Birthright citizenship, known in law as jus soli or 'right of the soil', means a child becomes a citizen simply by being born in the country. About three dozen countries apply it almost unconditionally, and nearly all of them are in the Americas, including the United States, Canada, Mexico, Brazil and Argentina.
Most of the rest of the world uses jus sanguinis, or 'right of blood', where citizenship passes from parents to children regardless of birthplace. Many European and Asia-Pacific countries combine the two: birth on their soil helps, but only if a parent is a citizen, a permanent resident or has lived there for several years.
In the United States, the question was settled again in 2026. On June 30, 2026, the Supreme Court held in Trump v. Barbara that the executive order restricting birthright citizenship was invalid. This guide lists the countries with unconditional and conditional birthright citizenship and explains what the ruling means.
Key takeaways
- Around 30 to 35 countries grant citizenship to nearly everyone born on their territory, with narrow exceptions such as children of foreign diplomats.
- Almost all of them are in North, Central and South America and the Caribbean. Outside the Americas, the list is short.
- The UK, Ireland, Australia, Germany and France grant citizenship by birth only when parents meet residence or status conditions.
- The US Supreme Court ruled on June 30, 2026, that children born in the US to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment.
- Birthright citizenship gives the child a nationality. It does not give the parents residence rights, and in the US it creates lifelong tax filing duties for the child.
Jus soli and jus sanguinis in plain terms
Every country decides who its citizens are at birth using one or both of these principles.
Jus soli looks at the place of birth. If you are born on the territory, you are a citizen, whatever your parents' nationality or immigration status. Countries that use it unconditionally usually make exceptions only for children of foreign diplomats and, in older rules, children of enemy occupying forces.
Jus sanguinis looks at the parents. If a parent is a citizen, the child is a citizen, wherever the birth takes place. Most countries limit how many generations born abroad can pass citizenship on, which is why rules on European citizenship by descent vary so much.
Many countries use a mix. A child born in Germany to foreign parents can be German at birth, but only if a parent has lived there legally for years. A child born abroad to German parents is also German, subject to limits on generations born abroad.
Countries with unconditional birthright citizenship
The table lists countries that grant citizenship to almost anyone born on their territory. Counts differ between sources, because some countries carve out exceptions, such as Chile for children of transient foreigners, and because practice does not always match the law. Tanzania, for example, provides for citizenship by birth in its law, but in practice officials generally also look for a Tanzanian parent, so it is left out of the table.
| Region | Countries |
|---|---|
| North America | United States, Canada, Mexico |
| Central America | Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama |
| Caribbean | Antigua and Barbuda, Barbados, Cuba, Dominica, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago |
| South America | Argentina, Bolivia, Brazil, Chile, Ecuador, Guyana, Paraguay, Peru, Uruguay, Venezuela |
| Africa | Lesotho |
| Oceania | Fiji, Tuvalu |
Why the Americas? Most of these countries were built on large-scale immigration and wanted the children of newcomers to become full members quickly. Many also adopted jus soli at independence to make a clean break with colonial nationality rules.
A few notes on the larger countries:
- United States. The Fourteenth Amendment, ratified in 1868, says that all persons born in the United States and subject to its jurisdiction are citizens. The Supreme Court confirmed in 1898, in United States v. Wong Kim Ark, that this covers children of non-citizen parents.
- Canada. Anyone born in Canada is a citizen, except children of foreign diplomats and some other foreign government representatives.
- Mexico. The constitution grants Mexican nationality by birth to anyone born on Mexican territory, whatever the parents' nationality.
- Brazil and Argentina. Both grant citizenship to children born on their soil. In Brazil, a parent of a Brazilian-born child can also apply for naturalization after one year of residence instead of four.
Countries with conditional birthright citizenship
Many countries grant citizenship by birth only when a parent meets a status or residence condition. The table shows the main rules in some popular destinations.
| Country | Rule for a child born there to foreign parents |
|---|---|
| United Kingdom | British at birth if a parent is a British citizen or settled in the UK; otherwise may register later, for example after living in the UK for the first 10 years |
| Ireland | Irish at birth if a parent has at least three years of reckonable residence in the four years before the birth, or holds certain other statuses |
| Australia | Australian at birth if a parent is a citizen or permanent resident; otherwise citizen on the 10th birthday if ordinarily resident in Australia throughout |
| New Zealand | Citizen at birth if a parent is a citizen or entitled to live in New Zealand indefinitely |
| Germany | German at birth if a parent has five years of lawful habitual residence and an unlimited residence right |
| France | French at 18 if living in France with five years of residence since age 11; earlier by declaration; at birth if a parent was also born in France |
| Spain | Spanish at birth if a parent was also born in Spain; otherwise eligible to naturalize after one year of residence |
| Colombia | Colombian at birth if a parent is Colombian or a foreign parent was domiciled in Colombia at the time |
| India | Since 2004, citizen at birth only if both parents are Indian, or one is Indian and the other is not an illegal migrant |
Germany's rule is set out in section 4(3) of the Nationality Act, and the 2024 reform cut the parental residence condition from eight years to five. France's rules, including the 'double jus soli' for children whose foreign parent was also born in France, are explained on the French government's Service-Public site. The UK government's British citizenship page confirms that birth in the UK does not by itself make someone British.
Countries that ended or narrowed birthright citizenship
Several countries that once had unconditional jus soli moved to conditional systems, usually because of concerns about immigration or birth tourism:
| Year | Country | Change |
|---|---|---|
| 1983 | United Kingdom | British Nationality Act 1981 came into force; a parent must be British or settled |
| 1986 | Australia | A parent must be a citizen or permanent resident |
| 1987 and 2004 | India | Conditions on parents' citizenship added, then tightened |
| 2005 | Ireland | After a 2004 referendum, children of non-nationals need a parent with three years of residence |
| 2006 | New Zealand | A parent must be a citizen or entitled to reside indefinitely |
| 2010 | Dominican Republic | New constitution excluded children of foreigners in transit or without lawful status |
The direction of travel outside the Americas has been toward more conditions, not fewer. Inside the Americas, unconditional jus soli has proved durable.
The United States after Trump v. Barbara
On January 20, 2025, President Trump signed Executive Order 14160, which sought to deny citizenship to children born in the US after February 19, 2025, if the mother was unlawfully or only temporarily present and the father was not a citizen or green card holder. The order never took effect. In June 2025, the Supreme Court limited universal injunctions in Trump v. CASA, but lower courts kept the order blocked through class actions and state suits.
On June 30, 2026, the Supreme Court decided the merits in Trump v. Barbara (No. 25-365). In an opinion by Chief Justice Roberts, five justices held that the Fourteenth Amendment guarantees citizenship to children born in the US, including children of parents who are unlawfully or temporarily present, and that the order was invalid. Justice Kavanaugh agreed the order could not be enforced but rested his view on the federal citizenship statute. Three justices dissented, according to a Congressional Research Service summary.
The practical result is that US birthright citizenship works as it did before 2025. Changing it now would require a constitutional amendment or a future reinterpretation by the Court. Congress could also amend the citizenship statute, but the constitutional holding would still apply.
What birthright citizenship does and does not do
For families, a few practical points come up again and again:
- No status for parents. A child's citizenship does not give parents a right to stay. In the US, a citizen child can only petition for a parent's green card after turning 21. Some countries are more generous: Brazil shortens naturalization for parents of Brazilian children.
- Dual nationality. A child born abroad often also inherits the parents' nationality, so they may hold two citizenships from birth. Check whether the parents' country restricts this, as some require a choice by adulthood.
- Lifelong US tax filing. A US-born child is a US citizen for tax purposes, even if the family leaves days after the birth. The US taxes citizens on worldwide income wherever they live, as explained in our guide to citizenship-based taxation.
- Birth tourism rules. Since 2020, US consular officers can refuse a visitor visa if they believe the main purpose of travel is to give birth to obtain citizenship for the child.
For other ways to acquire a second nationality, see our guides on how to get a second passport, citizenship by descent outside Europe and the easiest countries to get citizenship.
Frequently asked questions
Which countries give citizenship by birth?
About 30 to 35 countries grant citizenship to almost anyone born on their soil, including the United States, Canada, Mexico, Brazil, Argentina, Chile, Peru and most Caribbean nations. Outside the Americas, examples include Lesotho, Fiji and Tuvalu.
Does Canada still have birthright citizenship?
Yes. Anyone born in Canada is a Canadian citizen, except children of foreign diplomats and certain other foreign government representatives.
Is birthright citizenship ending in the United States?
No. On June 30, 2026, the Supreme Court held that the executive order restricting birthright citizenship was invalid, and that children born in the US to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment.
Does a European country give citizenship if my child is born there?
Usually not automatically. The UK, Ireland, Germany, France and Spain all require a parent to have a qualifying status or a period of legal residence, or offer citizenship later in childhood.
Can parents get residency through a child born in the country?
Not automatically. Rules vary: in the US, a citizen child can sponsor a parent only after turning 21, while some Latin American countries offer residence or faster naturalization to parents of children born there.
Important: This article is general information, not tax, legal or financial advice. Rules change often and depend on your personal circumstances. Speak with a qualified professional in each relevant country before you act.