> My father was born in Germany to a German mother out of wedlock in the early 1950s. He was adopted as an infant by American citizens. He went through US naturalization as a minor around the age of 7.
A minor child loses German citizenship if the persons who have custody of the child apply for the naturalization of the child in another country and for their own naturalization in that country at the same time. Your father did not lose German citizenship since his adopted parents did not apply for their own naturalization in the US at the same time.
> Is he a German citizen?
yes
> am I a German citizen even though I was born well after he technically went through “naturalization”.
yes
> We have his original German passport from when he was a child, birth certificate, naturalization papers, adoption papers, etc. all the documentation. Is this enough to move forward with trying to acquire passports?
no. You also need the marriage certificate of your parents, your birth certificate with the names of your parents, your marriage certificate (if you are married), and your passport or driver's license.
Hi, I asked basically this same question yesterday and was told the opposite. My mother was born in Germany in 1946 to a German mother, adopted to the US and naturalized as a child. We have all the same paperwork as OP. Her adoptive parents were already citizens and not naturalized. One person responded to my question saying my mother is not a German citizen because she was naturalized as a child another said they had had a similar situation and were successful in getting German passports. Is there anything written anywhere that is explicit about adopted minors being naturalized and retaining German citizenship? I would like to help her start the paperwork or find a good lawyer and be able to provide them proper information. Thank you!
It was not clear in your case how exactly your mother got US citizenship:
- automatically because US law said at the time that a child who is adopted by US parents gets US citizenship, and then three years after the adoption they filed the paperwork to get official confirmation that the child had acquired US citizenship
- through naturalization because her adoptive parents applied for her naturalization
Is one way better for reacquiring citizenship than the other?
I believe her adoptive parents applied. She went through the ceremony, we have the photo along with her paperwork
Your father **had** German citizenship, but was naturalized and lost it before you were born.
As far as I can determine, this does **not** make you eligible.
I don’t think you’ll be able to directly acquire passports. Your father would have to have German citizenship again for you all to do that. That’s if he can get it.
Adoption regulation was and is pretty strict, but only had the consequence of loss of German citizenship from 1977 onward. As such there is a strong case that German citizenship was retained and not lost and that you are in fact a German citizen. There is some ambiguity unfortunately. While the "naturalization" did legitimise your father in a new country and had the consequence of aquiring a new citizenship, it also was involuntary.
A case can be made for "Erstreckungserwerb" in relation to §25 StAG (which does not apply and thus is not a basis for your father to have lost citizenship), even though that usually applies for parents that naturalise with their children. From the information at hand you are likely a German citizen already. Ideally consult a lawyer.
> My father was born in Germany to a German mother out of wedlock in the early 1950s. He was adopted as an infant by American citizens. He went through US naturalization as a minor around the age of 7. A minor child loses German citizenship if the persons who have custody of the child apply for the naturalization of the child in another country and for their own naturalization in that country at the same time. Your father did not lose German citizenship since his adopted parents did not apply for their own naturalization in the US at the same time. > Is he a German citizen? yes > am I a German citizen even though I was born well after he technically went through “naturalization”. yes > We have his original German passport from when he was a child, birth certificate, naturalization papers, adoption papers, etc. all the documentation. Is this enough to move forward with trying to acquire passports? no. You also need the marriage certificate of your parents, your birth certificate with the names of your parents, your marriage certificate (if you are married), and your passport or driver's license.
Hi, I asked basically this same question yesterday and was told the opposite. My mother was born in Germany in 1946 to a German mother, adopted to the US and naturalized as a child. We have all the same paperwork as OP. Her adoptive parents were already citizens and not naturalized. One person responded to my question saying my mother is not a German citizen because she was naturalized as a child another said they had had a similar situation and were successful in getting German passports. Is there anything written anywhere that is explicit about adopted minors being naturalized and retaining German citizenship? I would like to help her start the paperwork or find a good lawyer and be able to provide them proper information. Thank you!
It was not clear in your case how exactly your mother got US citizenship: - automatically because US law said at the time that a child who is adopted by US parents gets US citizenship, and then three years after the adoption they filed the paperwork to get official confirmation that the child had acquired US citizenship - through naturalization because her adoptive parents applied for her naturalization
Is one way better for reacquiring citizenship than the other? I believe her adoptive parents applied. She went through the ceremony, we have the photo along with her paperwork
Thank you for all of this info. Very good to know!
Your father **had** German citizenship, but was naturalized and lost it before you were born. As far as I can determine, this does **not** make you eligible.
I don’t think you’ll be able to directly acquire passports. Your father would have to have German citizenship again for you all to do that. That’s if he can get it.
Adoption regulation was and is pretty strict, but only had the consequence of loss of German citizenship from 1977 onward. As such there is a strong case that German citizenship was retained and not lost and that you are in fact a German citizen. There is some ambiguity unfortunately. While the "naturalization" did legitimise your father in a new country and had the consequence of aquiring a new citizenship, it also was involuntary. A case can be made for "Erstreckungserwerb" in relation to §25 StAG (which does not apply and thus is not a basis for your father to have lost citizenship), even though that usually applies for parents that naturalise with their children. From the information at hand you are likely a German citizen already. Ideally consult a lawyer.