German citizenship by descent: Section 5, Section 30 or Section 14 StAG?

Lawyer Helmer Tieben, Cologne · As of: September 2026

Anyone living abroad with German ancestors will encounter three procedures at the Federal Office of Administration (BVA): the determination of German citizenship pursuant to Section 30 of the Nationality Act (StAG), the acquisition of citizenship by declaration pursuant to Section 5 StAG, and naturalisation from abroad pursuant to § 14 StAG. The forms are similar. Legally, however, the procedures answer different questions.

Which procedure comes into consideration depends on verifiable facts: on birth, marriage, and naturalisation dates in each generation and on the version of the law that was in force at the respective time. This article compares the three paths, proposes an order of examination, and uses simplified examples to show at which points the classification becomes difficult.

The article is aimed at people with their habitual residence abroad. The BVA is generally responsible for them. Anyone living in Germany should contact their local nationality authority.

Comparison of the three methods

Declaration (§ 30 StAG) determines conclusively whether someone holds German citizenship. It does not make anyone German, but rather confirms an existing status.

Acquisition of citizenship by declaration (§ 5 StAG) is a legal entitlement for persons who did not become German or who lost their citizenship due to former gender-discriminatory regulations, as well as for their descendants.

Naturalisation from abroad (Section 14 StAG) This is a discretionary decision by the authority. There is no legal entitlement to it.

In none of the three procedures does German law require the relinquishment of another nationality. Whether you keep it is determined solely by the law of the other state.

Alongside these three paths, there are others that must be examined in advance: reparation naturalisation for people affected by National Socialist persecution measures and their descendants (Article 116(2) of the Basic Law (GG), Section 15 of the Nationality Act (StAG)) as well as the naturalisation of former Germans to § 13 Nationality Act.

In which order to check?

The approaches are not mutually exclusive in every case, but build logically upon one another. The following order has proven effective:

1. reparations for Nazi injustice. Article 116(2) of the Basic Law (GG) concerns persons who were deprived of their German citizenship between 30 January 1933 and 8 May 1945 for political, racial or religious reasons, and their descendants. Section 15 of the Nationality Act (StAG) goes significantly further. It covers people who, in connection with such persecution measures
   • have renounced or lost German citizenship before 26 February 1955, for example through naturalisation abroad, release or marriage to a foreign national;
   • were excluded from statutory acquisition by marriage, legitimation or collective naturalisation;
   • were not naturalised despite having applied, or were excluded from otherwise possible naturalisation;
   • have given up or lost their ordinary residence in Germany, which had been established even before 30 January 1933 (in the case of children, also one established later).

   This claim also applies to descendants in each case. These pathways come first because their own rules apply to them; for instance, the generation cut-off in section 4(4) of the Nationality Act (StAG) does not apply to them. If there is any evidence of persecution or persecution-related emigration in the family history, this should be examined before any other application.

2. Current nationality. If citizenship was effectively passed down to you and still exists, nothing needs to be acquired. Then it is a matter of establishing citizenship under Section 30.
3. acquisition of explanation. If the interruption is based on one of the gender-discriminating rules mentioned in § 5 and the person concerned was born after 23 May 1949, § 5 may apply.
4. Naturalisation of former Germans. Those who were themselves formerly German can be naturalised together with their minor children under Section 13. Section 13 does not apply to later generations who were never German.
5. Honorary citizenship. If none of these routes work, naturalisation under Section 14 may need to be considered. German ancestors alone do not provide a realistic prospect of this. For certain descendants born before 1949, the decree on descent issued by the Federal Ministry of the Interior applies.

As a working aid, a chronology is recommended. Create a row for each generation: date of birth, marital status of the parents, German parent, any naturalisation abroad with date and type of acquisition, as well as the available evidence.

§ 30 StAG: Determination of existing citizenship

Purpose and prerequisites

In the citizenship determination procedure, the BVA determines when and how someone acquired German citizenship and whether they still hold it today. If this is the case, it issues a certificate of nationality. This is issued for an indefinite period.

The procedure is not limited to an unbroken chain of descent. It also clarifies the status of persons who have, for example, lost their citizenship and later reacquired it.

A legitimate interest is a prerequisite. Pursuant to Section 30(1) of the Nationality Act (StAG) in the version in force since 20 August 2021, the existence or non-existence of German citizenship is established upon application if a legitimate interest is credibly demonstrated. According to the explanatory memorandum to the Act, this is generally the case if German citizenship is in doubt or if a German or foreign authority requests documentary proof (BT-Drucksache 19/28674). Therefore, please describe specifically in your application why you require the determination, for example in order to obtain your first German passport after a long stay abroad, and enclose a corresponding letter from the requesting authority if you have one.

For the proof, pursuant to Section 30(2) of the Nationality Act (StAG), it is sufficient if certificates, extracts from population registers or other written evidence establish the acquisition and continued existence of citizenship with a reasonable degree of probability. A complete sequence of certificates is helpful, but not mandatory in every case.

Acquisition by descent: What applied when?

• Children born within marriage. Until 31 December 1974, they generally only acquired citizenship from a German father. Since 1 January 1975, one German parent, whether father or mother, is sufficient.
• Children born outside of marriage. You acquired citizenship from your German mother. You only acquire it from a German father at birth from 1 July 1993 onwards. The prerequisite is acknowledgement or determination of paternity that is valid under German law; the acknowledgement must have been declared or the determination procedure initiated before the child turned 23 years old.
• Statement dating from the years 1975 to 1977. Legitimate children of German mothers and foreign fathers who were born before 1975 and were therefore excluded from acquiring citizenship at birth could acquire citizenship for a limited period of three years by means of a declaration. This option did not apply to those born up to 31 March 1953. If the declaration was submitted at that time, the person has been German since then and Section 30 is the appropriate route.
• generational gap. Since 2000, a child born abroad generally does not acquire citizenship by birth if the German parent was born abroad after 31 December 1999 and has their habitual residence there. This does not apply if the child would otherwise become stateless or if an application to register the birth in the German birth register is submitted within one year of the birth; timely receipt by the diplomatic or consular representation also suffices. If both parents are German, this legal consequence only applies if both fulfil the conditions. This concerns a non-acquisition at birth, not the loss of an existing citizenship.

Reasons for loss in earlier generations

The following overview is not exhaustive, but it covers the offences that most frequently play a role in emigrant families.

• Acquisition of a foreign nationality by application. Before 27 June 2024, German citizenship was regularly lost as a result, unless a retention permit had been granted beforehand. The legal situation has changed several times:
  • By 31 December 1999: The loss mainly affected Germans without a residence or habitual abode in Germany.
  • 1st January 2000 to 27th August 2007: The loss occurred regardless of whether there was a residence in Germany.
  • From 28 August 2007: No more loss upon acquiring the citizenship of an EU member state or Switzerland; a retention permit was not required for this. For other states, loss without a permit remained the case.
  • From 27 June 2024: The acquisition of a foreign citizenship upon application no longer generally leads to loss. The new regulation is not retroactive; previous losses remain in effect.

  If the foreign nationality was acquired not by application, but by operation of law, no loss occurred. Children who were born before the naturalisation of the parent regularly acquired German citizenship. Whether a minor child subsequently lost it together with the parent depends on the manner of their own acquisition: A loss could be considered if the foreign nationality was acquired upon an application by the legal representative, and even then only under additional statutory conditions. An automatic extension of the naturalisation to the child generally did not lead to loss.

• Marriage of a German woman to a foreign national. In the case of a marriage before 23 May 1949, the loss occurred even if the woman became stateless as a result. In the case of a marriage between 23 May 1949 and 31 March 1953, she only lost her citizenship if she did not become stateless, meaning that she generally acquired her husband's citizenship. Since 1 April 1953, marriage is no longer a ground for loss of citizenship.
• Legitimation by a foreign father. Illegitimate children of German mothers previously lost their citizenship if the parents subsequently married. In a judgment of 29 November 2006 (ref. 5 C 5.05), the Federal Administrative Court ruled that these loss provisions are no longer to be applied retrospectively from 1 April 1953. Anyone who was legitimated after 31 March 1953 therefore did not lose their citizenship; for such a person, § 30 rather than § 5 may be the correct route.
• Adoption by foreign parents. From 1 January 1977 to 26 June 2024, a German child could lose their citizenship if they were adopted by foreign parents and acquired their citizenship in the process. Children adopted before 1977 generally did not lose it. Since 27 June 2024, adoption is no longer a ground for loss; this amendment is also not retroactive.
• Extended period living abroad before 1914. Under the Nationality Act of 1870, which remained in force until the end of 1913, Germans could lose their nationality under certain circumstances through an uninterrupted ten-year residence abroad. For families who emigrated before the turn of the century, this point should be checked at an early stage.

§ 5 StAG: Acquisition of citizenship by declaration

Background

The former Reich and Nationality Act long tied the passing on of nationality to the father and disadvantaged women upon marriage to foreigners. Earlier corrections remained patchy. With the Fourth Act amending the Nationality Act, which entered into force on 20 August 2021, a ten-year right of declaration was created. It applies to persons born after 23 May 1949 and to their descendants. You can find more on individual questions in our Guide to acquiring citizenship by declaration pursuant to Section 5 of the Nationality Act (StAG).

The assessment is carried out in two steps: Do you belong to an eligible group? And is there a statutory ground for exclusion?

Step 1: Do you belong to an eligible group?

1. Children of a German parent who did not become German by birth. These are children of a German mother and a foreign father born in wedlock before 1 January 1975, as well as children of a German father and a foreign mother born out of wedlock before 1 July 1993. In the case of a German father not married to the mother, the following also applies: the paternity must have been effectively recognised or established under German law, and the recognition must have been declared before the child's 23rd birthday or the establishment procedure must have been initiated by that time.
2. Children of a mother who lost her German citizenship before their birth through marriage to a foreigner. The loss must have occurred before 1 April 1953. Whether it occurred depends on the date of marriage (see reasons for loss above).
3. Children who have lost their birth citizenship through legitimation. According to the case law of the Federal Administrative Court, this only concerns legitimations prior to 1 April 1953.
4. Descendants of the people from groups 1 to 3.

In addition, the declaration may be made by persons who, under the same conditions, did not acquire or have lost the legal status of a German within the meaning of Article 116(1) of the Basic Law (GG).

Step 2: Is there a statutory ground for exclusion?

• Subsequent acquisition and renewed loss. Anyone who acquired German nationality after birth or after losing it, for example through naturalisation, and subsequently lost it again, for example by renunciation or the acquisition of a foreign nationality, cannot make the declaration. This also applies to children born or adopted thereafter.
• Income opportunity after the generation cut. Those who could have acquired citizenship by submitting a timely application for registration of birth, but did not acquire it, or who are still able to acquire it in this way, are not entitled to a declaration.
• Offences. Any person shall be excluded who has been finally convicted of one or more intentional criminal offences and sentenced to a term of imprisonment or a youth sentence of two years or more; or where preventive detention was ordered in connection with their most recent final conviction; or where there are grounds for exclusion under Section 11 of the StAG.

Separate from this is the question of whether the disadvantage is actually based on one of the rules mentioned in § 5. If citizenship was lost in one line for another reason, such as through the naturalisation of an ancestor abroad, this loss cannot be compensated for via § 5. However, this does not rule out a claim via another family line, for example through the mother instead of the father.

Legal consequences, deadline and costs

Section 5 does not require any knowledge of German, a naturalisation test, residency in Germany, or proof of livelihood.

Provided that all the requirements are met and the declaration is valid, citizenship is acquired upon receipt of the declaration by the Federal Office for Migration and Refugees (BVA), regardless of the duration of the procedure. The certificate issued subsequently confirms the date of acquisition. Merely submitting the form does not, therefore, confer citizenship. However, the processing time does not affect the date of acquisition, but rather the proof you may need, for example, to obtain a German passport.

Receipt by the Federal Office of Administration in good time. Persons with their habitual residence abroad can submit the declaration directly to the BVA or to the competent foreign mission, which will forward it to the BVA. According to the BVA information sheet, for the deadline and for acquisition, solely the date of receipt at the Federal Office of Administration is decisive. Declarations received there after 19 August 2031 will no longer result in acquisition. Anyone submitting via a foreign mission should therefore allow sufficient lead time for the forwarding process. The declaration cannot be validly submitted by email.

A separate statement for each person. Each family member who wishes to acquire citizenship must submit their own declaration using the BVA form. A parent’s declaration does not automatically cover their children. Anyone aged 16 or over acts on their own behalf in the citizenship procedure and signs the form themselves. For children under 16, all legal representatives must sign. The forms must be completed in German; the BVA provides English translation guides.

Criminal record certificate. Along with the declaration, a current original police clearance certificate or extract from the criminal record of the country of residence must be submitted. It must not be older than six months and must cover the entire country, not just individual federal states or provinces. According to the BVA information sheet, anyone living in the USA requires an FBI record check. Some diplomatic missions require a clearance certificate even for young people aged 14 and over and additionally for former countries of residence; please clarify the requirements for your country of residence in advance.

Pursuant to Section 38(3)(4) of the German Nationality Act (StAG), the application for a declaration is free of charge; you are responsible for the costs of documents, translations, certifications and criminal record certificates.

Anyone born before 24 May 1949 cannot acquire citizenship under Section 5. For these individuals and their descendants, naturalisation under Section 14 in conjunction with the Descent Decree may be an option.

Section 13 and Section 14 StAG: Naturalisation from abroad

Section 13 StAG: Naturalisation of former Germans

A former German national and their minor children who are habitually resident abroad may be naturalised upon application, provided that their identity and nationality have been established and the conditions set out in Section 8(1)(1) and (2) of the German Nationality Act (StAG) are met. This, too, is a discretionary decision. Section 13 does not apply to adult descendants who have never themselves held German nationality. Details are explained in our Commentary on Section 13 of the StAG.

§ 14 StAG: General requirements

According to the Federal Office for Administration (BVA), the naturalisation of a person whose habitual residence is abroad is an exception and is at the discretion of the BVA. There is no legal entitlement to it. According to the BVA’s guidance, the following conditions must generally be met, although exceptions may apply in individual cases:

• Public interest: Naturalisation must also be in Germany's interest.
• Ties to Germany in several respects: such as long-standing close contact with relatives and friends, extended or regular stays, or property ownership in Germany.
• Ability to pay maintenance The family’s livelihood in their country of residence without state assistance, including cover for illness, long-term care, incapacity to work and old age.
• German language skills: usually at B1 level, both spoken and written.
• Immunity and civic knowledge: Anyone who did not grow up in Germany may have to take a naturalisation test.

The Descent Decree of 30 August 2019

Following information from German diplomatic missions abroad, the Federal Ministry of the Interior issued a decree on 30 August 2019 (known as the descent decree) expanding the scope of those eligible for naturalisation under Section 14. This covers legitimate children of German mothers and foreign fathers born before the Basic Law came into force, as well as illegitimate children of German fathers and foreign mothers who did not acquire German citizenship under the law applicable at the time, and their descendants. The diplomatic missions also mention those born before 23 May 1949 whose German parent lost their citizenship prior to their birth due to gender-discriminatory provisions.

The language proficiency requirements for this category have been lowered to level B1. This option is only available until the generational cut-off point as set out in Section 4(4) of the Naturalisation Act (StAG). According to information from diplomatic missions abroad, applicants under Section 14 must sit a naturalisation test.

A separate criterion, modified compared to general discretionary naturalisation, therefore applies to these descendants. Which further requirements apply in individual cases follows from the decree and information sheets of the BVA and should be clarified before submitting an application. A distinction must be made between these and the decree regulations for descendants of Nazi victims, which have now largely been supplemented by the statutory claim under Section 15 of the Nationality Act (StAG). Read more about this in our Guide to Section 14 of the Nationality Act (StAG).

Effectiveness and costs

Citizenship is acquired upon receipt of the certificate of naturalisation, usually from the relevant diplomatic mission abroad. The fee is 255 euros. For a minor child who is naturalised together with a parent and has no income of their own, the fee is reduced to 51 euros. In the event of an application being refused, adults are charged between 25 and 255 euros.

Five simplified constellations

The examples describe patterns, not real cases. Even a single differing detail can change the outcome.

1. German mother, foreign father, married, birth 1968

Under the law at the time, the child generally did not acquire German citizenship by birth. They may be eligible to make a declaration pursuant to section 5(1) no. 1, as may their descendants, provided no grounds for exclusion apply. The situation is different if the declaration in question was submitted for the child between 1975 and 1977. In that case, they have been German since then, and section 30 must be examined.

2. Same family, born 1976

Since 1 January 1975, German mothers also pass on their citizenship to children born in wedlock. The child acquired it by birth; Section 30 is relevant. It remains to be examined whether a ground for loss subsequently occurred, such as the acquisition of another citizenship upon application before 27 June 2024.

3. German father, not married to the mother, birth 1985

Illegitimate children of German fathers born before 1 July 1993 did not acquire German citizenship by birth. However, Section 5(1) no. 1 only applies if paternity has been effectively recognised or established under German law and the recognition was declared before the 23rd birthday or the establishment proceedings were initiated by then. For a person born in 1985, this step must therefore have taken place before their 23rd birthday in 2008. The priority is therefore to find evidence of an earlier recognition or an earlier procedure. Whether a recognition made abroad is effective under German law is a separate legal question.

German grandmother marries a Brazilian in 1950, mother is born in wedlock in 1952

Whether the grandmother lost her nationality through the marriage cannot be answered from these details alone. In the case of a marriage between 23 May 1949 and 31 March 1953, it depends on whether she would have become stateless as a result. If she acquired her husband's nationality, the loss occurred; the mother may then be eligible under Section 5(1) no. 2. If the grandmother did not lose German nationality, the mother, as a legitimate child of a German mother and a foreign father born before 1975, was excluded from acquiring it at birth; in that case, Section 5(1) no. 1 comes into consideration. In both scenarios, the mother's descendants may also be eligible. The decisive proof concerns the grandmother's nationality status after the marriage.

5. Great-grandfather emigrates in 1923, is naturalised upon application in 1930, grandfather is born in 1932

When the grandfather was born, the great-grandfather was no longer German. The grandfather did not acquire citizenship, and the reason is not discriminatory based on sex. Sections 30 and 5 therefore do not apply; Section 13 is ruled out because the grandfather and his descendants were never German. Naturalisation under Section 14 can be considered, but requires the conditions specified therein to be met. German descent alone does not establish a prospect of success. Had the grandfather been born before 1930, he would have acquired citizenship by birth. It would then depend on whether he lost it upon his father's naturalisation, and that depends on the manner in which he himself acquired the foreign citizenship.

Documents and missing certificates

What is typically required

• Own identity: current passports or identity documents of all nationalities.
• Birth certificates for each generation up to the German ancestor, if possible with the details of both parents.
• Marriage certificates of the parents and grandparents. In the case of women who married a foreign national before 1 April 1953, additional evidence regarding their nationality status after the marriage.
• Evidence of paternity in the case of a birth out of wedlock, including the date of acknowledgement or the initiation of affiliation proceedings.
• Proof of the ancestor's German citizenship: such as old passports, certificates of nationality, citizenship certificates or extracts from the register of residents.
• naturalisation documents of the receiving state, including the date and type of acquisition, or evidence that no naturalisation took place.
• criminal record certificate of the host country for each declarant, where required (details in the section on § 5).
• Form: The BVA generally requires proofs in the original or as officially or notarised certified copies. The forms are to be completed in German.
• Translations: Whether and in what form a translation is necessary depends on the language and the document. The BVA information sheet on the acquisition of declarations generally requires translations by sworn translators for foreign-language documents; however, German foreign missions point out, for example, that English-language certificates do not require a translation. The current BVA information sheet and the instructions of the foreign mission responsible for you are decisive.
• A separate sentence for each person: If several family members apply, each person needs their own forms and personal documents. Documents relating to common ancestors do not necessarily have to be submitted multiple times if the BVA can retrieve them from a related proceeding.

If a document cannot be found

The research for documents is the responsibility of the applicants; the diplomatic missions do not carry it out. Possible sources are civil status offices and parish registers, city and state archives with registration offices or emigration lists, naturalisation files of the receiving country, and passenger lists.

If a certificate can demonstrably no longer be procured, that is not necessarily the end of the procedure. For the determination, pursuant to Section 30(2) of the Nationality Act (StAG), other written evidence is also sufficient if it demonstrates acquisition and continued existence with a sufficient degree of probability. Document which offices you have contacted and enclose negative replies from archives. If a relative with the same ancestors has already gone through a procedure with the Federal Office of Administration (BVA), their documents may be able to be used under certain circumstances.

Amendments during the proceedings

• Removal Notify the BVA of a new address, quoting the reference number. If you move your residence to Germany, the BVA is no longer responsible; the documents will be forwarded to the nationality authority at your new place of residence.
• Several proceedings: If another nationality procedure, such as a determination or naturalisation, is already underway at the BVA, certain enclosures do not need to be submitted again. Always quote existing file numbers.

BVA Statistics: As of 30 June 2026

Frequently asked questions

Do I have to give up my previous nationality?

Not under German law, neither upon acquisition by declaration nor upon naturalisation. Whether you retain your previous nationality depends exclusively on the law of the other state. Enquire with the authorities there before submitting your application; the BVA does not advise on foreign law.

Do I need to speak German to acquire a declaration under Section 5?

No. Section 5 StAG does not contain a language requirement or a naturalisation test. This distinguishes it from naturalisation under Section 14, which as a rule requires knowledge at B1 level, even according to the descent decree.

What applies if my Section 5 declaration is only processed after 19 August 2031?

For the deadline, what matters is that the declaration has been received by the BVA by 19 August 2031, not the decision. This also applies if you submit the declaration via a foreign mission: the decisive factor is the date of receipt in Cologne. If the requirements are met, citizenship is deemed to have been acquired as of the date of receipt, and the certificate confirms this date. Therefore, ensure traceable and timely receipt for each family member with a separate declaration.

Do I need a certificate of citizenship before getting a German passport?

Not necessarily. According to the BVA, valid German identity documents or an expired certificate of citizenship are sufficient for many administrative matters. Check with the German diplomatic mission in advance whether a current identity card or passport is actually required. Following acquisition by declaration, the certificate of acquisition serves as proof.

When legal advice is sensible

Clear constellations with complete certificates spanning one or two generations can often be applied for without legal assistance; the BVA provides the forms and requests missing documents subsequently. A legal review prior to application is worthwhile above all when multiple generations or emigration before 1914 need to be assessed, when naturalisation abroad occurred close in time to a birth, when marriage or paternity proofs are missing, or when an application has been rejected. Authoritative for legal remedies is the notice on legal remedies in the respective decision.

An initial orientation is provided by our Nationality check. For an examination of your documents, you can contact the Law office of solicitor Helmer Tieben in Cologne turn.

Sources

• Nationality Act (StAG), in particular sections 4, 5, 8, 13, 14, 30, 38: gesetze-im-internet.de/stag
• Federal Office of Administration Acquisition of citizenship by declaration under § 5 of the Nationality Act (StAG), Determination of German citizenship, Naturalisation according to § 14 StAG as well as the respective fees pages
• Foreign Office Nationality law; German missions in the USA: Persons who have never possessed German citizenship; Notes from the German missions abroad on the loss of German citizenship, e.g. Embassy of London
• Federal Office of Administration Modernisation of nationality law has come into force; Acquisition of declaration – submit a declaration as well as the information sheet on acquiring German citizenship by declaration
• Information from German diplomatic missions abroad regarding loss of nationality through acquisition of an EU or Swiss nationality on or after 28.08.2007, e.g. German diplomatic missions in France, and for the acquisition of explanations, e.g. German missions in Brazil
• BT-Drucksache 19/28674 (Explanatory Memorandum to Section 30(1) StAG new version)
• Federal Administrative Court, judgment of 29.11.2006, docket no. 5 C 5.05
• Federal Council, printed matter 249/21 (Explanatory memorandum to the Fourth Act to Amend the Nationality Act)
• BVA labour statistics and FOI decision dated 06.08.2026, see data box