Roughly 35 countries in the world grant citizenship automatically to anyone born on their territory, and the list of birthright citizenship countries is heavily concentrated in the Americas and the Caribbean, with a small number in Africa and the Pacific. Everywhere else, citizenship at birth either requires a parent to meet residency or legal-status conditions, or it passes only through the nationality of the parents.
The Two Systems Countries Use
Citizenship at birth follows one of two principles. Jus soli, “right of the soil,” ties citizenship to the place of birth: if you’re born on the country’s territory, you’re a citizen. Jus sanguinis, “right of blood,” ties it to the parents: what matters is whether the mother or father was a citizen, not where the delivery happened.
Most of Europe, Asia, and the Middle East use jus sanguinis, sometimes alongside a limited jus soli that only activates when parents meet a residency threshold. Unconditional jus soli has grown rare outside the Western Hemisphere. Several countries that once granted it without conditions have narrowed the rule in recent decades, including the United Kingdom in 1983, Australia in 1986, India in 2004, and Ireland in 2005.
Countries That Grant Citizenship to Anyone Born on Their Soil
In the following countries, being born on the territory makes you a citizen, with narrow exceptions typically limited to the children of foreign diplomats or occupying hostile forces. The birth certificate issued by the local registry or hospital serves as proof; there is no separate application.
North and Central America
United States, Canada, Mexico, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.
South America
Argentina, Bolivia, Brazil, Chile, Ecuador, Guyana, Paraguay, Peru, Uruguay, and Venezuela.
Caribbean
Antigua and Barbuda, Barbados, Cuba, Dominica, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago.
Africa and Pacific
Chad, Lesotho, Tanzania, Fiji, and Tuvalu.
The constitutional language across these countries is remarkably similar. Brazil’s constitution grants citizenship to anyone born on its territory unless both parents were serving a foreign government at the time of birth.1Constitute Project. Brazil 1988 (Rev. 2017) Constitution Argentina’s citizenship statute uses nearly identical logic, covering every person born in its territory regardless of parental nationality, with the same diplomatic exception.2United Nations. Argentina – Act No. 346 Concerning Argentine Citizenship Canada’s Citizenship Act follows the same pattern: birth on Canadian soil confers citizenship unless a parent held diplomatic privileges for a foreign government.3Justice Laws Website. Citizenship Act – Section 3
Where the U.S. Rule Currently Stands
The Fourteenth Amendment, ratified in 1868, declares that all persons born in the United States and subject to its jurisdiction are citizens.4Congress.gov. U.S. Constitution – Fourteenth Amendment The Supreme Court has read “subject to the jurisdiction thereof” to exclude only a narrow set of people: children of foreign diplomats, children born to enemy forces during a hostile occupation, and historically members of certain tribal nations, a gap Congress closed by separate legislation. The foundational case, United States v. Wong Kim Ark (1898), held that a child born in the United States to Chinese parents who were themselves ineligible for naturalization was nonetheless a U.S. citizen by birth.5Congress.gov. Amdt14.S1.1.2 Citizenship Clause Doctrine
That rule is now the subject of active litigation. An executive order signed on January 20, 2025 directed federal agencies to stop issuing citizenship documents for two categories of children born in the United States: those whose mothers were unlawfully present and whose fathers were not citizens or lawful permanent residents, and those whose mothers had only temporary legal status and whose fathers were not citizens or lawful permanent residents.6The White House. Protecting the Meaning and Value of American Citizenship District courts in New Hampshire, Washington State, Massachusetts, and Maryland enjoined the order. The Ninth Circuit wrote that “the Judiciary, Congress, and the Executive Branch have consistently and uniformly protected the Citizenship Clause’s explicit guarantee of birthright citizenship regardless of the immigration status of an individual’s parents.”7Congress.gov. Birthright Citizenship: Litigation Status Update
The Supreme Court granted certiorari in Barbara v. Trump and heard oral arguments on April 1, 2026, with a ruling expected during the current term.7Congress.gov. Birthright Citizenship: Litigation Status Update Until the Court decides, the Fourteenth Amendment’s text and the century-plus of precedent behind it remain the governing law.
Countries That Grant Birthright Citizenship With Conditions
A larger group of countries offers a modified version: being born on the soil counts, but only if a parent meets residency or legal-status requirements.
United Kingdom
A child born in the UK is British at birth only if at least one parent is a British citizen or is “settled” in the country, meaning they hold permanent residency.8Legislation.gov.uk. British Nationality Act 1981 – Section 1 Before 1983, birth on British soil was enough on its own. Children who don’t qualify at birth can register later; the fee is £1,214 for applicants under 18, plus £130 for a citizenship ceremony if the applicant turns 18 during the process.9GOV.UK. Apply for Citizenship if You Were Born in the UK
Germany
Germany added a form of birthright citizenship in 2000, layered on top of its traditional descent-based system. A child born in Germany to non-German parents acquires citizenship at birth if one parent has been legally resident for at least five years and holds a permanent right of residence. The residency requirement was originally eight years and was reduced to five under a 2024 reform.10Federal Ministry of the Interior. Nationality Law
France
France defers the question. A child born in France to foreign parents is not French at birth. French nationality can be claimed at 18 if the person still lives in France and has resided there for at least five years since turning 11. Parents can request it on behalf of a child as young as 13 who has lived in France since age 8, and teenagers aged 16 and 17 can file the request themselves under the same five-year residency rule.11Service-Public.fr. French Nationality of a Child Born in France to Foreign Parents
Ireland
Ireland changed course sharply. Until 2005, anyone born on the island of Ireland was automatically Irish. A 2004 referendum amended the constitution to require that at least one parent be an Irish or British citizen, hold an unrestricted right to reside in Ireland, or have been legally resident on the island for three of the four years immediately before the child’s birth. Time spent on a student visa or while awaiting a decision on an asylum claim doesn’t count.12Citizens Information. Entitlement to Irish Citizenship
Australia
A child born in Australia becomes a citizen at birth only if at least one parent is an Australian citizen or permanent resident. Children who don’t meet that threshold but continue to live in Australia can acquire citizenship on their tenth birthday, which functions as a safety net against statelessness for long-term residents.
Countries That Grant No Birthright Citizenship
Most of Asia, the Middle East, and much of Europe grant citizenship only through parentage. Being born in these countries to foreign parents opens no path to citizenship on its own.
Japan’s Nationality Act is a clear example: a child acquires Japanese citizenship only if the father or mother is Japanese at the time of birth. The single exception covers children born in Japan whose parents are both unknown or stateless.13Japanese Law Translation. Nationality Act – Article 2 South Korea uses nearly identical logic, granting citizenship at birth only when a parent is a Korean national.14Korea Legislation Research Institute. Nationality Act – Article 2
The practical effect is that a child born to foreign workers in these countries remains a foreign national, needs their own visa to stay, and has no automatic access to national benefits. A person can live an entire life in one of these countries without becoming eligible for citizenship unless they complete a naturalization process that often takes decades.
Many Middle Eastern countries add a further restriction: citizenship traditionally passes through the father. A child born to a citizen mother and a foreign father can face significant obstacles to obtaining national identity documents, regardless of where the birth occurred. Naturalization in these systems is typically reserved for cases involving exceptional service to the state.