Merve Erdilmen and Iseult Honohan
Citizenship based on more distant descent
In addition to birth from citizen parents, citizenship may also be acquired through more distant
descent, such as for a grandchild or more remote descendant of a former or deceased citizen
These provisions are generally more conditional, requiring, for example, the person to establish
residence, or other naturalisation procedures. Such provisions exist in Czech Republic,
Germany, Greece, Hungary, Italy, Lithuania, Malta, Portugal, Romania, Slovenia, and Spain.
2. Changes in ius sanguinis provisions in EU 28 2013 – 2020
The period 2013-2020 has seen changes in ius sanguinis provision in 10 EU Member States:
Austria, Croatia, Czech Republic, Denmark, Finland, France, Netherlands, Spain, Sweden and
Portugal. In this section we outline some of the more substantial changes. These have removed
restrictions on paternal citizenship transmission out of wedlock, adapted citizenship laws to
accommodate new forms of partnerships and parenting relationships, or extended the
possibility of citizenship acquisition on the basis of more remote ancestry.
A trend since the mid-twentieth century to remove gender or wedlock restrictions on
transmission of citizenship to children has continued. In Austria, since 2014, a child born out
of wedlock either in the country or abroad to an Austrian father and a non-citizen mother can
become a citizen if the father recognises the child within eight weeks of birth, or if a court
determines fatherhood. Previously marriage between the father and mother was required. Since
2015, Denmark has made the acquisition of citizenship automatic for all children born to a
Danish citizen. Previously a child born abroad out of wedlock to a citizen father could acquire
citizenship only if the parents married or through a naturalisation procedure. Likewise since
2015 Sweden has made the acquisition of citizenship automatic for all children born to a
Swedish citizen. Previously acquisition by a child born abroad out of wedlock to a citizen father
required a declaration process.
In a more recent development, several countries have introduced amendments that take
account of new kinds of partnerships and parental relations. Denmark and Finland have
introduced changes in provisions for recognition of parentage of a child. While hitherto
citizenship laws assumed that the parents of a child were a father and a mother, same sex
relationships and marriage mean that a child may have two parents of the same sex. Some
countries have amended their citizenship laws to take account of this. A change in 2014 granted
automatic citizenship to children born of a Danish parent, recognizing the parenthood of mother
and co-mother. Similarly, Finland has redefined motherhood and fatherhood for children with
multiple mothers or fathers. From 2018, if the child has two mothers, the provision recognizes
as mother only the person who gave birth, and rules regarding the father whose paternity is
established apply to the other mother.4
France reformed its law on the definition of parenthood, allowing children born abroad
to surrogate mothers to be granted citizenship on condition that one of their parents is a French
citizen. While surrogate motherhood has been prohibited in France since 1991, the reform of
2014 allows same-sex marriage and recognizes the parenthood of children born by surrogacy.
4
Finland has also made corresponding amendments in legislation extending the provision for the children of
former and deceased citizens, some of which were previously available only through the father.
RSCAS/GLOBALCIT-Comp. 2020/2 - © 2020 Authors
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