German Citizenship by Declaration: StAG §5 Explained

StAG §5 is a declaration route that gives German citizenship to people excluded by old gender-discriminatory descent rules — for example children of a German mother and foreign father born before 1975, or of an unmarried German father. It closed long-standing gaps and generally allows dual citizenship, but the declaration is time-limited.

What StAG §5 fixes

For decades, German descent law treated mothers and fathers differently. Children of a German mother and a foreign father born before 1 January 1975, and children of an unmarried German father, could miss out on citizenship that would have passed under today’s equal rules. Section 5 lets those affected — and their descendants — acquire citizenship by declaration.

Who typically qualifies

The classic cases are a German mother who married a foreigner before 1975, and an unmarried German father whose child was born before mid-1993. If a rule that no longer exists is the only reason citizenship didn’t pass, §5 is the route designed to correct it. Descendants of the affected person can usually declare too.

The declaration is time-limited

Unlike restoration, the §5 declaration route has a deadline. It was opened for ten years from 20 August 2021, so declarations must currently be made by 19 August 2031. If this route might fit your family, it’s worth confirming the position well before that date.

Evidence you’ll need

Records establishing the German parent’s citizenship and the family line to you, plus the dates that show the old rule applied. As always, the dates and the jurisdiction that held each record are what decide the case.