Jus soli, or birthright citizenship based on place of birth, is traditionally contrasted with jus sanguinis, nationality transmitted through parentage. French nationality law combines both approaches.
Does birth in France automatically make a child French?
No. Unlike the system often associated with the United States, being born in France does not automatically make every child a French national.
Double jus soli
Under Article 19-3 of the French Civil Code, a child born in France is French at birth if at least one parent was also born in France, subject to the statutory rules and exceptions. This is commonly known as double jus soli.
Automatic acquisition at age 18
Under Article 21-7 of the Civil Code, a child born in France to foreign parents may automatically acquire French nationality at the age of 18 if they are living in France at that age and have been habitually resident in France for the required period since the age of 11.
Early declaration from age 16
A minor born in France to foreign parents may, from the age of 16, claim French nationality by declaration if the residence conditions laid down by Article 21-11 are satisfied.
Declaration by the parents from age 13
From the age of 13, the child's legal representative may make the declaration on the child's behalf, with the child's consent, provided the relevant residence requirements have been met from the age specified by the Civil Code.
A specific regime in Mayotte
French nationality law contains additional conditions in Mayotte. Since the 2018 reform, the application of certain jus soli rules there depends on the lawful residence of at least one parent for the statutory period at the time of the child's birth.
These rules make nationality acquisition through birth in France more restrictive in Mayotte than in mainland France.
Key point
France does not operate a simple unconditional birthright-citizenship system. Nationality may arise at birth through double jus soli or later through statutory residence-based mechanisms.
Fazolo Avocats advises on French nationality applications and declarations.
