Herkunftsarten

Herkunftsarten, also known as origin types, are a classification system used in German law to determine the legal status of a person's birthplace. This system is particularly relevant for the purposes of citizenship and residence law. There are three main Herkunftsarten: Mutterrecht, Vaterrecht, and Staatsangehörigkeit.

Mutterrecht refers to the legal status derived from the mother's citizenship. If a child is born to a German mother, the child is considered to have Mutterrecht and is eligible for German citizenship under certain conditions. This is often the case when the mother is a German citizen or has a long-term residence permit in Germany.

Vaterrecht, on the other hand, refers to the legal status derived from the father's citizenship. If a child is born to a German father, the child is considered to have Vaterrecht. This can also lead to German citizenship, provided the father has a long-term residence permit or is a German citizen.

Staatsangehörigkeit refers to the legal status derived from the child's birthplace. If a child is born in Germany, they are considered to have Staatsangehörigkeit and are eligible for German citizenship, provided they meet the necessary conditions.

The Herkunftsarten system is designed to ensure that children born to foreign parents who have a long-term residence in Germany are not automatically denied German citizenship. It aims to balance the interests of both the child and the state, ensuring that citizenship is granted in a fair and consistent manner.