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 2020, the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) ruled 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 — In-wedlock children of German mothers (pre-1975) and marriage-loss
Those born in wedlock before January 1, 1975 to a German mother and a non-German father who could not inherit the mother's citizenship under old law.
Until January 1, 1975, only the father's citizenship transmitted to children born in wedlock. A child born to a German mother and a non-German father acquired only the father's citizenship — the mother's German citizenship could not pass. Category 1 is the primary route for descendants of German women who emigrated and married foreign nationals before 1975.
Category 1 also covers a narrower sub-case: if your German-citizen grandmother lost her citizenship by marrying a foreign man before April 1, 1953(when marriage to a foreigner automatically stripped a German woman's citizenship), and you or your parent were born after that marriage, you never acquired German citizenship because your ancestor had already lost hers.
Category 2 — Non-marital children of German fathers (pre-1993)
Those born out of wedlock to a German father before July 1, 1993 who could not acquire citizenship because paternity was not legally established in time.
Under pre-1993 German law, a non-marital child of a German father could only inherit citizenship if paternity was formally recognized before the child's 23rd birthday. If recognition never occurred, or occurred too late, the citizenship link was severed. Category 2 restores eligibility for people in that position — including where the father acknowledged paternity but the legal mechanism was incomplete or untimely under the law then in force.
Category 3 — Acquired-then-lost through legitimisation
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. However, if the foreign father later formally recognised paternity (“legitimised” the child), the child's citizenship could shift to the father's, extinguishing the German citizenship acquired at birth. Category 3 is a narrow but important path for descendants who lost citizenship through this mechanism.
Category 4 — Descendants of categories 1, 2, or 3
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(3) Nr. 4 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.