Naturalization by descent: In which cases is a child French?

There are several possibilities to obtain the naturalization by descent in France, in particular:

A child of whom at least one parent is French

One of the parents must have French nationality on the day of the child's birth as well as during his minority.

In such a case, a child born to French parents can become French whether born in France or abroad.

In addition, the nationality of a parent is established on the day of the child's birth and during his minority.

It should be noted that the French nationality of the child remains acquired despite his contested filiation after his majority.

When the parent loses French nationality while their child is of age, this has no effect on the nationality of the child.

The child of which one of the parents becomes French

The child can obtain naturalization by filiation when one of his parents acquires French nationality, even after birth.

In such a case, the following conditions must be met:

• the child must usually reside with his French parent or alternatively in the event of divorce
• the name of the child is indicated in the decree of naturalization or the declaration of French nationality of the parent (marriage, ascendant, brother or sister).

The child whosehis brother or sister is French

The child can acquire French nationality by naturalization by filiation of the brother or sister.

At your majority, you can make a declaration of French nationality. For this purpose, certain conditions must be met, in particular:

• You must have resided in France since the age of 6 on a usual and regular basis
• You must not have been the subject of an expulsion order or a ban on French territory still in force
• You must have completed compulsory education in France in an establishment subject to state control
• No criminal conviction.

If you meet these conditions, you must therefore contact the platform for access to French nationality which depends on the place where you live. Then you are called for an interview. This interview makes it possible to verify whether the acquisition of French nationality should be refused for unworthiness or lack of assimilation. Once the interview is complete, you can receive a receipt.

Your declaration of French nationality is registered if all the conditions are met. Finally, the prefecture gives you a copy of your declaration of French nationality.

The child was born in France to foreign parents

If both parents are foreigners, the child born in France can obtain French nationality.

• Minor aged 13 to 15 inclusive

If you are a foreigner and reside in France, you can apply for French nationality for your child.

Your child must meet the following conditions:

• Be 13 years old or 14 years old or 15 years old
• To be born in France
• Ordinarily reside in France since the age of 8
• Reside in France on the day of the declaration

Your child must indicate whether he agrees to have French nationality unless he is under guardianship or if a disability prevents him from expressing his wishes.

• Minor aged 16 to 17 inclusive

If you were born in France to foreign parents, you can apply for French nationality by declaration from the age of 16.

You must meet the following conditions:

• Be 16 or 17 years old
• To be born in France
• Have had your habitual residence in France for a continuous or discontinuous period of at least 5 years since the age of 11
• Reside in France on the day of the declaration.

In such a case, you apply for French nationality yourself by declaration. However, your legal representative takes the step if you are under guardianship or if a disability prevents you from expressing your wishes.

The procedure to follow for minors aged 13 to 17 inclusive

In these cases, you must send the request to the court or court near your home.

Thereafter, you must present the following documents:

• Declaration of French nationality in 2 copies, dated and signed by the legal representative of the minor
• Birth certificate
• Identity document (passport or residence permit)
• Recent passport photograph
• Residence permit of foreign parents or official foreign identity document
• All documents proving that the minor resides in France on the date of the declaration
• All documents proving that the minor has had his habitual residence in France for a continuous or discontinuous period of at least 5 years since the age of 8.

Depending on the child's situation, the instructing service may ask you for additional documents. Then, it sets a deadline for you to provide them. When your file is complete, you can receive a receipt.

You are invited to an interview with your child so that he can indicate whether he agrees to have French nationality.

• At 18 years

If you were born in France to foreign parents, you have the possibility of obtaining French nationality at the age of 18.

In such a case, you must meet the following 3 conditions:

• Reside in France at the age of 18
• have had your habitual residence in France for a continuous or discontinuous period of 5 years or more since the age of 11
• Your foreign relatives are not diplomatic agents or career consuls.

You do not have to take any steps to acquire French nationality because this acquisition is automatic.

However, to obtain an identity card or a passport, you must prove your French nationality.

You must therefore apply for a certificate of French nationality as soon as you turn 18.

The adoption of the child by a Frenchman

The child can obtain French nationality insofar as it is a full adoption.

In other words, if you have French nationality and you adopt a child, full adoption allows the child to obtain French nationality.

It should be noted that the adoption abroad has an effect on the nationality of the adopted child only if it corresponds to a full adoption in France.