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Section 5 StAG Explained: Who Can Become German by Declaration?

One of the most common questions applicants ask is whether German citizenship can still pass through a mother or father when earlier law did not allow it.

In many cases, it can. Section 5 StAG, part of the German Nationality Act, allows certain people to become German by making a declaration.

Why Section 5 Exists

For decades, German nationality law treated mothers and fathers differently.

Children born in wedlock generally acquired citizenship only through a German father. Children born out of wedlock generally acquired it only through a German mother.

Section 5 was introduced to correct the effects of these gender-based rules.

Who Can Make a Declaration?

Section 5 generally covers the following situations:

• Children born in wedlock before 1 January 1975 to a German mother and a foreign father
• Children born out of wedlock before 1 July 1993 to a German father and a foreign mother
• Children whose German mother lost her citizenship by marrying a foreign national before 1 April 1953, before the child was born
• Children who lost German citizenship acquired at birth through a legitimation by a foreign father

Descendants Can Also Qualify

The right to make a declaration is not limited to the first generation.

Children, grandchildren, and later descendants of the persons described above may also qualify. Each eligible person makes their own declaration.

Who Is Not Covered?

A few limits apply:

• The person making the declaration must have been born after the Basic Law came into force on 23 May 1949
• Certain criminal convictions, generally a sentence of two years or more, can exclude a claim
• People who could have secured citizenship by registering a birth abroad in time, but did not, may be excluded
• People who acquired German citizenship in another way and later lost it again may be excluded

People born before 23 May 1949 cannot use Section 5. Other routes, such as discretionary naturalization, may need to be considered instead.

No Persecution Requirement

Unlike Article 116(2) of the Basic Law and Section 15 StAG, Section 5 does not require that the family was persecuted.

It is based on the historical gender-based rules alone. Some family histories, however, touch on more than one route.

What About Dual Citizenship?

Making a declaration does not require giving up an existing citizenship.

Whether the other country allows dual citizenship depends on that country’s own law.

Conclusion

Section 5 opens German citizenship to many families who were excluded only because of a parent’s gender. Because the right to make a declaration is time-limited, it is important to review eligibility and prepare the family records early.