Today’s post concerns the topic of Polish citizenship for a child born abroad. The question arises as to whether such a minor has Polish citizenship, and if so, whether he acquires it automatically or whether his Polish citizenship must be confirmed.

Magda, a client of our law firm, asked the following question:

I am Polish and married to a British citizen. My husband and I live permanently in the United Kingdom. I am pregnant and will give birth soon. I plan to give birth in the United Kingdom, but I would like my child to have Polish citizenship. Does the child have to be born in Poland in order to have Polish citizenship?

The rules for acquiring citizenship can be divided into two main systems: ius sanguinis (Latin for “right of blood”) and ius soli (Latin for “right of soil”). In the case of ius soli, citizenship is acquired on the basis of place of birth, regardless of the citizenship of the parents. An example would be a child born in the USA who automatically obtains American citizenship, even if the parents are citizens of another country. In the case of ius sanguinis, citizenship is acquired on the basis of the parents’ citizenship, regardless of the child’s place of birth. And how is Polish citizenship acquired?

Table of contents – read more about:

• Confirmation of Polish citizenship
• Confirmation of Polish citizenship step by step
• Polish Citizenship by Descent
• Documents required for Polish citizenship confirmation
• Cost of confirming Polish citizenship
• How to confirm Polish citizenship
• What document proves Polish citizenship?
• Who qualifies as a Polish citizen?
• Certificate confirming Polish citizenship
• Required documents for Polish citizenship by descent
• Authority responsible for granting Polish citizenship
• Lawyer assisting with Polish citizenship confirmation
• Legal representation for citizenship confirmation proceedings
• Confirmation of Polish citizenship for a minor
• Polish citizenship confirmation for a child born outside Poland
• Confirmation of Polish citizenship step by step
• Is a Polish birth certificate proof of citizenship?
• What is the waiting time for confirmation of Polish citizenship?
• Steps and Requirements – confirmation of Polish citizenship
• Attorney for citizenship confirmation

We will be happy to confirm Your Polish citizenship

So, does Magda’s client’s child have to be born in Poland to have Polish citizenship?

NO. Polish citizenship is acquired by ius sanguinis. This means that a minor child acquires Polish citizenship by birth if at least one of the parents is a Polish citizen. In this case, the minor will acquire Polish citizenship by operation of law, regardless of the parents’ wishes and the country of birth.

Therefore, if the client has Polish citizenship, her child will also be a Polish citizen, regardless of the country of birth.

However, the acquisition of citizenship of the country of birth by a child born abroad is subject to the internal law of that country.

Poland allows for the possibility of having several citizenships – not only dual citizenship, but even more. This means that a child may have Polish citizenship and, at the same time, the citizenship of other countries, if the law of those countries allows it.

A child may obtain multiple citizenships. The following situations are examples of this:

–   At least one of the parents is a Polish citizen and the child is born in a country where the so-called ‘jus soli’ (right of the soil) applies, for example the USA – provided that the other country also recognises dual citizenship.

– One of the parents is a Polish citizen and the other parent is a citizen of another country which also applies the right of blood and recognises dual citizenship, for example the United Kingdom.

Polish citizenship – because identity matters

However, it should be remembered that, in accordance with the Polish Citizenship Act, a Polish citizen who also holds the citizenship of another country has the same rights and obligations towards Poland as a person who holds only Polish citizenship. A Polish citizen may not invoke their dual citizenship of another country and the rights and obligations arising therefrom with legal effect vis-à-vis the Polish authorities.

If the child’s father is the only Polish citizen and the parents were not married, it is important to remember to confirm paternity (e.g. by recognising the child) before the child reaches the age of 1. In this case, the minor will automatically acquire citizenship.

However, if the child was born abroad before 15 August 2012 and at least one of their parents has Polish citizenship and the parents did not choose foreign citizenship for the child, then the parent must submit an application for confirmation of Polish citizenship on behalf of the child in order to confirm the child’s Polish citizenship.