French Citizenship by Birth

Overview

As mentioned above, French citizenship is largely determined by blood (jus sanguinis).

That is, to be eligible for French citizenship, the child must usually have at least one parent who is a French citizen.

French citizenship is also available to some people born in France to non-French nationals by virtue of their being born on French soil (jus soli).

The main ways a child can qualify for French citizenship by birth include:

• He or she is born in France, with one or both parents a French national.
• He or she is born outside France to a French citizen parent.
• A child born in France after 1 January 1963 to a parent born in Algeria before 3 July 1962 is eligible for French citizenship by birth.
• A child born in France before 1 January 1994 to a parent born in a former French overseas territory prior to independence qualifies for French citizenship by birth.
• If the child is adopted by a French-national parent according to the procedure known as full adoption (adoption plénière), the child automatically becomes a French citizen once the adoption has been confirmed.

Other Qualifying Criteria

Children without a French-national parent may also be eligible to become a French citizen in these circumstances:

• He or she is born to a parent who was also born in France, though not a French citizen (this is known as double jus soli)
• If a child is born to a foreign-born parent resident in France who for some reason hasn’t passed on their nationality, the child is eligible to become a French citizen by birth.
• A child born in France to parents, neither of whom was born in France, can be considered a French citizen if it can be shown that the citizenship status of the parents is unknown or if the parent or guardian is stateless at the time of the child’s birth.

Children of Foreign Parents

The children of non-French nationals born in France are eligible to become citizens. The criteria and the process of acquiring citizenship depend on the age of the child when he or she wishes to apply.

These rules apply in metropolitan France and most overseas territories. However, specific rules apply to the island of Mayotte.

For a child between the ages of 13 to 15 to become a French citizen, he or she must:

• Be born in France
• Have resided for a significant period in France since the age of eight.
• Live in France on the day the citizenship request is made.

For a child between the ages of 16 and 17 years to become a French citizen, he or she must:

• Be born in France,
• Have resided habitually in France for a five-year continuous or discontinuous period of at least five years since the age of 11.
• Reside in France on the day of the citizenship request.

For someone aged 18 to become a French citizen, he or she must:

• Be born in France.
• Reside habitually in France during a continuous or discontinuous period of five years or more since the age of 11.
• The foreign-born parents must not be diplomatic agents or career consuls.

Required Documents

If the child meets the criteria above, the parent of the child must present the following documents to the French authorities to start the citizenship process:

• Declaration of French nationality in two copies, dated and signed by the legal representative of the minor.
• Birth certificate.
• Identity document (passport or residence permit)
• Recent photo ID.
• Residence permit of the foreign-born parent or official foreigner ID.
• Documents proving that the minor resides in France on the date of the declaration
• Proof of habitual residence in France.
• If necessary, a medical certificate issued by an approved medical specialist certifying that the minor’s mental or bodily faculties prevent him from expressing his will.

As part of the application process, the immigration authorities might schedule an interview with the child and the parent(s).

From start to finish, the citizenship application process can take anywhere between 12 and 18 months.

Citizenship Through Adoption

France recognises two types of adoption: simple and full.

With a simple adoption, the child remains a citizen of the country of birth until the adoptive parent has completed the citizenship application process outlined below.

Conversely, a child adopted via a full adoption is considered a French citizen once the adoption has been finalised.

Simple Adoption

For a child adopted using the simple procedure to become a French citizen, the adoptive parents must make a declaration of French nationality and the child must be under the age of 18 and reside in France at the time the adoption procedure is started.

The documents required to complete the adoption include:

• Declaration of French nationality (x2 copies).
• The declaration should be dated and signed by the legal representative of the adoptee if the adopted person is under 16 or is under guardianship if a disability prevents him from expressing himself.
• In all other cases, the declaration must be signed by the adoptee.
• Full copy of the adoptee’s birth certificate.
• Proof of identity of the adoptee (Photo ID card, passport and school card are acceptable).
• Proof of residence of the adoptee.
• A certified copy of the adoption judgement.
• Certificate of French nationality of the adopter.
• Proof of identity of the adopter (for example, national ID card, French passport, and driving licence).

Once the documents have been sent and if you received no further correspondence from the French authorities this is confirmation that the adopted child has been registered on the list of French citizens.

Citizenship Through a Naturalised Foreign Parent

If a non-French child’s parent obtains French nationality by applying for citizenship, the child can also become a French citizen in the following circumstances:

• The child lives in France with this parent (at least part-time in the case of divorce).
• The name of the child is mentioned on the naturalisation decree of the parent.
• It is possible to apply for the naturalisation of a child living overseas if one of their parents has become French. However, the child must have lived in France with the parent for at least five years before the request is made.