Naturalisation: § 5 StAG Acquisition of German citizenship by declaration

Persons born after the Basic Law came into force, i.e. after 23 May 1949, have been able to acquire German citizenship by declaration in accordance with Section 5 StAG since 20 August 2021.

This means that people who have been denied the opportunity to acquire German citizenship due to gender discrimination in nationality law will now also be able to do so.

The most important facts in 12 lines

• The acquisition of a declaration in accordance with § 5 StAG has existed since 20.08.2021.

• Only persons who after 23 May 1949 were born.

• There are four case groups(1) Child of a German parent without acquisition by birth, (2) Child of a mother with loss of marriage before birth, (3) Loss through legitimisation, (4) Descendants.

• Several key dates are relevant, in particular 01.04.1953, 01.01.1975, 01.07.1993.

• The declaration must be submitted no later than until 19.08.2031 effectively received (the decisive factor is the Entrance).

• For persons with their habitual residence abroad, the Federal Office of Administration (BVA) responsible.

• You acquire citizenship upon receipt of the declaration with the competent authority (not only when the certificate is issued).

• There are Reasons for exclusion, including serious criminal offences, extremist activities and certain cases of subsequent acquisition/loss.

• § 5 StAG is No naturalisation „as usual“, but a special way of making amends.

• Multiple nationality is generally not permitted in the case of permissible; Whether your other nationality is affected is decided by the law of your home country.

• Since 27.06.2024 In principle, multiple nationality is also accepted for regular naturalisation in Germany; in addition, the former retention permit has been abolished.

• Since 30.10.2025 There is no longer any „turbo naturalisation“ after three years; naturalisation as an entitlement generally requires at least five years ahead.

1) What does „acquisition of declaration“ according to § 5 StAG mean?

The acquisition of citizenship by declaration in accordance with Section 5 StAG is a special legal approach that corrects a previous legal situation that is now regarded as unequal and discriminatory. For decades, nationality law treated certain family constellations differently - in particular depending on whether the German parent is the mother or the father was and whether the child marital or non-marital was born.

§ Section 5 StAG is intended to give these affected persons (and their descendants) the opportunity, without integration test and without residence in Germany acquire German citizenship - simply by making a declaration to the competent authority if the legal requirements are met.

Important: The acquisition of a declaration is not an „automatic“ cure. It is a Active procedure, which requires proper documentation.

2) For whom is § 5 StAG particularly relevant - and why abroad?

§ In practice, Section 5 StAG very often affects families who have been living abroad for decades - for example in the USA or Israel - and where German ancestors are present, but an acquisition by birth was legally excluded in the past.

Typical starting positions abroad:

• Emigration after 1945, marriages with foreign spouses

• illegitimate births with a German father (before the cut-off date of 1 July 1993)

• Families with a German mother and foreign father with children born before 1975

• Unclear or incomplete documents, name changes (USA), different document and register systems

Precisely because documents are often missing abroad or legal issues are passed down „through generations“, Section 5 of the German Citizenship Act is often the decisive key.

3) The four case groups of § 5 StAG - understandable and verifiable

Essentially, Section 5 StAG asks: Do you belong to a legally favoured group and can you prove this?

Case group 1: Child of a German parent - but no acquisition by birth

You are a beneficiary if you are the child of a German parent, but German citizenship was not recognised under the law of the time. not could acquire by birth.

Practically especially often:

• Marital birth before 01.01.1975German mother + foreign father

• Non-marital birth before 01.07.1993German father + foreign mother

Mnemonic: In the past, the mother could not „bequeath“ in certain constellations, and the father could often not „bequeath“ in the case of illegitimate births. § Section 5 StAG now compensates for this.

Case group 2: Mother lost German citizenship before birth through marriage (until 1 April 1953)

You are a beneficiary if your mother has lost her German citizenship. before your birth solely through marriage to a foreigner - during the period in which this result was provided for by law (cut-off date 01.04.1953).

This typically concerns the generation of the early 1950s: marriage abroad, loss of citizenship by law, later birth of the child abroad.

Case group 3: Loss through legitimisation (until 01.04.1953)

This case group is rare but important: it concerns people who German at birth but lost their German citizenship because the German mother married the foreign father after the birth and thus became legally legitimised (according to the legal situation at the time).

Important in practice: Not every case of a subsequent marriage of the parents automatically leads to a loss. The exact legal assessment depends on historical norms and the specific effectiveness of the legitimisation. These cases should be reconstructed very carefully.

Case group 4: Descendants (children, grandchildren, great-grandchildren) of case groups 1-3

You are also a beneficiary if you are a descendant of a person who falls under case groups 1 to 3.

One major advantage is that the ancestor does not have to have made the declaration themselves. Even if the parent or grandparent concerned is already deceased, the descendant may be entitled - the line of descent and the allocation to the case groups are decisive.

4) The most important key dates - as a clear watch list

This data is essential for a quick preliminary check:

• 23.05.1949: Only those who to born on this date is generally eligible.

• 01.04.1953Key date for case groups 2 and 3 (loss of marriage/legitimisation).

• 01.01.1975Key date for acquiring the birth certificate via the mother in the case of marital birth.

• 01.07.1993Key date for acquiring the birth certificate via the father in the case of a non-marital birth.

• 20.08.2021Start of the ten-year declaration period.

• 19.08.2031Latest deadline - declarations received after this date are invalid.

Practical note: The decisive factor for the deadline is not when you start or when you sign at the consulate, but when the declaration is effectively received by the competent authority.

5) Reasons for exclusion: When does § 5 StAG fail?

Even if § 5 StAG opens up a clear legal entitlement, the acquisition is not limitless. Typical areas of exclusion or problems are

1) Serious offences / security reasons

Anyone who has been sentenced to significant custodial or juvenile sentences or for whom there are special reasons for exclusion under security law may be excluded. An official examination is carried out in this case.

2) Interim acquisition and subsequent loss of German citizenship

§ Section 5 StAG is intended to correct historical discrimination, but not to „undo“ later, independent decisions to lose citizenship. Anyone who has subsequently acquired German citizenship by other means and then lost it again may be excluded under the statutory provisions - in some cases also with effects on descendants, depending on the time of birth.

3) „Generation cut“ for children born abroad

In the case of certain generations born abroad, there may be constellations in which Section 5 StAG cannot be used to „replace“ missed deadline notifications. These cases are rare, but should be carefully examined in family chains with births after 2000.

6) Jurisdiction and procedure for clients abroad (USA, Israel, worldwide)

People who live abroad usually ask themselves this question first: Where do I submit the declaration - and who decides?

Responsibility

In the case of habitual residence abroad, the Federal Office of Administration (BVA) responsible. In many cases, the German mission abroad (embassy/consulate) can assist with the submission or accept documents.

Step-by-step procedure

1. Preliminary examination of the case group (1-4) based on your family constellation

2. Document collection (identity, parentage, marital status, proof of nationality)

3. Filling out the declaration forms (if applicable with attachments to ancestors)

4. Submission (via foreign representation or directly, depending on the case)

5. Official inspection (evidence, plausibility, queries if necessary)

6. Time of acquisitionupon receipt of the declaration by the competent authority, provided that all requirements are met

7. Certificate as proof (please keep permanently)

Practical note on the deadline: Anyone working close to the deadline should plan the logistics in such a way that timely receipt is ensured.

7) Documents: What you typically need (foreign cases)

§ Section 5 StAG is a verification procedure. Many cases do not fail because of the law, but because of missing documents. Working in four document blocks has proved successful:

A) Identity and current marital status

• Passport/ID (copy)

• Birth certificate (preferably a complete/long-format copy)

• Marriage certificate, divorce decree, proof of change of name, if applicable

USA practice: Name changes often occur on marriage or in the context of naturalisation; these must be documented consistently.

B) Proof of German parent or German ancestors

• German passport/identity card (also historical)

• German birth certificates / register extracts

• old registration certificates, proof of nationality/citizenship, proof of citizenship if applicable

Important: „Born in Germany“ is not proof of citizenship. The decisive factor is the legal nationality.

C) Proof of the constellation giving rise to the claim (case groups 1-3)

• Proof of marital/non-marital birth (birth certificate, recognition of paternity if applicable, court judgement)

• Marriage certificates (especially for case groups 2 and 3)

• Proof of legitimisation and its effectiveness, if applicable

D) Extracts from criminal records (if requested or required)

In foreign cases, a nationally valid criminal record extract is often required. For persons living in the USA, nationwide information is regularly required in practice (not just national extracts).

8) Multiple nationality: What really applies in January 2026?

A) In the case of acquisition of a declaration according to § 5 StAG

The acquisition of the declaration generally requires No task your previous nationality. Whether you retain your current nationality depends on the law of the country in question.

• USA: Multiple citizenship is practically possible; an automatic loss of US citizenship through the acquisition of an additional citizenship does not generally occur for this reason alone.

• Israel: Multiple nationality is also possible in principle.

Important: German law is only one side of the coin here. The other side is governed solely by the law of your home country.

B) Differentiation from naturalisation: multiple nationality in principle since 2024

In the past, when applying for naturalisation in Germany, you often had to expect that you would have to give up your previous citizenship or that complicated exceptions would be necessary. This basic assumption no longer applies since the 2024 reform: multiple nationalities are accepted in principle.

C) Discontinuation of the retention licence since 2024

Since 2024, the previous retention authorisation has also been abolished as a rule. This is relevant for people who, as Germans abroad, wish to acquire another nationality on application without losing their German nationality.

9) Differentiation: Section 5 StAG vs. determination of nationality vs. other special procedures

Many clients abroad confuse three completely different procedures:

1) § 5 StAG (acquisition of declaration)

• They were not German (or lost it) because of discriminatory old rules

• You only acquire German citizenship by declaration (time of acquisition: receipt)

2) Determination of nationality („I am already German“)

• You do not claim acquisition, but prove that you have always been German (e.g. by descent)

• The procedure is purely a verification procedure, often for unclear documents

3) Naturalisation (in Germany or from abroad with exceptions)

• Regular integration naturalisation with residence requirements in Germany

• Only intended for foreign cases in special exceptional constellations

4) Re-acquisition for former Germans (§ 13 StAG)

• For people who used to be German and have lost their German citizenship, Section 13 StAG may play a role if there are still close ties to Germany (a different issue than Section 5, but practically relevant in cases abroad).

10) Case studies USA (practical and document-orientated)

USA case 1: Marital birth 1968 - German mother, US father

constellation: You were born in the USA in 1968. Your mother is German, your father is US-American.
Problem back then: Birth acquisition via the mother was not possible in this constellation at that time.
Today: Declaration according to § 5 StAG (case group 1).
Typical documents: US birth certificate (with parental details), marriage certificate of the parents, German proof of citizenship of the mother.

USA case 2: Non-marital birth 1982 - German father, US mother

constellation: Born in 1982, parents unmarried, father German.
Problem back then: No acquisition by birth via the father in the case of a non-marital birth before 1 July 1993.
Today: Declaration according to § 5 StAG (case group 1).
Typical documents: Birth certificate, acknowledgement of paternity or court judgement, proof of the father's nationality, proof of name.

USA case 3: Grandmother loses citizenship through marriage - grandson declares 2026

constellation: German grandmother marries a foreigner in the early 1950s and loses her German citizenship according to the legal situation at the time. The child is born afterwards and is not German; the grandson (now living in the USA) wants to declare.
Today: Case group 2 (for the child) and case group 4 (for the grandchild).
Typical documents: Marriage certificate of the grandmother (with date), proof that she was German before the marriage, birth certificate of the child, birth certificate of the grandchild, naturalisation documents if applicable.

USA case 4: Change of name through naturalisation - problems of proof

constellation: The German parent was naturalised in the USA and changed his name in the process; older German documents show a different name.
Practical problem: Identity and chain of names must be declared without any gaps.
Solution: Establish a clear chain of documents (birth certificate, marriage certificate, naturalisation certificate/name change, court order if applicable).

11) Case studies Israel (practical and document-orientated)

Israel-Case 1: Birth out of wedlock 1990 - German father, Israeli mother

constellation: Born in Israel in 1990, parents unmarried, father German.
Problem back then: No acquisition by birth via the father in the case of a non-marital birth before 1 July 1993.
Today: Declaration according to § 5 StAG (case group 1).
Document core: Proof of paternity (especially if the father was not entered in the register from the beginning), proof of the father's German citizenship.

Israel case 2: German mother - child 1972 not German by marriage - grandson declared 2026

constellation: German mother, foreign father, child born in 1972 in wedlock (not German); grandson lives in Israel and would like to declare.
Today: The child falls under case group 1; the grandchild is case group 4.
Document core: Proof of the grandmother's German nationality at the time of the child's birth and the unbroken line of descent.

Israel-Case 3: Complex civil status management (religious law, register extracts, name management)

constellation: Marriage/descent in Israel was initially documented religiously, later registered by the state; names were transcribed according to different systems.
Practical problem: Consistent transcriptions and proof of identity are crucial.
Solution: Register extracts, official translations and a plausible „name path“ (transcription explanations) are often necessary.

12) Typical errors in § 5 StAG procedures - and how to avoid them

• Key dates are categorised incorrectly (e.g. „before 1993“ or „before 1975“ not properly checked).

• Proof of paternity is missing or not clear (especially in foreign cases).

• „German ancestor“ is only claimed, not proven (place of birth ≠ nationality).

• Name and identity chain is incomplete (USA frequently).

• Deadline is underestimatedThe date of your signature is not what counts, but the timely receipt of the declaration.

• Children are „automatically included“Each family member must declare independently; children are not automatically German just because the parent later becomes German by declaration.

13) Short FAQ (for quick orientation)

Do I have to live in Germany?
No, § 5 StAG is specifically designed for foreign cases.

Do I have to speak German or take a test?
For the acquisition of a declaration, the focus is on the legal case groups and the evidence; a naturalisation test is not the central criterion here.

When am I German?
Upon receipt of the declaration by the competent authority, provided that the requirements are met.

Do I have to give up my US or Israeli citizenship?
Not from a German perspective. Whether your home country imposes consequences depends exclusively on its law.

By when do I have to act?
The declaration must be effectively received by 19 August 2031 at the latest.

14) Search guide: How to find missing evidence

Anyone invoking Section 5 StAG often has to search archives and registers. This sequence has proven to be effective:

1. German civil status register (births, marriages, deaths)

2. Registration information (residence, nationality entries, immigration/deregistration)

3. Old passport and identity documents (also copies in family documents)

4. Foreign civil status certificates (USA: vital records, Israel: register extracts)

5. Naturalisation and immigration documents (USA: NARA/USCIS, Courts)

6. Transcription and naming chains (especially with different spellings)

Especially abroad, it pays to work „backwards“: from the applicant to the parent to the grandparent - and only then build up the German official track.

Final note (Cologne / Federal Office of Administration)

This article is available as General, legal information for clients domiciled abroad (status: January 2026) and does not replace an examination of the individual case. I am Lawyer in Cologne; the Federal Office of Administration, which is responsible for many citizenship proceedings involving persons with their habitual residence abroad, has also opened its Headquarters in Cologne.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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