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Notes and Citations Regarding Birthright Citizenship Laws

 

United States: In addition to the misinterpretation of the 14th Amendment, 8 U.S.C. § 1401 : US Code - Section 1401 (1952) says the following: The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof;.. Source.

 

Countries that have recently abandoned jus soli (birthright citizenship):

  • Australia: Australia citizenship was created in 1948, coming into force in 1949. Prior to this Royal Assent, all Australians were British subjects. In 2007, the Australian Citizenship Act 2007 received Royal Assent, allowing it to become law. Section 12 of the 2007 Act says the following: A person born in Australia is an Australian citizen if and only if: a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born;... Source.
  • New Zealand: As with Australian citizenship, New Zealand citizenship was only created in 1948, coming into force in 1949. In 2005, the Citizenship Act 1977 was amended by the Citizenship (Amendment) Act 2005, which says: "(1) Subject to subsection (2), a person is a New Zealand citizen by birth if--- (a) the person was born in New Zealand on or after 1 January 1949 and before 1 January 2006; or (b) the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was--- (i) a New Zealand citizen;... Source.
  • Ireland: Ireland was the last remaining country in Europe to grant birthright citizenship. The Irish Nationality and Citizenship Act 2004 repealed the birthright citizenship by codifying the following: 6A.—(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. (2) This section does not apply to— (b) a person born in the island of Ireland— (i) to parents at least one of whom was at the time of the person's birth an Irish citizen or entitled to be an Irish citizen,... Source.
  • India: The Citizenship Act 1986 amended the Citizenship Act 1955 by adding the following: (1)Except as provided in sub-section (2), every person born in India,— (a) on or after the 26th day of January, 1950, but before the commencement of the Citizenship (Amendment) Act, 1986; b) on or after such commencement and either of whose parents is a citizen of India at the time of his birth, shall be a citizen of India by birth. Source (pdf).
  • Malta: The Maltese Citizenship Act of 1965 as amended by the Maltese Citizenship Act of 1989 contains the following: Provided further that in the case of a person born on or after the 1st August, 1989 such person shall not become a citizen of Malta by virtue of this sub-article unless at the time of his birth, his father or his mother was or is: (a) a citizen of Malta;... Source.
  • United Kingdom: The British Nationality Act 1981 contains the following: A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom... Source.
  • Portugal: According to Article 1 of Act No. 37/81 (1981), the following categories are of Portuguese origin— c. Children born in Portugal of foreign parents whose normal place of residence has been in Portugal for at least six years if they are nationals of a country whose official language is Portuguese or, in other cases for a period of at least ten years, and who are not civil servants of a foreign country, in condition that they make a declaration desiring to acquire the Portuguese nationality.... Source.
  • France: France's 1993 citizenship and nationality reform (known as the Méhaignerie Act, after Pierre Méhaignerie) changed French law to no longer confer citizenship upon the children of non-citizens at birth. Instead, individuals born in France to non-citizens must request French citizenship when they come of age (16 in France). Source.

 

Countries that have retained jus soli (birthright citizenship):



Countries without jus soli: