Executive Summary Citizenship in EU Member States is acquired mainly by birth – either by descent (ius sanguinis) or birth in the territory of the state (ius soli). In 2020 all Member States provide for citizenship by descent from citizen parents. This is generally automatic and unconditional when children are born to citizens in the country, but can be subject to a variety of conditions for children born abroad. A small minority of states provide citizenship at birth on the sole basis of birth in the territory. In no case is this unconditional, but depends on the parents’ having established residence, or the children having themselves been born in the state. Other states provide for citizenship at some point after birth, when the child has continued to live for several years in the state. In addition, most, but not all, EU Member States provide citizenship for the special cases of foundlings and, more conditionally, for those who would otherwise be stateless. Between 2013 and 2020 changes in provision on the basis of descent in 9 Member States have mainly reduced restrictions on fathers transmitting citizenship to their children out of wedlock, addressed new forms of partnership and parental relations, and extended opportunities for access to citizenship by certain descendants of former citizens. Changes in provision on the basis of birth in the territory in 8 Member States have mainly increased acquisition by children who would otherwise be stateless, and increased access to citizenship after birth on the basis of residence or education in states which otherwise have limited ius soli provision. Most changes represented more inclusive provisions, but are limited in their potential impact and in the number of countries involved. All Member States should provide citizenship for foundlings and stateless children; provisions for citizenship for those born at risk of becoming stateless should be strengthened in many states. In the interest of encouraging integration of immigrants, more general provision should be made for children who are born and will live in the state. Either citizenship should be acquired at birth or, if it depends also on a period of residence, it should be possible to acquire without onerous requirements or procedures that may exclude many who have lived all their lives in the state. The few remaining countries without gender equality in transmitting citizenship to children outside marriage should amend this. Other states should accommodate different kinds of partnerships and parental relations in their citizenship laws. Provisions that allow the indefinite extension of ius sanguinis abroad risk making this, and EU citizenship, over-inclusive. To avoid this, Member States should consider requiring the establishment of some connection after the second generation born abroad, if this be only a matter of registration.

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