Child born in France to foreign parents: becoming French

Your child was born in France, but you are both foreign nationals. Contrary to a widespread belief, the child does not become French at birth. French birthright rules apply later, in adolescence or at 18, provided the child grew up in France. Here is how a child born in France acquires French nationality, and when to act early. A lawyer answers your questions in 20 minutes on Avocat20min.fr.

Child born in France: not French at birth

Birth on French soil is not enough. A child born in France to two foreign parents first keeps the parents' nationality. The child becomes French later, after living in France long enough.

There are, however, exceptions. First, double birthright: a child born in France to a parent who was also born in France is French from birth (article 19-3). Next, a child born in France to stateless parents, or who cannot receive the parents' nationality, is also French from birth (article 19-1). In these cases there is nothing to acquire: you only need to prove nationality.

Automatic French nationality at 18

The principle appears in article 21-7 of the Civil Code. A child born in France to foreign parents becomes French at 18, with no formalities, if two conditions are met:

• Residence in France on the day of their 18th birthday.
• Habitual residence in France for at least five years, continuous or not, since the age of eleven.

No declaration, no stamp, no interview: acquisition happens automatically on the 18th birthday. In practice, attending secondary school in France is often enough to meet the condition. For a child born in France, school attendance certificates are therefore the main evidence.

The law of 26 January 2024 tried to require a declaration of intent between 16 and 18. The Constitutional Council, however, struck that provision down, along with many others, in its decision of 25 January 2024. Birthright nationality at 18 therefore remains automatic.

Refusing French nationality: declining it

Some young people do not wish to become French, for example because their country of origin bans dual nationality. Article 21-8 gives them the option to decline.

The declaration is made in the six months before turning 18, or in the twelve months after. In practice, between 17 and a half and 19. The young person must prove they hold a foreign nationality, so as not to become stateless.

Child born in France: the declaration before 18

A child born in France can become French before 18 by declaration (article 21-11). Two ages open this route, with different residence conditions.

Age of the child born in France	Who files	Habitual residence required
13 to 15	The parents, on the child's behalf, with the child's consent	5 years since age 8
16 to 17	The young person	5 years since age 11
18	No formalities (article 21-7)	5 years since age 11

In every case, the child must live in France on the day of the declaration. Between 13 and 15, the child's own consent is essential. A medically certified disability that prevents the child from expressing a wish, however, removes this requirement.

Why act early? For example, to go on a school trip with a French passport, or to secure a teenager's position before 18. The declaration takes effect on the date it is made.

Filing, the six-month deadline and appeals

For a child born in France, the declaration is lodged at the tribunal judiciaire or local court for the family's home. You file in person or by post. An interview with the child follows, in particular to record their consent.

The file includes the birth certificate, an identity document, the parents' residence permits or papers and proof of parental authority. Above all, you must prove habitual residence: school certificates, school reports, health record, statements. Foreign documents must be translated, and sometimes legalised or apostilled.

The court registry has six months from the receipt to refuse registration (article 26-3). Without an answer within that time, the declaration counts as registered. If a reasoned refusal arrives, you go to the tribunal judiciaire within six months, and a lawyer is compulsory.

The public prosecutor may also challenge the registration within two years if the conditions were not met. In case of lies or fraud, that period runs from discovery.

Convictions, expulsion and birthright

Article 21-27 blocks the acquisition of nationality after certain convictions: terrorism, harm to the fundamental interests of the Nation, or six months' immediate imprisonment. It also covers a person subject to an expulsion order or a ban from French territory.

Its last paragraph, however, sets these obstacles aside for a minor who may become French under articles 21-7 or 21-11. A child born in France who was convicted as a minor therefore does not, in principle, lose the benefit of birthright. A criminal record still needs review with a lawyer before any step.

Mayotte: stricter rules

For a child born in Mayotte, article 2493 of the Civil Code adds a condition. Since the law of 12 May 2025, both parents must have lived in France lawfully, holding a residence permit, and without interruption for more than a year at the time of the birth. Before, one parent and three months were enough.

When parentage is established for only one parent, the condition applies to that parent alone. The Constitutional Council upheld the law with one reservation: a biometric passport cannot be required from a national of a country that does not issue one. The rules also depend on the date of birth, hence the value of precise advice.

Proving nationality: the certificate

At 18, no document arrives in the post. To obtain an identity card or a passport, the young person often has to prove nationality. They then apply for a French nationality certificate at the tribunal judiciaire, with their proof of residence.

After an early declaration, by contrast, the registered copy of the declaration serves as proof. Keep it safe, along with the school certificates.

What about the parents' residence?

The nationality of a child born in France does not automatically regularise the parents. Once the child is French, however, a parent who contributes to the child's upkeep and upbringing may apply for a residence card as the parent of a French child. Without a French child, exceptional leave to remain is sometimes an option.

To bring other relatives from abroad, the usual route is family reunification. As for a minor who remains foreign, no residence permit is needed before 18. Depending on the situation, the child may obtain a travel document for foreign minors (DCEM) or a republican identity document (TIR) for travel.

When to consult a lawyer

A lawyer mainly helps you gather proof of residence for a child born in France. For example, a year spent abroad can break the five-year count. Likewise, the lawyer weighs an early declaration against waiting until 18.

An immigration lawyer also challenges a refusal to register before the tribunal judiciaire. For an adult without birthright, French naturalisation takes over. The official conditions appear on the service-public page on children born in France to foreign parents.