Dear All.

Recently we have extended our family with a new born baby boy. We have already got his birth certificate from the stadtamt.

I am living in Germany since 15 years with unlimited work permit and with Indian passport. My wife is living in Germany since 2014 also with Indian passport.

We plan to go back to India for long and wondering if our child can have the Indian passport. I called the Indian embassy and they told me it is not possible because I am living in Germany for more than 8 years so our child is automatically a German citizen unless he renounce it at the age of 18 years so he cannot be given the Indian passport.

I know there is an option of OCI but still if possible we like to have the Indian passport for our child.

Please share your experiences if you have been to this situation or know laws relating to children of Indians born here.

Thanks a lot.

Hi Raj, 

First of all, congratulation!

Indian Citizenship Act says : 

A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

Seems possible, in principle. 

BTW, did you have to submit the birth certificate of father and mother for obtaining your child's birth certificate ?

Cheers!

Thanks for replying.

The consulate person told me that we can not apply for the passport since the child automatically got the German citizenship otherwise they are asking for a kind of document from German authorities confirming that the child is not a Germen citizen if we want to apply for the passport.

Yes, we have to submit our original birth certificates along with the attested translated copies of the same.

Best Regards

They need Bescheinigung/certificate that your kid has not applied for german citizenship. This is called Negative Bescheinigung(describing that kid is neither eligible nor have applied to german citizenship). Since your kid is eligible for citizenship, but you don't want to apply for it, you can ask them if the same certificate will work or a different one is required. 
You should,  first,  contact Stadesamt. In case they do not issue such certificate , try approaching einbuergerungs amt.

And if its not too personal, why don't you want German passwort for you kid ?

Simran

Thanks again for the detailed information.

I doubt it that I will get Negative Bescheinigung from Stadesamt as our child is automatically a German citizen and he will remain so even if I  do not want him to be till 18 years of age when our child can decide for himself.

Germany has no problem with dual citizenship whereas India also give rights to minor children to have dual citizenship till 18 years but it is being denied by the Indian counsulate office because in my opinion they interpret the law in a different way. I have already written to them and hopefully get a reply.

Personally I like to apply for the Indian passport for our child because it is already allowded under Indian Citizenship Act. 

If you like we can discuss it here why I feel it is still possible to make the registration despite being a child having dual citizenship and also get opinion from other members of this forum.

Best Regards

Definately, we should discuss . This might be of use to others in future.
Did you receive any reply from them yet ?

I know its complex but  as far as I know : 
Your child can be a multiple citizen if he/she is born with multiple citizenship (e.g. Born in Germany to Indian parents holding PR, for instance), but she can use only one passport; Indian 
If you get your child any foreign passport, child automatically loses Indian citizenship and the right to have Indian passport.  May be that's why they asked for proof ?

On attaining majority, typically at eighteen, child need to choose which citizenship he/she wishes to retain. I believe (I could be wrong) that if child fails to declare which citizenship he/she wishes to retain, Indian citizenship automatically lapses. At that point, the child will need to surrender her Indian passport.

Not sure how Germany take this : having Indian passport and dual citizenship 

I wonder what would have happened if you had chosen to give birth to your child in india. Because at that time you would have been living in Germany for more that 8 yrs but baby had born in India ?



Regards

Thanks again for the detailed information and your valuable inputs.

It is clearly mentioned in Indian citizenship Act 1955 that a minor born abroad to Indian citizens can have Indian citizenship by descent and dual nationality under Section 4 (1A) of Indian citizenship Act 1955 till the age of 18 years and after that he/she has to decide which nationality to take or otherwise cease to be a citizen of India if not decided with in six months of attaining full age.

Indian citizenship Act 1955 which follows that
"A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age"

I am not sure why Indian consulate does not take this sub section into account and agrees that minor born abroad to Indian citizens can have two natinoalies till 18 years of age. There should not be any ambiguity about this.

When I called the Consulate they asked me to submit a document from the German authorities which should mention that the child is not a German citizen and only then I can apply for the registration of the minor as Indian citizen. I fail to understand why they need a document from the German authority while my child can have dual nationality under above mentioned Citizenship Act of 1955. 

As you already mentioned having minor one passport only, I told the Consulate that we will have only Indian passport for the child and we will not apply for the German passport and he replied it does not matter even they will treat German ID card as a passport so the child can not be registered.

If we look at the Section 4 Subsection 1 (ii) of the Indian passport Act 1955 which follows as :

"Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country"

I can imagine that multiple passports can have problems while one goes to India and comes back as it will be difficult to record the date of entry and exit from India if one uses different passports. So this can be one reason why this section prohibits multiple passports but still it does not deny the right of a minor born abroad to apply for the registration as Indian citizen while having the citizenship by birth of that country.

I am still wating for the reply from the consulate.

Germany has no problems with minors having dual nationality and recenlty it has made it much more relaxed and not to ask the minor when they turn 23 years of age to choose nationality under certain conditions
http://www.dw.com/en/dual-citizenship-law-takes-effect-in-germany/a-18143002

Best Regards

"As you already mentioned having minor one passport only, I told the Consulate that we will have only Indian passport for the child and we will not apply for the German passport and he replied it does not matter even they will treat German ID card as a passport so the child can not be registered.
"

This really sounds strange. By law : The application for registration of the birth of a child must be made to an Indian diplomatic mission and must be accompanied by an undertaking in writing from the parents of the child that he or she does not hold the passport of another country.

So I think , that a  child is not holding passport of another country should be sufficient . 

If your child had born in India, would it have been same ?

That is what I fail to understand why they ask for a document from the German authority declaring that the child is not a german citizen despite the fact the child is a German citizen by birth and they know it very well that the German authorities will not issue a document that the child is not a German citizen.

Even on the website of Minisrty of Home affairs where one applies for the online registration, it is sufficient to have only the undertaking from the parents that the child does not hold any other passport and now why the consulate ask here more than that is not undrstandable.

[font="Source Sans Pro", sans-serif]"If your child had born in India, would it have been same ?"
I suppose the child gets the German natinoality if born here with parent having PR and after living for more than 8 years in Germany only and not in India but I am not sure.

Please keep us posted on the developments.

Thank you!