen (see Malaysian nationality law
Malaysian nationality law details the conditions by which a person is a national of Malaysia. The primary law governing nationality requirements is the Constitution of Malaysia, which came into force on 27 August 1957.
All persons born in M ...
).
* Mongolia
Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
: A person born in Mongolia to foreign parents with valid residency permits can apply for Mongolian nationality when they turn the age of 16. A child in Mongolian territory with unidentified parents can receive Mongolian citizenship (see Mongolian nationality law
The Mongolian nationality law is a nationality law that determines who is a citizen of Mongolia.
Current law
Current citizenship law is guided by the 1992 Constitution of Mongolia and the Law of Mongolia on Nationality. The most recent amendments ...
).
* Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
: Since the July 1997 transfer of sovereignty over Hong Kong
Sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China (PRC) at midnight on 1 July 1997. This event ended 156 years of British rule in the former colony. Hong Kong was established as a special admini ...
, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
and Macao
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
) are not conferred these rights and privileges. The Basic Law provides that all citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
of the People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(PRC) born in the territory are permanent residents of the territory and have the right of abode in Hong Kong
Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after ...
. The 2001 case ''Director of Immigration v. Chong Fung Yuen
''Director of Immigration v. Chong Fung Yuen'' was a 2001 case in Hong Kong's Court of Final Appeal. Chief Justice Andrew Li, in the Court's unanimous opinion, affirmed lower court decisions that Chinese citizens born in Hong Kong enjoyed the ...
'' clarified that the parents need not have right of abode and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior. Furthermore, persons of Chinese ethnicity (wholly or partly) with PRC nationality born in Hong Kong are PRC nationals with Hong Kong permanent residence Non-PRC citizens born to non-PRC citizen Hong Kong permanent resident parents in Hong Kong also receive permanent residence of Hong Kong at birth. Other persons must have "ordinarily resided" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).
* Macau
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
: Similar to Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship since the December 1999 transfer of sovereignty over Macau
The transfer of sovereignty of Macau (; pt, Transferência da soberania de Macau) from Portugal to the People's Republic of China (PRC) occurred on 20 December 1999.
Macau was settled by Portuguese merchants in 1557, during the Ming dynasty ...
, according to the Basic Law of Macau
The Basic Law of the Macao Special Administrative Region of the People's Republic of China ( zh, 中華人民共和國澳門特別行政區基本法, pt, Lei Básica da Região Administrativa Especial de Macau da República Popular da China) is ...
. Becoming a Macau permanent resident has slightly different requirements depending on an individual's nationality. Acquisition by birth operates on a modified jus soli basis; individuals born in Macau to Chinese nationals or to Portuguese citizens domiciled there are automatically permanent residents, while those born to other foreign nationals must have at least one parent who possesses right of abode (see Right of abode in Macau
In Macau immigration law, the right of abode (, pt, Direito de Residência) entitles a person to live and work without any restrictions or conditions of stay. Individuals with this right are called permanent residents. Foreign nationals may acq ...
).[ Article 1.]
* : Any child born to parents with Taiwanese
Taiwanese may refer to:
* Taiwanese language, another name for Taiwanese Hokkien
* Something from or related to Taiwan ( Formosa)
* Taiwanese aborigines, the indigenous people of Taiwan
* Han Taiwanese, the Han people of Taiwan
* Taiwanese people, ...
citizenship, even those living abroad, can acquire Taiwanese nationality at birth. Children born in Taiwan to stateless parents or have unknown parentage are considered Taiwanese nationals at birth (see Taiwanese nationality law
Taiwanese nationality law details the conditions in which a person is a Nationality, national of the Taiwan, Republic of China (ROC), commonly known as Taiwan. Foreign nationals may naturalize if they are permanent residents in any part of the ...
).
* : Thailand operated a system of pure ''jus soli'' prior to 1972. Due to illegal immigration from Burma, the Nationality Act was amended to require that both parents be legally resident and domiciled in Thailand for at least five years for their child to be granted Thai citizenship at birth. Furthermore, someone who has Thai citizenship by sole virtue of ''jus soli'' may be stripped of Thai citizenship under various conditions (such as living abroad), which does not apply to people who have Thai citizenship by virtue of ''jus sanguinis''.
* : Article 976(4) of the Civil Code of Iran grants citizenship at birth to persons born in Iran of foreign parents if one or both of the parents were themselves born in Iran. See Iranian nationality law
Iranian nationality law contains principles of both '' jus sanguinis'' and ''jus soli''.
The full nationality law is defined in Book 2 of the Civil Code of Iran, Articles 976 through 991.
Definition of Iranian nationals
Article 976 of the Civi ...
.
* : Children born in Israel who have never acquired another citizenship are eligible to apply for Israeli citizenship between their 18th and 21st birthday if they have lived in Israel for over 5 years (see Israeli citizenship law
Israeli citizenship law details the conditions by which a person holds citizenship of Israel. The two primary pieces of legislation governing these requirements are the 1950 Law of Return and 1952 Citizenship Law.
Every Jew in the world has ...
).
Europe
* : Children born in France (including overseas territories
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or an ...
) to at least one parent who is either (i) a French citizen or (ii) born in France, automatically acquire French citizenship at birth. Children born to foreign parents who do not fulfil either of these two conditions may acquire citizenship from age 13 subject to residence conditions (see French nationality law
French nationality law is historically based on the principles of ''jus soli'' (Latin for "right of soil") and '' jus sanguinis'', according to Ernest Renan's definition, in opposition to the German definition of nationality, ''jus sanguinis'' ...
). A child born in France to foreign parents becomes a French citizen automatically upon turning 18, provided that they reside in France on their 18th birthday and have had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.
* : prior to 2000 Germany's nationality law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
was based entirely on ''jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'', but now children born in Germany on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent has a permanent residence permit (and had this status for at least three years) and resided in Germany for at least eight years prior to the child's birth. However, ''jus soli'' citizens will lose their German citizenship upon turning 23 unless they: (i) reside in Germany for at least 8 years during their first 21 years of life; or (ii) attend school in Germany for at least 6 years; or (iii) graduate from high school/college in Germany; or (iv) complete professional/vocational training in Germany.
* Greece
Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
: Apart from regulations in past and historic nationality laws of Greece granting nationality ''jus soli'', Greek Nationality Code of 2004 states that "A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality". Additionally, as from 2015's amendment of 2004 Cod (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents, shall acquire the right of Greek nationality with a combination of preliminary school attendance and parents' legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence). One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.
* : On 1 January 2005, the law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in Ireland or in Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers) (see Irish nationality law
Irish nationality law details the conditions by which a person is a national of the Republic of Ireland. The primary law governing these regulations is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Reg ...
). The amendment was prompted by the case of Man Chen, a Chinese woman living in mainland United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
who travelled to Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
(Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the island of Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
was automatically granted Irish citizenship. The Chinese parents used their daughter's Irish (and thereby European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
) citizenship to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted ''jus soli''. (see Irish nationality law
Irish nationality law details the conditions by which a person is a national of the Republic of Ireland. The primary law governing these regulations is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Reg ...
).
* : The law that regulates this right is n. 91 of 05.02.1992. Article 4 paragraph 2 grants this possibility to a person born in Italy, who has legally resided there without interruption until reaching the age of majority, and becomes a citizen if he declares that he wishes to acquire Italian citizenship within one year from the aforementioned date. You can make use of this right by submitting a simple declaration of will to the Civil Status Office of your municipality of residence. It is important to know that the Municipality of belonging is required, according to article 33 of Law 98/2013, to inform foreign citizens, during the 6 months preceding the age of 18, of the possibility of applying for Italian citizenship by the age of nineteen. In the absence of such communication, the request can be made even after the age of 19. In the event that, despite having been born in Italy, one has not had continuous residence from birth, but has resided in Italy for at least three years, at the age of 18, the application can be presented at the Prefecture with all the necessary documentation. Furthermore, in application of art. 1 of the same law and which aims to prevent statelessness, in Italy the ius soli is applied in other cases: - by birth in Italy of unknown or stateless parents; - by birth on Italian territory of foreign parents unable to transmit their citizenship to the subject according to the law of the country of origin; - the child of unknown persons found in the territory of the Republic is considered a citizen by birth, if the possession of another citizenship is not proven.
* : A person born in Luxembourg is automatically a Luxembourg citizen if at least one of their parents was also born in Luxembourg. Additionally, a person born in Luxembourg to foreign, non-Luxembourg-born parents can become a Luxembourg citizen from the age of 12 if they have resided uninterrupted in Luxembourg for at least 5 years immediately prior to submitting the application, and if at least one of their parents lived in Luxembourg uninterrupted for at least 12 months immediately preceding their birth. Furthermore, a person born in Luxembourg to foreign, non-Luxembourg-born parents gains Luxembourg citizenship automatically upon reaching the age of 18, provided that they have lived uninterrupted in Luxembourg for the preceding 5 years and at least one of their parents lived uninterrupted in Luxembourg for at least 12 months immediately preceding their birth.
* : A child born in Portuguese territory to who does not possess another nationality is a Portuguese citizen. Also, a person born to foreign parents who were not serving their respective States at the time of birth is a Portuguese citizen if the person declares that they want to be Portuguese and provided that one of the parents has legally resided in Portugal for at least two years at the time of birth.
* : A child born in Spain to foreign parents may acquire Spanish citizenship ''jus soli'' under certain conditions, for example, if either one of the parents was also born in Spain or if neither of the parents can transmit their nationality to the child (such as stateless parents)
* : A child born on the territory of Ukraine may acquire Ukrainian citizenship ''jus soli'', if it does not acquire foreign nationality by ''jus sanguinis'' from parents, or if parents have been granted refugee or asylum status in Ukraine, or if the child is stateless or of unknown nationality (se
Ukrainian citizenship law, articles 6 and 7
.
* : Since 1 January 1983, at least one parent must be a British citizen or be legally "settled" in the country or upon the 10th birthday of the child regardless of their parent's citizenship status (see British nationality law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
).
* : A person born in Malta on or after 1 August 2001 is automatically a Maltese citizen if at least one of their parents is Maltese or was born in Malta. Anyone born in Malta before 1 August 2001, regardless of their parents' circumstances, is automatically a Maltese citizen, as the country conferred unconditional ''jus soli'' until this date (see Maltese nationality law
Maltese nationality law details the conditions by which a person is a national of Malta. The primary law governing nationality regulations is the Maltese Citizenship Act, which came into force on 21 September 1964. Malta is a member state of ...
).
Oceania
* : Since 20 August 1986, a person born in Australia acquires Australian citizenship by birth only if at least one parent was an Australian citizen or permanent resident; or else after living the first ten years of their life in Australia, regardless of their parents' citizenship status (see Australian nationality law
Australian nationality law details the conditions in which a person holds Australian legal nationality. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applic ...
).
*
* : Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see New Zealand nationality law
New Zealand nationality law details the conditions by which a person holds New Zealand nationality. The primary law governing nationality requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to t ...
), or if to prevent being stateless.
* (): As mentioned above, people born in American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
do not acquire U.S. citizenship at birth, unless one of their parents is a U.S. citizen.
Abolition
Some countries that formerly observed ''jus soli'' have moved to abolish it entirely, conferring citizenship on children born in the country only if at least one of the parents is a citizen of that country.
* Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
: Changed the principle of citizenship to ''jus sanguinis'' on 1 August 1989 in a move that also relaxed restrictions against multiple citizenship
Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on t ...
. However, anyone born in Malta before 1 August 2001 falls under unconditional ''jus soli'' and is a Maltese citizen.
See also
* Birth tourism
Birth tourism is the practice of traveling to another country for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship (''jus soli''). Such ...
* Birthright citizenship in the United States
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one ...
* History of citizenship
History of citizenship describes the changing relation between an individual and the state, known as citizenship. Citizenship is generally identified not as an aspect of Eastern civilization but of Western civilization. There is a general view tha ...
* ''Jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
''
* Nationality law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
Explanatory notes
References
{{Social class
*
Birthplaces
Citizenship
Common law rules
Human migration
Legal rules with Latin names
Republicanism