The Next Passport
§5 StAG · Gender-Discrimination Declaration§5 StAG Declaration
A 2021 statutory fix to pre-1975 gender discrimination in German citizenship transmission. Four categories of people are entitled to German citizenship by filing a declaration — no Feststellung required, no fee, and no need for the parent or grandparent to have filed first.
Deadline
August 19, 2031
§5 StAG declarations must be filed on or before August 19, 2031. Approximately 5 years remain as of today. After the deadline, the four statutory categories close — no extension has been announced. Applications pending as of the deadline continue to be processed, but new filings will not be accepted.
This page is informational, not legal advice. §5 StAG categories are fact-specific. For guidance on your specific situation, consult a licensed German citizenship attorney. This information reflects the StAG as amended through 2026 and may not reflect subsequent amendments.
Background: why §5 exists
Until January 1, 1975, German citizenship law contained gender-based rules that stripped women of citizenship (or prevented them from transmitting it) in ways that would never have applied to men. Two rules did most of the harm: until April 1, 1953, a German woman lost citizenship automatically on marriage to a foreign man; until January 1, 1975, a child born in wedlock to a German mother and a foreign father did not inherit German citizenship — only the father's citizenship.
In August 2020, the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) ruled in 2 BvR 557/19 that pre-1975 gender discrimination in citizenship transmission was unconstitutional and that the state owed a remedy. The 2021 Fourth Act Amending the Nationality Act (Viertes Gesetz zur Änderung des Staatsangehörigkeitsgesetzes) codified that remedy by adding four new declaration paths to §5 StAG.
The law set a 10-year filing window. The deadline — August 19, 2031 — falls 10 years after the amendment entered into force on August 20, 2021.
The four statutory categories
§5(1) StAG enumerates four categories. If you fall into any one of them, you are entitled to German citizenship on filing a declaration. Descendants of category 1–3 claimants qualify independently under category 4.
Category 1
Those who never acquired German citizenship because their German-citizen mother lost it by marriage to a foreigner before the claimant's birth.
Before April 1, 1953, a German woman automatically lost German citizenship by marrying a foreign man. If your German-born mother married a foreign-citizen father before that date, and you were then born, you did not inherit German citizenship — your mother had already lost hers. Category 1 restores your eligibility.
Category 2
Those whose German-citizen mother lost citizenship by marriage before May 23, 1949 and before the child was born.
May 23, 1949 is the date of the Basic Law (Grundgesetz), establishing the Federal Republic of Germany and its constitutional guarantee of equal rights. Category 2 is a narrower, earlier-date variant of category 1 — often relevant for descendants of pre-WWII emigrants.
Category 3
Those who acquired German citizenship at birth but lost it through legitimisation by a foreign father.
Under pre-1975 German law, a child born out of wedlock to a German mother inherited her citizenship — but could lose it if the child was later “legitimised” by a foreign father recognizing paternity. Category 3 restores citizenship in that narrow scenario. The category 1 path includes a fathers' variant: if your path runs through a German father and your paternity must have been legally recognized before your 23rd birthday for the citizenship to transmit, and that recognition occurred late or not at all, the §4 route is closed but §5 may be available.
Category 4
Descendants of anyone in categories 1, 2, or 3.
Category 4 has no generation cap. If your grandmother qualifies under category 1, your parent qualifies under category 4 even if they never filed, and you qualify under category 4 independently. Critically, the parent or grandparent does not need to have filed their own §5 declaration before you file yours — each descendant may file independently.
Eligibility rule: birth after May 23, 1949
Direct claimants under §5(1) must have been born after May 23, 1949 (the date of the Basic Law). Descendants under category 4 inherit eligibility from a qualifying ancestor regardless of their own birth date, subject to the category 4 chain.
Why §5 is often the best path
- •Free to file under the §38(2) StAG fee waiver — no €51 fee.
- •Filed by declaration, not by Feststellung — you are not proving you have always been German, you are claiming entitlement to a declared status. The evidentiary burden is lower than for §4.
- •No chain requirement — you do not need to prove that any intermediate ancestor held German citizenship continuously.
- •No generation cap under category 4 — if an earlier ancestor qualifies, all descendants qualify independently.
- •No need for parent to file first — each descendant may file on their own.
What you'll need
Ancestor's German records
Long-form German birth certificate (from the relevant Standesamt) establishing the ancestor was a German citizen at birth, and the document that triggered loss of citizenship (marriage certificate for category 1/2, paternity recognition document for category 3).
Chain records (for category 4)
Long-form birth certificates for each generation linking you to the qualifying ancestor, plus any relevant marriage certificates for name changes. §5 does not require proving German citizenship for intermediate generations.
Applicant's records
Your long-form birth certificate, passport or national ID, and — if applicable — marriage certificate.
Form EER
The §5 declaration form (Erklärung zum Erwerb der deutschen Staatsangehörigkeit). Submitted through your nearest German consulate, which forwards to BVA Cologne.
Sworn translations
All non-German records must be translated by a sworn translator recognized by a German court.
See if §5 applies to your family
Our free eligibility check identifies which §5 category (if any) may apply to your family history — alongside §4 and Art. 116(2) analysis.
Start the free eligibility check →Not legal advice. §5 StAG categories are fact-specific and turn on precise historical dates. Consult a licensed German citizenship attorney before filing.