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Austria's naming customs are typically German, with names usually derived from Biblical names, such as Josef (Joseph), or from the names of saints, such as Joannes (Joan). With the Reformation, Austrian naming trends shifted towards names from the Old and New Testaments, such as Enoch, Abraham, Rebekka, Esther, Lea, and Salome. If you are considering giving your child an American first name in Austria, it is important to note that there may be specific requirements and restrictions, especially if you intend to acquire Austrian citizenship for your child.
| Characteristics | Values |
|---|---|
| Austrian citizenship by descent | Depends on whether at least one parent is an Austrian citizen |
| Austrian citizenship law on dual citizenship | Does not permit dual or multiple citizenship |
| US citizenship for a child born to two US citizens outside the US | Entitled to citizenship if one parent has been resident in the US or its outlying possessions |
| US citizenship for a child born to one US citizen parent and one non-US citizen parent outside the US | Entitled to citizenship if the US citizen parent has been physically present in the US or its outlying possessions for five years, at least two of which were after the age of 14 |
| US citizenship for a child born out of wedlock to a US citizen mother outside the US | Entitled to US citizenship if the US citizen mother has been physically present in the US for a continuous period of at least one year |
| US citizenship for a child born out of wedlock to a US citizen father outside the US | Entitled to US citizenship if the conditions for children born in wedlock to one US citizen and one non-US citizen parent are met, and the father provides a sworn statement agreeing to provide financial support for the child until they turn 18 |
| Austrian naming customs | Typically German; considerable groups of Turkish, Serbian, Croatian, Slovenian, and Hungarian ethnic groups follow naming traditions of their own cultures |
What You'll Learn
Austrian citizenship law and dual citizenship
Austrian citizenship is based on the principle of descent, i.e., having an Austrian parent. If a child is born to married parents, and at least one of them is an Austrian citizen, then the child is an Austrian citizen by birth. If the parents are unmarried, the child will be an Austrian citizen by birth only if the mother is Austrian. If the father is Austrian and the parents are not married, he must recognize paternity for the child to acquire Austrian citizenship.
In cases where the parents are not married at the time of birth but marry when the child is a minor, the father must have Austrian citizenship at the time of the marriage. If the child is already 14 years old at the time of the marriage, the child and the custodial parent must consent to the acquisition of Austrian citizenship within three years of the marriage.
If a child acquires Austrian citizenship at birth, in addition to the citizenship of another country—for example, by descent from a parent of another nationality or by the country-of-birth principle—then Austrian citizenship is not lost, and the child has dual citizenship. Under Austrian law, the child does not have to choose one nationality when they reach adulthood. However, the other country might require such a decision.
In general, Austrian citizenship law does not permit dual citizenship. Anyone who voluntarily acquires a foreign citizenship thereby loses Austrian citizenship unless they have applied for a permit of retention beforehand. Persons applying for Austrian citizenship are also usually required to give up their previous citizenship, unless it is impossible or unreasonable for them to do so.
There are some exceptions to the rule against dual citizenship. For example, victims of the National Socialist regime and their direct descendants can acquire Austrian citizenship without having to give up their current citizenship or nationality. Another exception is for individuals acquiring Austrian citizenship by being appointed a professor at an Austrian university.
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Registration of a child born in the US with Austrian nationality
If your child is born in the US and is entitled to Austrian nationality, you will need to register them with the local Office of Vital Statistics. Once the local birth certificate has been issued, you can submit it to the Austrian Embassy in Washington to enter the child's data into the Austrian Civil Status Registry and Citizenship Registry. After this process is complete, you can submit applications for the child's citizenship certificate and/or travel documents.
Documents required for registration:
- Birth certificate of the child: In the case of US birth certificates, the city of birth (not just the county) must be listed. This is usually referred to as a "long form" or a "book copy".
- Birth certificate of both parents: The Austrian parent's birth certificate must be presented with an apostille or diplomatic certification, if applicable.
- US passport of the child (if already issued)
- Passports of parents
- Green Card or US Visa of the Austrian parent
- Certificate of citizenship of the Austrian parent
- Marriage certificate of the parents (if applicable) with apostille or diplomatic certification
- Proof of residency of one parent (e.g., driver's license, apartment lease, utility bill)
Austrian Citizenship by Descent
Austrian citizenship is based on the principle of descent, i.e., having an Austrian parent. The conditions for acquiring Austrian citizenship at birth by descent depend on the citizenship law applicable at the time of birth and the marital status of the parents.
Name Compatibility with Austrian Law
If the name on the foreign birth certificate is compatible with Austrian law, it may be entered into Austrian registries and documents without any changes. If the name is not compatible, and the birth certificate was issued by an EU member state, the parents can explicitly state their wish to keep the name, provided they can submit proof of a close connection to the country of birth and the name complies with the law on the abolition of titles and privileges of nobility.
If the birth certificate was issued by a non-EU country, the Embassy or Consulate will provide information on how to proceed.
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Austrian naming customs and traditions
Austria uses similar naming conventions to English-speaking countries. Some Austrians have two personal names (a first name and a middle name) and a family name, for example, Julia Anja Bauer. Surnames are passed down through the father's lineage, and after marriage, a couple can either choose to adopt the surname of the groom or select a new surname altogether. The partner who changes their surname can use their maiden name alongside their partner's surname, connected with a hyphen (e.g. Julia Anja Bauer-Schmidt).
In the past, it was a popular naming tradition to name the firstborn son after the father. In rural areas, this tradition continues but has largely shifted to the middle name. Children may also be given middle names derived from their mother or other relatives' names.
German families often used the following pattern for naming children:
4th father's father's father
4th father's father's mother
5th mother's father's father
5th mother's father's mother
6th father's mother's father
6th father's mother's mother
7th mother's mother's father
7th mother's mother's mother
German given names are usually derived from Biblical names, such as Josef (Joseph); from the names of saints, such as Joannes (Joan); or from Old German, such as Siegfried. With the Reformation, the Protestant territories started to frown upon the practice of giving children the names of saints. The trend shifted towards choosing names from the Old and New Testaments, such as Enoch, Abraham, Rebekka, Esther, Lea, and Salome.
When baptised, children were usually given two or more given names. The name they went by could vary by location and time period. In many areas, however, it was common for the child to be called by their second name. For example, if the first two males born in a family were named Johann Christoph and Johann Friedrich, they would usually be called Christoph and Friedrich.
If an elder child died young, the parents frequently reused the deceased child's exact name for the next-born child of the same gender. German naming traditions also include the use of diminutive endings, such as "-chen" and "-lein", meaning "little". Gretchen, for instance, could be translated as little Greta (Margret).
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US citizenship for a child born to US citizens outside the US
If your child was born outside the US and you are a US citizen, your child may automatically be a US citizen by birth or can be eligible to become a US citizen. The exact requirements depend on whether the parents are married, and whether one or both parents are US citizens.
If the parents are married
For your child to be a US citizen by birth, at least one parent must be a US citizen, and that US citizen parent must have lived in the US for a period of time. Specifically, the US citizen parent must have:
- Been physically present in the US or its outlying possessions for a continuous period of at least 1 year.
- Been physically present in the US for at least 5 years, including at least 2 years after the age of 14.
If only one of the parents is a US citizen
If the parents are not married and only one of them is a US citizen, then the child will be a US citizen if the mother is the US citizen. If only the father is a US citizen, he will have to recognize paternity for the child to acquire US citizenship.
If the parents are not married but marry before the child turns 18
If the parents marry when the child is a minor, the child will be a US citizen if the father is a US citizen at the time of the marriage.
Applying for US citizenship
If your child is not automatically a US citizen by birth, they may still be eligible to become a US citizen. There are two ways to obtain citizenship through US citizen parents: at birth, and after birth but before the age of 18.
To apply for a US passport, you will need:
- Your child's foreign birth record, showing the parents' names.
- Evidence of a parent's US citizenship.
- The parents' marriage certificate, if applicable.
- A statement from the US citizen parent(s) listing where and when they lived in the US and abroad before the child's birth.
Alternatively, you can apply for a Certificate of Citizenship by submitting Form N-600.
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US citizenship for a child born to one US citizen parent and one non-US citizen parent
If your child is born outside the US to one US citizen parent and one non-US citizen parent, they may acquire US citizenship at birth if the following conditions are met:
- The US citizen parent was physically present in the US or one of its outlying possessions for a continuous period of 1 year.
- The child's US citizen parent was the genetic or gestational parent and the legal parent of the child under local law at the time and place of the child's birth.
- The child is unmarried.
If the above conditions are met, the child is a US citizen at birth and you can obtain a US passport for them. However, if the US citizen parent has not met the physical presence requirements, there are additional steps you can take to establish your child's citizenship:
- File a Consular Report of Birth Abroad (CRBA) with the nearest US embassy or consulate. The CRBA serves as proof of the child's US citizenship and facilitates obtaining a US passport.
- Apply for a Certificate of Citizenship by submitting Form N-600. This document also serves as proof of US citizenship.
It is important to note that the requirements for establishing US citizenship for a child born abroad may vary depending on factors such as the marital status of the parents and the gender of the US citizen parent. Additionally, the laws have changed over the years, so it is recommended to consult official sources or seek legal advice for the most up-to-date and accurate information regarding your specific situation.
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Frequently asked questions
Yes, you can use your child's American first name in Austria as long as it is compatible with Austrian law and meets the naming conventions of the country.
If your child's American first name is not compatible with Austrian law, you may still be able to use it in certain cases. This includes situations where the birth certificate was issued by an EU member state, you explicitly state your wish to use the name, your child has not yet been registered in Austria, or you can provide proof of a close connection to the country of birth.
Austrian naming conventions are typically German, as Austrians were historically regarded as ethnic Germans. However, there are also considerable groups of Turkish, Serbian, Croatian, Slovenian, and Hungarian people in Austria who follow their own cultural naming traditions.
To register your child's American first name in Austria, you will need to follow the appropriate legal procedures. This may involve submitting documentation such as birth certificates, passports, and proof of residency to the local authorities or the Austrian embassy or consulate.
The documents required to register your child's American first name in Austria may include the child's birth certificate, your own birth certificates as parents, the child's US passport (if issued), your passports as parents, proof of residency, and, if applicable, marriage certificates and proof of Austrian citizenship for either parent.
