Who is § 5 StAG for?
§ 5 StAG is designed for people who would have acquired German citizenship by descent had German law not discriminated on the basis of sex. This applies most frequently to: descendants of a German mother who married a non-German man between 1 January 1914 and 31 March 1953, during which period German law automatically stripped women of their citizenship upon such a marriage; descendants of a German father who was not married to a non-German mother at the time of the child's birth; and descendants of people who lost citizenship under earlier provisions of the law that no longer apply. The key principle is that a break in the chain of descent occurred solely because of a rule that would now be considered discriminatory. § 5 StAG exists to repair that break.
The Declaration Process
How to make a formal declaration of German citizenship entitlement
Once you have assembled your evidence and confirmed eligibility, you submit a formal declaration (Erklärung) to the competent authority — either a German diplomatic mission if you live outside Germany, or the relevant Staatsangehörigkeitsbehörde if you live in Germany. The authority reviews your documentation and, if satisfied, issues a certificate of citizenship (Staatsangehörigkeitsausweis). There is no discretion involved: if you meet the legal requirements, you are entitled to citizenship.
The process is straightforward in principle, but the evidentiary and legal analysis required to establish eligibility can be complex. Many families have incomplete records, and understanding which version of the law applied at the relevant time requires specialist knowledge.
Citizenship by Declaration (§ 5 StAG)
Reclaiming citizenship lost through gender discrimination in German law
Section 5 of the Staatsangehörigkeitsgesetz (StAG) provides a route to citizenship by declaration for descendants whose German citizenship was lost due to gender-based rules — where citizenship passed through the father but not the mother. It is not an application for naturalisation. It is a formal declaration that you are entitled to citizenship that should rightfully have been yours.
What You Need to Show
Proven Line of Descent
You must establish a direct line of descent from a German citizen, supported by birth and marriage certificates for each generation.
A Discriminatory Break
The break in the citizenship chain must have been caused specifically by a gender-based or marital status rule — not another reason for loss of citizenship.
No Renunciation Required
§ 5 StAG does not require you to give up your current nationality. You can hold German citizenship alongside your existing passport.
Entitlement, Not Discretion
If you meet the legal requirements, you are entitled to citizenship. The authority has no discretion to refuse — this is a right, not a favour.
How the Declaration Process Works
We analyse your family history to determine whether the break in the citizenship chain was caused by a discriminatory rule under § 5 StAG, and confirm your eligibility to make a declaration.
Eligibility Assessment
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Gather Documentary Evidence
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We help you locate and obtain birth certificates, marriage certificates, and documentation of your ancestor's German citizenship — such as a German passport, identity document, or registration record.
You submit a formal declaration (Erklärung) to the competent authority — the German diplomatic mission if you are abroad, or the Staatsangehörigkeitsbehörde if you are in Germany.
Submit the Declaration
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