Published on: December 02, 2024 | By: @rprasanth_kumar
A child’s French nationality, whether born in France or abroad, primarily depends on the nationality of their parents. This article explores the key pathways for children to become French citizens, shedding light on their eligibility criteria, and the unique aspects of France’s approach to nationality.
Topics Covered 📚
- Summary: French nationality for Children
- Is a Child French if one Parent is French?
- Does a Child become French if a Parent acquires French Nationality?
- Does a Child Become French Through Adoption by a French Citizen?
- Is a Child French if born in France to Foreign Parents?
- Minor Children Aged 13 to 15
- Minor Children Aged 16 and 17
- Children Aged 18 and above
- Sources & References
Summary: French nationality for Children
There are 2 ways in which a child can obtain French nationality.
1. By Birth
- Droit du sang: French nationality is granted to any child born in France or abroad, whose parents are French citizens.
- Droit du sol: A child born on French soil may also be granted French citizenship (not applicable for Mayotte) if:
- The parents are unknown.
- At least one parent was also born in France. It is known as double droit du sol.
- The parent(s) are stateless (no nationality).
2. By Acquisition
Typically, the applicant must be an adult (18 years and above), but early applications are possible under certain conditions.
- At ages 16–18: The child’s habitual residence must have been in France, continuously or intermittently for at least five years since the 11th birthday.
- Between ages 13–16: The child’s habitual residence must have been in France, continuously or intermittently for at least five years since the 8th birthday.
- Note: Habitual residence means the place where a person resides for the longest period of time during the year.
Is a Child French if one Parent is French?
A child automatically acquires French nationality at birth through filiation (legal relationship with a parent), if at least one of their parents is French.
- Place of birth is irrelevant: The child can be born in France or abroad.
- Marital status of parents doesn’t matter: The child’s nationality is established as long as the legal parent-child relationship with the French parent is recognized.
Other key points:
- The parent’s nationality is determined on the child’s date of birth and throughout their minority.
- The child retains French nationality even if their parentage is disputed after they reach adulthood.
- If a parent loses French nationality after the child becomes an adult, it does not affect the child’s nationality.
- If a parent becomes French after the child is already an adult, it has no impact on the child’s nationality.
Does a Child become French if a Parent acquires French Nationality?
A minor child becomes French when one of their parents obtains French nationality, provided the following conditions are met:
- The child resides with this parent on a regular basis (or alternates residence in cases of divorce or separation).
- The child’s name is included in the parent’s application of French nationality.
If the parent acquires French nationality after the child becomes an adult, it does not affect the child’s nationality.
Note: It is possible to request naturalization for a minor child who remains a foreign national even after a parent acquires French nationality. The child must, however, have lived in France with the parent for at least five years before the request.
Does a Child Become French Through Adoption by a French Citizen?
Only full adoption (adoption plénière) grants French nationality at birth. Full adoption establishes a new legal parent-child relationship, replacing the child’s original lineage.
Points to consider:
- Adoptions done abroad only affect the child’s nationality, if they qualify as full adoption under French law.
- Kafala (a form of guardianship recognized in some Maghreb countries) is not considered adoption under French law.
Is a Child French if born in France to Foreign Parents?
A child born in France to foreign parents is considered French at birth in the following cases:
- At least one parent was born in France (regardless of their nationality).
- At least one parent was born in Algeria before July 3, 1962.
- The child is stateless (has no nationality).
Note:
- If a child born in France to foreign parents does not meet these above conditions, they may still acquire French nationality at age 13 or later under specific circumstances.
- Specific rules may apply for Mayotte.
- If one of the child’s parents is a foreign national but was born in France, the child born in France is French by birth. Additionally, a child is French if at least one of their parents is French (by descent).
Minor Children Aged 13 to 15
If you are a foreign national residing in France, you can apply for French nationality on behalf of your child, provided the following conditions are met:
- Age: The child must be between 13 and 15 years old.
- Place of Birth: The child must have been born in France.
- Habitual Residence: The child must have primarily resided in France (résidence habituelle) since the age of 8.
- Current Residence: The child must reside in France on the day of the declaration.
- Consent: The child must agree to acquire French nationality unless they are under guardianship or unable to express their will due to a disability.
Minor Children Aged 16 and 17
A minor born in France to foreign parents can apply for French nationality from the age of 16, provided the following conditions are met:
- Age: The applicant must be between 16 and 17 years old.
- Place of Birth: The applicant must have been born in France.
- Habitual Residence: They must have resided primarily in France for at least 5 years, either continuously or intermittently, since the age of 11.
- Current Residence: They must reside in France on the day of the declaration.
Children Aged 18 and above
If you were born in France to foreign parents, you automatically acquire French nationality at age 18, provided the following conditions are met:
- Current Residence: You must reside in France at the age of 18.
- Habitual Residence: You must have lived in France continuously or intermittently for at least 5 years since the age of 11.
- Parental Status: Your foreign parents must not be diplomatic agents or career consuls.
Military Service: You acquire French nationality on the date of your incorporation into the French army.
Note: If you do not meet these conditions, you may check if other naturalization procedures apply.
