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Created on Wednesday, 09 May 2007 01:00

Last Updated on Friday, 28 December 2012 18:50

Denaturalizing Offspring

The BVerfG had to decide the question what happens to a child when its father loses his German citizenship on October 24, 2006 (re 2 BvR 696/04). The child derived its German citizenship from its father, who turned out not to be his biological father. Isn’t it unjustifiable to denaturalize a child?

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The child was born in Hamburg in June 1998. Her mother has Albanian citizenship and was at the time of her birth married to a German citizen. With a final decision, the AG determined in November 1999 determined that the suing father failed the paternity test. He was not the biological parent of this child. Soon afterwards, the office took away the German child’s ID, since it did have German citizenship anymore. All lower courts dismissed the case. The Federal Constitutional Court didn’t want to accept this complaint either.

The Federal Constitutional Court has the right to deny opening a case (§93b BVerfGG) when the alleged infringement of a constitutional does not evidently show legal substance to the dispute. In contract to the opinion of the allegedly hurt child, the constitutional court determined that the office did not retroactively withdraw the child’s German citizenship. Whenever a court denies paternity, this creates certain legal consequences which derive from the parent-child relationship. A child not born to at least one German parent is not a German by birth. There would only be the one exception that the child has already become so old that it has obtained a trust in the continuance of being a German.

Previous article on similar topic:
Naturalization by Deceit