Table of contents
- Introduction
- Basic principles of nationality
- The most common country combinations and their special features
- Digital birth certificates
- Documents and formalities
- International name law
- Legal consequences of dual citizenship
- Special information for unmarried couples
- Practical checklist
- Frequently asked questions (FAQ)
Children whose parents have different nationalities are referred to as binational. Almost every third child in Germany was born into an international family in 2023. Even though this characteristic gives children the opportunity to have two nationalities, the bureaucratic process of applying for one can present challenges.
The registration of a birth is not just a formal act - it is the legal recognition of a child's existence and identity and forms the basis for many other documents and rights in life. This process is more complex for binational children, as two different legal systems have to be taken into account.
The advantages of dual nationality:
- Greater freedom of travel and residence rights in both countries
- Access to two education and healthcare systems
- Extended labor market in adulthood
- Opportunity to be rooted in two cultures
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Get marriage certificate translatedBasic principles of citizenship: how does it work?
Worldwide, there are two basic principles according to which citizenship is granted:
Place of birth principle (jus soli): Citizenship is acquired on the basis of the place of birth. This principle is particularly common in immigration countries such as the USA, Canada and many Latin American countries.
Principle of descent (jus sanguinis): Nationality is acquired by descent from nationals of the country in question. This principle is prevalent in most European countries, including Germany, as well as in many Asian countries.
The most common country combinations and their special features
Germany-USA:
Nationality of the child:
- Birth in Germany: The child acquires German citizenship by descent. US citizenship can be acquired by descent if certain requirements are met with regard to the duration of residence of the US parent in the USA.
- Birth in the USA: The child automatically acquires US citizenship through the place of birth principle. In addition, the child acquires German citizenship by descent if one parent is German.
Special feature: The USA levies taxes on its citizens for life, regardless of their place of residence.
More information on subsequent US citizenship here.
Germany-France:
Nationality of the child: The child acquires both German and French nationality by descent, regardless of the place of birth.
Special feature: There is a special regulation between France and Germany in accordance with EU Regulation 2016/1191, which does not require an apostille or legalization.
Read more about the German-French alliance.
Germany-Turkey:
Nationality of the child: The child receives German and Turkish citizenship by descent.
Cultural aspects:
- In Turkey, the family name is traditionally important and patrilineal in orientation
- Cultural and religious aspects can play a role in the naming process
- Special attention should be paid to the correct spelling of Turkish names with special characters
Germany-Russia:
Nationality of the child: The child receives both nationalities by descent.
Special features:
- The correct transliteration of names between Cyrillic and Latin script is important
- Russian naming law traditionally provides for a patronymic derived from the father's first name
Germany-Latin America (using Brazil as an example):
Nationality of the child:
- At birth in Brazil, the child automatically receives Brazilian citizenship (jus soli)
- German citizenship is acquired by descent
Special features of the naming:
- In Brazil and many Latin American countries, two surnames are traditionally given: the mother's first surname and the father's first surname
- The order of surnames differs from the Spanish tradition (in Brazil, the father's surname comes at the end)
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Have birth certificate translatedDigital birth certificates: The future of documentation
More and more countries are issuing digital birth certificates - this can significantly simplify the process for binational families. These electronic documents are secured with digital signatures and can be applied for and transmitted more quickly.
Advantages of digital birth certificates:
- Faster processing times
- Simple transmission between authorities
- Reduced risk of document loss
- Available in multiple languages in many cases
Important: Not all countries already accept digital documents for official purposes. You can find out more about digital birth certificates in our blog - Digitalbirth certificates on the rise - A practical guide
Documents and formalities: What you need to know
Basic documents required for both nationalities
The following documents are required for dual citizenship:
- Birth certificate of the child (depending on the country also with apostille)
- Passports of both parents
- Proof of habitual residence
- Birth certificates of both parents
- Marriage certificate (if available)
Country-specific document requirements
In addition to the standard documents, you will need these additional documents depending on the country:
USA:
- Proof of physical presence of the US parent in the USA (for at least 5 years, 2 of which after the age of 14)
- US tax returns from recent years
- Employment contracts or certificates of study as proof of attendance
- DS-2029 Form for the Consular Report of Birth Abroad (CRBA)
Turkey:
- Turkish family register (Nüfus)
- Form for entry in the Turkish civil status register
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Certified translations and apostille
The following documents generally require a certified translation:
- Birth certificate of the child (for the foreign authority)
- Marriage certificate (for both authorities)
- Foreign birth certificates of the parents (for German authorities)
- Acknowledgment of paternity (if applicable)
In some cases, a certified translation is not sufficient. An apostille or legalization is also required:
Apostille: A simplified form of legalization for countries that have acceded to the Hague Convention of 1961. The apostille is issued by a designated authority in the issuing country and confirms the authenticity of the document.
Legalization: For countries that are not party to the Hague Convention, legalization is required. The German diplomatic mission in the issuing country confirms the authenticity of the document. Preliminary legalization by local authorities is often necessary.
EU Regulation 2016/1191: Simplification within Europe
Within the European Union, the procedures have been significantly simplified by Regulation (EU) 2016/1191:
- Certain public documents, including birth certificates, are exempt from the legalization or apostille requirement
- Multilingual standard forms can be attached as a translation aid, which in many cases eliminates the need for certified translations
- This simplification applies to all EU Member States and considerably facilitates the free movement of public documents
International name law: Which name in which passport?
Naming rights are an important aspect of binational children. Different countries have different regulations, whereby the order of a surname, such as in Brazil, can have long-term effects on official naming and documentation.
Various naming rights systems worldwide
One-name system (e.g. Germany)
- A child is usually given a surname, which can either be the name of one of the parents or a double name
- When getting married, spouses can choose a common surname
Two-name system (e.g. Spain)
- A person has two surnames: the father's first surname and the mother's first surname
Asian naming conventions
- In many Asian countries (e.g. China, Korea, Japan), the family name comes before the first name
- In Japan, married couples must have a joint surname, with the husband's surname usually being chosen
Naming at birth and change of name
- In many countries (e.g. Germany, France), naming is subject to legal requirements, e.g. with regard to the admissibility of first names
- In countries like the USA or the UK, there is more freedom as long as the name is not offensive or misleading
- In some countries (e.g. Germany, Austria) name changes are only permitted under certain conditions, while in others (e.g. USA) they are relatively easy to carry out
Legal consequences of dual citizenship
Dual citizenship offers many advantages, but also entails legal obligations that binational families should be aware of.
Conscription and military service
In countries with compulsory military service, dual citizenship can lead to conflicts:
In Germany, compulsory military service was suspended in 2011. There is therefore no longer an obligation to serve in the Bundeswehr. However, if you have a second nationality, the other country may still have compulsory military service.
Some countries, such as Greece or Turkey, have compulsory military service and may require their citizens (even if they have a second nationality) to perform military service. More information can be found here.
Tax obligations
The tax consequences of dual citizenship vary depending on the countries involved:
- US peculiarity: The USA taxes its citizens worldwide, regardless of their place of residence. According to the IRS(Internal Revenue Service, 2023), US citizens must file an annual US tax return, even if they live abroad and pay taxes there
- Double taxation agreements: Germany has concluded double taxation agreements with over 90 countries to prevent income from being taxed twice(Federal Ministry of Finance, 2023)
Special information for unmarried couples
Additional requirements apply to unmarried couples with binational children:
- Recognition of paternity: For legal recognition of paternity in Germany, an acknowledgement of paternity is required, which can be declared before or after the birth
- Custody: In the case of unmarried parents in Germany, the mother initially has sole custody. A joint custody agreement is possible and often recommended
- Naming: The rules on naming are more complex for unmarried couples and can vary greatly from country to country
Practical checklist: How to master the paperwork
Checklist for binational births
□ Find out about the nationality laws of both countries
□ Clarify the naming of your child according to the laws of both countries
□ Check the validity period of your passports/ID cards
□ Find out about birth registration deadlines in both countries
□ Identify the relevant authorities in both countries
□ Find out about apostille or legalization, if necessary
□ Find a recognized translator for any translations
□ Inform the hospital staff about your binational situation
□ Make sure that all names are spelled correctly
□ Have several originals of the birth certificate issued
□ Ask for multilingual forms if available
□ Make a note of the contact details of the obstetric institution for future reference
□ Register the child at the relevant consulate/embassy
□ Apply for the foreign birth certificate or consular certificate
□ Apply for citizenship if not acquired automatically
You can find more checklists for the birth of binational children on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
Frequently asked questions (FAQ)
Can my child keep both nationalities?
This depends on the nationality laws of the countries concerned. Many countries, including Germany, the USA and most EU states, allow dual nationality at birth. However, some countries, such as Japan, require a decision for one nationality until the age of adulthood (in Japan until the age of 22).
You can find more information at the Federal Foreign Office.
What should I bear in mind when giving birth abroad?
You should bear the following points in mind when giving birth abroad:
- Register the birth at the local registry office
- Apply for the local birth certificate with several originals
- Have the birth certificate apostilled/legalized (if necessary)
- Register the birth with the German diplomatic mission abroad
- Apply for subsequent certification at the registry office I in Berlin
- Apply for travel documents for the child from both countries
How can I subsequently apply for a second citizenship for my child?
If the second citizenship was not acquired automatically, there are different procedures depending on the country:
- For German citizenship: subsequent certification at the registry office I in Berlin, if one parent was German at the time of birth
- For foreign citizenship: registration at the consulate of the respective country, usually with proof of parentage
- Note possible deadlines: Some countries set age limits for subsequent registration
What does subsequent certification at the registry office I in Berlin mean?
Subsequent certification is the entry of a birth that took place abroad in the German register of births. You:
- Represents the legal basis for German documents
- Enables a German birth certificate to be issued
- Is often easier to use than foreign documents when dealing with German authorities
- Can be carried out by the registry office I in Berlin or by the registry office of the German place of residence
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The bureaucratic processes surrounding binational children can be complex, but the effort is worth it for the many benefits your child will enjoy. Get help from experts if you need it and plan enough time for all the formalities.
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