Declaring A Birth: Austrian Consulate Requirements And Procedures

If you are a parent seeking to declare the birth of your child at the Austrian consulate, there are a number of steps you must follow. First, you must determine whether your child is eligible for Austrian citizenship. If they are, you will need to gather the necessary documents, which may include birth certificates for both you and your child, marriage certificates, and proof of paternity. You will then need to schedule an appointment at the Austrian consulate or embassy and submit your application for citizenship in person. It is important to ensure that your application is complete and accurate to avoid any delays in the process.

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Child's Austrian birth certificate

If your child is entitled to Austrian nationality and born outside of Austria, you must first register them with the local Office of Vital Statistics. Once the local birth certificate has been issued, it can be submitted to the Austrian Embassy for the child’s data to be entered into the Austrian Civil Status Registry and Citizenship Registry.

If the child is born in Austria, the birth must be reported within one week. Typically, this is done by the head of the hospital, doctor, or midwife, but parents can also make the notification if necessary. After the birth has been reported, the birth certificate is issued at the registry office of the place of birth. This is usually handed over in person. The birth certificate will include the child's name, the names of the parents, the gender, the date and time of birth, and the place of birth.

If the child's name is not compatible with Austrian law, it may still be entered into Austrian registries and documents without any changes if:

• The birth certificate was issued by an EU member state
• The parents state their wish explicitly
• The child has not yet been registered in Austria
• The parents can submit proof of a close connection to the country of birth
• The name is compatible with the law on the abolition of the titles and privileges of nobility

There are no fees for the first issue of a birth certificate, provided that the document is issued within two years of the child's birth.

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Parents' marriage certificate

If you are declaring the birth of a child at the Austrian consulate, you may need to provide the parents' marriage certificate. This is a requirement when registering a child's birth at the Austrian Registrar's Office ("Standesamt"). Both parents will also need to provide their birth certificates, authenticated with an "Apostille" or diplomatic certification.

If the parents are married and one of them is Austrian, the child will be an Austrian citizen by birth. In this case, the Austrian parent's birth certificate must be presented with an "Apostille" or diplomatic certification. If the child was born out of wedlock, the father must recognize paternity for the child to acquire Austrian citizenship.

If the child was born in wedlock but the marriage is no longer intact, you will need to provide a divorce decree and custody decision or death certificate, along with the parents' marriage certificate with an "Apostille" or diplomatic certification.

To obtain a marriage certificate, you can contact the Austrian Vital Records Office ("Standesamt") in the city where the marriage took place. Most cities have websites where you can find the contact information and request a copy of the marriage certificate. This usually requires a written request with as much information as possible, including proof of your identity. Alternatively, you can use fee-based online services like VitalChek to request marriage certificates.

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Citizenship by descent

Austrian citizenship by descent allows victims of the Nazi regime and their descendants to apply for citizenship. This is in recognition of Austria's historical responsibility towards persons persecuted by National Socialism. As a result, if you are a descendant of persecuted persons, you can apply for Austrian citizenship by descent.

According to the Austrian Citizenship Act, the Austrian diplomatic representation in the consular district where you have your main residence is responsible for your case. The declaration can be filed at your Austrian diplomatic representation, which will then forward the declaration form and the enclosed documents to MA35. The documents must be submitted in German or English, or with a German translation by a sworn and judicially certified translator.

The process for acquiring Austrian citizenship through descent takes four to six months. To be eligible, one of the following cases must apply to the relevant ancestor (who is not required to have reclaimed or regained their Austrian citizenship):

• Went abroad as Austrian citizens, citizens of one of the successor states of the former Austro-Hungarian monarchy, or as stateless persons with their main residence in the federal territory of Austria before May 15, 1955.
• Lost their Austrian citizenship shortly before leaving the country because they acquired a foreign citizenship through marriage.
• Did not have their main place of residence in Austria between January 30, 1933, and May 9, 1945, because they would have feared persecution if they returned to or entered Austria for the first time ("prevented return").
• Died due to persecution or were deported abroad before May 9, 1945.

In addition, you must provide proof of German language skills and knowledge of the democratic system of Austria, its history, and fundamental principles. You must also demonstrate a positive attitude towards the Republic of Austria and warrant that you are not a danger to public peace, order, and security.

Austrian naming conventions

In West Low German, the ending "...sch(e)" is sometimes added to surnames of women, relating to the standard High German adjective ending "...isch", which is similar to the English "...ish". For instance, 'de Smidtsche' is 'Ms Schmidt' or 'Smith' in English, but literally means 'the Smithian' (a woman pertaining to a man/family named Schmidt). Another form indicating a female bearer of a surname is the addition of a genitive 's'. For example, a daughter or wife of Mr Bäcker (Baker) would be 'Ms Bäckers' (in German without an apostrophe), indicating she is Bäcker's daughter or wife.

Children may also be given middle names derived from their mother or other female relatives. While Austrians have recently started choosing more popular English and international names, some traditional names like Anna and Lukas remain common.

If a child is born outside of Austria and their name is not compatible with Austrian law, it may still be entered into Austrian registries and documents without changes if:

• The birth certificate was issued by an EU member state
• The parents explicitly state their wish to do so
• The child has not yet been registered in Austria
• The parents can submit proof of a close connection to the country of birth
• The name complies with the law on the abolition of titles and privileges of nobility

Application for a certificate of citizenship

To apply for a certificate of Austrian citizenship, you must submit the following documents:

• A completed and signed application form.
• The applicant's original birth certificate and a copy. If the applicant is a minor (under 18), the birth certificates of both parents must also be provided, along with a marriage certificate.
• If the applicant has previously had Austrian citizenship, they must provide their original Austrian Citizenship Certificate or "Certificate of Grant of Austrian Citizenship" ("Bescheid über die Verleihung der Staatsbürgerschaft").
• If the applicant is a foreign citizen with permanent residency in Australia or New Zealand, they must provide either a "Certificate of Evidence of Resident Status" or a VEVO Entitlement Check from the Australian Department of Home Affairs, or a Denial of Citizenship from the New Zealand Department of Internal Affairs.
• If the applicant is a minor, the original Alien Registration Card (Green Card) or valid visa of the applicant and their Austrian parent must be provided.
• If the applicant is an adult who has acquired Austrian citizenship by award, they must fulfil the general requirements for naturalization and provide proof of legal and continuous residence in Austria for at least 10 years, with a minimum of 5 years holding a residence permit. They must also demonstrate sufficient earnings over a period of 36 months within the last 6 years before the time of application.
• Proof of German language skills by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG, unless German is their native language or they are attending an Austrian school.
• Proof of knowledge of the democratic system of Austria, its history, and the fundamental principles through a written examination or a degree in "History and Social Sciences" at the 8th grade level of a lower secondary school, unless they are attending an Austrian school or are under 14 years of age.

Please note that all foreign documents must be accepted with an Apostille or diplomatic legalization, and incomplete applications will not be accepted. Consular fees may apply and can be paid by cash, bank cheque, or money order.

Frequently asked questions