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THE CITIZENSHIP DESK

German Citizenship by Descent (§ 4 StAG / Restoration under Art. 116 GG)

Germany

Last verified 2026-04-20Official source

German citizenship by descent is transmitted automatically at birth to children of German citizen parents, meaning many individuals with German heritage may already be German citizens without realizing it. The key question is whether citizenship passed unbroken through each generation. Germany amended its citizenship restoration laws in 2021 and again in 2024 to make it easier for descendants of those stripped of German nationality by the Nazi regime (under Article 116 of the Basic Law) to reclaim citizenship — including descendants of Jewish families, political opponents, and others persecuted between 1933 and 1945. Germany generally does not permit dual citizenship except for EU citizens and those granted a hardship exemption, though this rule was relaxed in 2024 to allow dual citizenship in most cases under the StAG reform.

Program Details

Generation Limit
Children born in wedlock to a German citizen parent are German at birth regardless of generation; however, descent through children born out of wedlock to a German father before July 1, 1993 and children born abroad to a German parent on or after January 1, 2000 have additional requirements
Estimated Cost
$500
$8,000
Processing Time
6–24 months
Must Live in Country
No
Court Route Available
No

Application at German consulate or Standesamt involves modest fees (~€25–100). Significant costs arise from genealogical research, document authentication, certified translations, and legal advice for complex or persecution-restoration cases.

Common Barriers

  • Descent through out-of-wedlock births to a German father before July 1, 1993 is generally not recognized
  • For children born abroad to a German parent after January 1, 2000, citizenship is only passed on if the child would otherwise be stateless or if certain registration requirements are met
  • Generations born abroad may face the 'jus soli gap' for third-generation applicants
  • Persecution-era restoration (Art. 116 GG) requires proving ancestor was deprived of citizenship by the Nazi regime on political, racial, or religious grounds — documentation can be difficult to obtain

Documents Needed

  • Birth certificates for each generation in the lineage
  • Marriage certificates for each couple in the lineage
  • Evidence of German citizenship of the ancestor (birth certificate, Heimatschein, passport, or naturalization records)
  • Proof that German citizenship was not lost (e.g., no voluntary foreign naturalization)
  • Applicant's own birth certificate and passport
  • For Art. 116 GG restoration: evidence of Nazi-era persecution (Verfolgungsnachweis)
  • Certified translations of all non-German documents

Ancestry Records

Bundesverwaltungsamt (BVA) — Federal Office of Administration

MODERATE
www.bva.bund.de/EN/Services/Citizenship/citizenship_node.html

For standard descent claims (§4 StAG), applicants gather birth and marriage certificates for each generation. German Standesamt records are reliable from the mid-19th century. For Nazi-era persecution restoration claims under Art. 116(2) Basic Law, applicants additionally need evidence of ancestor's German citizenship pre-deprivation and evidence of deprivation on political, racial, or religious grounds (Verfolgungsnachweis). Documents from Yad Vashem, the Arolsen Archives, and the German Federal Archives are commonly used. Foreign documents do not require apostille for BVA submissions but must be accompanied by certified German translations.

Recent Changes

  1. The Nationality Reform Act (Gesetz zur Modernisierung des Staatsangehörigkeitsrechts) took effect on 27 June 2024. Germany now generally permits dual citizenship, reversing the previous rule that required renunciation of prior nationality in most cases. This dramatically increases the attractiveness of German citizenship by descent and Art. 116 GG restoration claims.

    source →
  2. The Second Act Amending the Basic Law Citizenship Restoration Act expanded Art. 116(2) GG eligibility to include maternal-line descendants, out-of-wedlock children of German fathers, and women who lost German citizenship by marrying a foreign national before 1953 — all previously excluded categories.

    source →

Programme FAQs

Who qualifies for citizenship restoration under Article 116(2) of the Basic Law?
Descendants of individuals who were deprived of German citizenship by the Nazi regime between 1933 and 1945 on political, racial, or religious grounds (including Jews, political opponents, Roma, and others) are eligible. Since the 2021 reform, this extends to descendants through maternal lines, out-of-wedlock children of German fathers (born before July 1993), and women who lost German citizenship by marrying a foreigner before 1953. There is no generational limit for Art. 116 GG claims.

Sources: bva.bund.debundesregierung.de

Does Germany now allow dual citizenship?
Yes, as of 27 June 2024. The Nationality Reform Act abolished the general requirement to renounce prior nationalities for most applicants. German citizens by descent and by restoration can now generally retain their original citizenship. Exceptions exist for certain countries with which Germany has specific treaty obligations.

Sources: bva.bund.de

What is §5 StAG and who does it cover?
Section 5 of the Staatsangehörigkeitsgesetz (StAG) covers illegitimate (out-of-wedlock) children of German fathers born between 23 May 1949 and 30 June 1993. Because citizenship did not pass automatically through unmarried German fathers under prior law, these individuals can now acquire German citizenship through a declaration under §5 StAG, provided they apply and meet the conditions.

Sources: bva.bund.de

Where do I apply for German citizenship by descent?
Applicants living outside Germany apply at the German Embassy or Consulate in their country of residence. The application is typically forwarded to the Staatsangehörigkeitsbehörde (citizenship authority) of the last place of registration of the German ancestor, or to the BVA (Bundesverwaltungsamt) for Art. 116 GG cases. The BVA handles most diaspora restoration cases centrally.

Sources: bva.bund.de

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