Adopting A Child: Austrian Citizenship Options For Parents

Austrian citizenship is based on the principle of descent, meaning that citizenship is acquired through Austrian parents. Adopted children can acquire Austrian citizenship if the adopting parent is an Austrian national. This acquisition is effective from the time the adoptive relationship is legally established. In October 2019, the Austrian parliament amended the Austrian Citizenship Act to allow victims of the National Socialist regime and their descendants to acquire Austrian citizenship by means of a declaration, without having to give up their current citizenship.

Austrian citizenship by descent

If the parents are not married and the father is the Austrian citizen, he must legally acknowledge paternity within eight weeks of the child's birth for the child to gain citizenship. If the father acknowledges paternity after this eight-week period, the child may still be awarded Austrian citizenship but through a simplified procedure.

Adopted children can acquire Austrian citizenship if the adopting parent is an Austrian national. This acquisition is effective from the time the adoption is legally established.

In addition, Austria allows victims of the Nazi regime and their descendants to apply for citizenship. This includes all direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor.

Austrian citizenship by award

To be eligible for Austrian citizenship by award, individuals must typically reside in Austria for a certain period. The standard requirement is 10 years of continuous residence, but there are several exceptions to this rule:

• Recognised refugees (10 years)
• Citizens of other European Economic Area nations (6 years)
• Persons born in Austria
• Former citizens of Austria
• Persons with a knowledge of the German language at level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence)
• Individuals who have lived in Austria for 30 years, or 15+ years in cases of 'sustained personal and occupational integration'
• Former Austrian citizens who lost citizenship (except by renunciation or deprivation) can regain citizenship after 1 year's residence in Austria, provided they had possessed Austrian citizenship for 10 years previously
• Stateless persons born in Austria may be granted citizenship within two years of turning 18 if they have lived in Austria for a total of 10 years, including 5 years continuously before the application
• Victims of National Socialism and their descendants, including those adopted as minors, can have their citizenship restored, while retaining any other citizenship they have since acquired

In addition to residence requirements, applicants for Austrian citizenship by award must typically fulfil other criteria, such as knowledge of the German language, proof of financial stability, and a clean criminal record.

It is important to note that Austrian law generally restricts dual citizenship, and individuals acquiring Austrian citizenship are usually expected to relinquish any other nationality. However, there are certain exceptions to this rule, including for descendants of victims of Nazi persecution, who have been entitled to claim Austrian citizenship without renouncing their current citizenship since legal amendments in 2020 and 2022.

Austrian citizenship for children of unmarried parents

Austrian citizenship is based on the principle of descent, i.e., having at least one Austrian parent. Whether a child acquires Austrian citizenship does not depend on the place of birth. Instead, it is determined by the citizenship law applicable at the time of their birth.

If the parents are married at the time of the child's birth, and the child was born on or after 1 September 1983, at least one parent must be an Austrian citizen. For children born before this date, only the father needed to be an Austrian citizen.

If the parents are not married at the time of birth, the mother must be an Austrian citizen. If the mother is not an Austrian citizen and the child was born on or after 1 August 2013, the father must be an Austrian citizen and acknowledge paternity before the birth or within eight weeks of the birth. Alternatively, paternity can be established by a court within eight weeks of the birth. In cases where paternity is acknowledged later than eight weeks after birth or is established by a court, the child can acquire Austrian citizenship by conferral under simplified conditions.

If the parents marry when the child is still a minor, and the father has Austrian citizenship at the time, the child can acquire Austrian citizenship by legitimation. If the child is already 14 years old at the time of the marriage, the child and the persons with custody must consent to the acquisition within three years of the marriage.

If the parents are of different nationalities and the non-Austrian parent's country of citizenship also foresees a jus sanguinis (like Austria), the child will have dual citizenship. According to Austrian law, the child does not have to choose between the two nationalities upon becoming an adult, but the other state might require such a decision.

Austrian citizenship for children of same-sex couples

Austrian citizenship is based on the principle of descent, i.e., descent from an Austrian parent. The requirements for citizenship by descent vary depending on the marital status of the parents and the timing of the father's acknowledgment of paternity. Here is a detailed guide on Austrian citizenship for children of same-sex couples:

If Both Parents Are Austrian Nationals:

Children automatically acquire Austrian citizenship at birth if both parents are Austrian nationals, regardless of their marital status or the place of birth.

If One Parent Is an Austrian National:

If only one parent is an Austrian citizen, the situation is more complex. Let's go through the scenarios for each parent:

Austrian Father:

If the parents are married, the child will be granted Austrian citizenship. If the parents are not married, the father must legally acknowledge paternity within eight weeks of the child's birth for the child to acquire Austrian citizenship. This applies even if the mother is a foreign national. In cases where paternity is acknowledged after eight weeks or established by a court, the child may still be awarded Austrian citizenship through a simplified procedure.

Austrian Mother:

If the mother is the Austrian citizen and the parents are married, the child will automatically receive Austrian citizenship. However, if the parents are not married, the child does not acquire Austrian citizenship by descent.

Adoption:

If a child is adopted by an Austrian national, they can acquire Austrian citizenship. This acquisition is effective from the time the adoptive relationship is legally established.

Same-Sex Couples:

Austria recognizes same-sex marriage. Therefore, if one parent is an Austrian citizen and the couple is married, their children will be granted Austrian citizenship, regardless of the other parent's nationality. If the couple is not married, the same rules for unmarried opposite-sex couples would apply, as outlined above.

It is important to note that Austrian law restricts dual citizenship, and generally, individuals are expected to relinquish any other nationality upon acquiring Austrian citizenship. However, there are exceptions to this rule, such as for descendants of victims of Nazi persecution, who can claim Austrian citizenship without renouncing their current citizenship.

Austrian citizenship for descendants of Nazi victims

Austrian citizenship is based on the principle of descent, meaning that a child acquires citizenship if at least one parent is an Austrian citizen. If the parents are married, the child acquires Austrian citizenship if either parent is a citizen. If the parents are unmarried, the child acquires citizenship if the mother is a citizen, or if the father is a citizen and he acknowledges paternity before the birth or within eight weeks of the birth. In cases where paternity is acknowledged later than eight weeks after birth, children can acquire Austrian citizenship by conferral under simplified conditions.

As part of its reparative responsibility, Austria allows victims of the Nazi regime and their descendants to apply for citizenship. § 58 (c) of the Austrian Citizenship Act, amended in September 2020 and May 2022, addresses Austria’s historic responsibility for its part in the acts committed during the Nazi regime. The government provides reparations to persons persecuted by this regime and to their descendants by allowing them to apply for Austrian citizenship by descent.

All direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor are eligible to apply for Austrian citizenship. Applicants may apply for Austrian citizenship by descent if one of the following cases applies to the relevant ancestor:

• The ancestor was a citizen of one of the successor states of the former Austro–Hungarian monarchy (e.g. Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes)
• The ancestor lost Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria, and they primarily resided in Austria before 15 May 1955, leaving the country because they suffered or feared persecution by the Nazi regime, including persecution for their support of the democratic Republic of Austria
• The ancestor was an Austrian citizen but did not primarily reside in Austria between 30 January 1933 and 9 May 1945 for fear of persecution by the Nazi regime or because of their support for the Republic of Austria
• The ancestor was an Austrian citizen who was deported from Austria by the Nazi regime before 9 May 1945 or was killed by the regime (including being killed for their support of the Republic of Austria). 'Killing' in this context includes death as a result of being denied or failing to be provided with medical care and sufficient food or due to injuries that arose from torture
• The ancestor was a stateless person or a citizen of one of the successor states of the former Austro–Hungarian monarchy, who primarily resided in Austria before 9 May 1945, and was either deported from Austria or killed by the regime (including being killed for their support of the Republic of Austria), either as a result of active killing or death by being denied or failing to be provided with medical care and sufficient food or due to injuries that arose from torture

To apply for Austrian citizenship, applicants must file an Anzeige (declaration) along with mandatory apostilled supporting documents. The Austrian provincial government requires applicants to submit the following documents:

• Current passport photograph (not older than six months), complying with the Austrian photograph criteria
• Marriage and divorce certificate, if applicable, in case the original surname was changed
• Certificate of change of name, if applicable
• Criminal record from the country of residence, not older than eight months (for US residents, this document must be issued by the FBI)
• Birth certificate of the persecuted ancestor (if available)
• Marriage certificate of the persecuted ancestor (if available)
• Evidence that the ancestor was persecuted (if available). The birth certificate is usually sufficient evidence for Jewish persons
• Evidence that the persecuted ancestor was residing in Austria (in case they were a citizen of one of the successor states of the Austro–Hungarian monarchy)
• In case of flight: Evidence that the ancestor fled from Austria (for example, passenger lists)
• In case of deportation: Evidence that the ancestor was deported by the Nazi regime
• In case the ancestor was killed by the Nazi regime: Death certificate or other evidence

Frequently asked questions