The Next Passport
§4 StAG · Descent Through a ParentGerman Citizenship Through Your Parent
This page is informational, not legal advice. It describes the §4 StAG descent path in general terms based on publicly available German government sources. For guidance on your specific situation, consult a licensed German citizenship attorney. German citizenship law can change — the information below reflects the Staatsangehörigkeitsgesetz (StAG) as amended through 2026 and may not reflect subsequent amendments.
Last verified: August 14, 2026 · Maintained by The Next Passport (Warner Creates LLC).
Section 4 of the Staatsangehörigkeitsgesetz (StAG) — Germany's Nationality Act — is the most common path to German citizenship by descent. It applies the principle of jus sanguinis (right of blood): a child born to a German citizen parent acquires German citizenship automatically at birth, regardless of where in the world the child is born.
For modern claims, the §4 path is generally straightforward provided two conditions hold: the parent was a German citizen at the moment of the child's birth, and the parent had not lost German citizenship before that moment under §25 StAG (voluntary foreign naturalization). Historical exceptions exist for pre-1975 gender rules and post-1999 births abroad — detailed below.
The core §4 StAG rule
§4(1) StAG provides that a child acquires German citizenship at birth if at least one parent is a German citizen. This rule has applied in its current form since January 1, 1975. Before that date, gender-based rules governed citizenship transmission in wedlock — the key reason §5 StAG (the gender-fix declaration) exists today.
The §25 StAG chain-breaker
The single most common reason a §4 descent claim fails is §25 StAG — loss of German citizenship on voluntary acquisition of a foreign citizenship. Until the June 27, 2024 StARModG reform, a German citizen who naturalized in another country (for example, became a US citizen) automatically and immediately lost German citizenship — unless they had obtained a Beibehaltungsgenehmigung (retention permit) from the German government in advance.
The practical consequence for descent: if your parent was German but naturalized as a US citizen before you were born, and did not obtain a Beibehaltungsgenehmigung, your parent almost certainly lost German citizenship at the moment of naturalization — meaning the parent was not German when you were born, and you did not inherit German citizenship under §4 StAG.
The 2024 reform does not retroactively undo these historical losses. If your parent naturalized before June 27, 2024 without a retention permit, the chain may still be broken for children born before that loss was reversed.
§4(4) StAG — the post-1999 generation cutoff
§4(4) StAG applies where the German parent was born abroad after December 31, 1999 and is habitually resident abroad. The date attaches to the parent'sbirth, not the child's — the statute reads “wenn der deutsche Elternteil nach dem 31. Dezember 1999 im Ausland geboren wurde und dort seinen gewöhnlichen Aufenthalt hat.” A parent born after that date is at most in their mid-twenties today, so in practice this cutoff reaches very few families so far. Where it does apply, the child does not automatically acquire German citizenship at birth unless an application to register the birth is filed within one year (§36 PStG — reaching the competent German mission within the year is enough), or the child would otherwise be stateless. Where both parents are German, the cutoff bites only if both meet those conditions, and it is disregarded entirely for Article 116(2) and §15 claims and their descendants.
So the question to ask is about your parent, not you: was your German parent born abroad on or after January 1, 2000, and were they living abroad when you were born? If your German parent was born before 2000 — which is the case for the overwhelming majority of applicants today — §4(4) does not touch your claim at all, however recently you were born. It also does not apply if the parent was resident in Germany at the time of your birth, even if they were born abroad. Where §4(4) does apply and no registration was filed within the year, restoration is limited and usually requires a narrow statutory path.
Pre-1975 gender rules (children born in wedlock)
Before January 1, 1975, a child born in wedlock to a German citizen mother and a foreign citizen father did NOT automatically acquire German citizenship — only the father's citizenship was transmitted. This rule produced the largest category of descent claims now handled under §5 StAG (gender-fix declaration) rather than §4 Feststellung.
If you were born before January 1, 1975, your mother was a German citizen, and your father was not, you likely did not acquire German citizenship at birth under the rules in force at that time. Your path today is §5 StAG — not §4 — and it is both free and filed by declaration rather than proof of unbroken descent.
Pre-1993 rules (children born out of wedlock to a German father)
Before July 1, 1993, a non-marital child of a German citizen father and a foreign citizen mother did NOT automatically acquire German citizenship unless the father's paternity was legally recognized (Vaterschaftsanerkennung) before the child's 23rd birthday and a declaration was submitted to the German authorities.
If paternity was never formally recognized, or was recognized after the 23rd birthday, the §4 path is generally closed. Some such cases fall into §5 StAG category 3 — legitimization by a foreign father that stripped German citizenship acquired at birth.
What you'll need
Applicant's documents
Long-form birth certificate (not the shortened Geburtsurkunde), passport or national ID, proof of current address, and — if applicable — marriage certificate.
German parent's documents
Parent's long-form German birth certificate (Geburtsurkunde) from the relevant Standesamt, parent's marriage certificate, and parent's proof of German citizenship at the time of your birth — the Staatsangehörigkeitsausweis, a German passport valid at the date of your birth, or equivalent municipal records.
Naturalization records (if applicable)
If your parent emigrated and later naturalized, you may need to establish the date of naturalization (for §25 StAG analysis). NARA C-files, USCIS indexes, and state naturalization records can establish that your parent was still a German citizen on the date you were born.
Sworn German translations
Every non-German document must be translated by a sworn translator (vereidigter or ermächtigter Übersetzer) recognized by a German court. BVA routinely rejects generic “certified” translations that do not meet this specific standard.
Where it's decided
The Bundesverwaltungsamt (BVA) in Cologne decides every §4 StAG Feststellung application. Your local German consulate receives your documents and forwards them to BVA Cologne — the consulate does not decide your eligibility. Current processing averages are 2–3 years from submission to issuance of the Staatsangehörigkeitsausweis.
See our BVA application process guide for the full form inventory, fee schedule, and timeline.
Not sure if §4 is your path?
Our free eligibility check walks you through pre-1975 gender rules, §25 chain-breakers, and §4(4) registration deadlines — and tells you whether §5 StAG or Art. 116(2) may be a better path for your specific family history.
Start the free eligibility check →Not legal advice. This page describes §4 StAG descent in general terms based on publicly available German government sources. Consult a licensed German citizenship attorney for guidance on your specific situation.