Limitations on the Acquisition of Citizenship by Birth

The acquisition of citizenship by birth occupies a central position in states’ citizenship policies. The legal rules governing the acquisition of citizenship by birth are shaped in different ways in accordance with states’ historical experiences, migration policies, and conceptions of national identity, primarily on the basis of jus sanguinis and jus soli. However, the scope of citizenship acquired by birth, and in particular its intergenerational transmission, has in recent years become the subject of debate in many legal systems. Especially in systems grounded in the principle of jus sanguinis, the question arises whether the automatic transmission of citizenship across successive generations, in the absence of a genuine and continuing connection with the state, should be subject to limitation. In this respect, comparative analysis must address not only the conditions for the acquisition of citizenship by birth, but also the limitations imposed upon such acquisition. In this study, first, the concept of citizenship and the fundamental principles governing the acquisition of citizenship will be addressed; subsequently, the rules concerning the acquisition of citizenship at birth in certain common law countries and certain continental European countries will be examined in detail. Finally, Türkiye’s changing migration regime will be addressed, and the provisions concerning the acquisition of citizenship by descent under Turkish citizenship law will be evaluated on the basis of comparative legal regulations.