Ukrainian Citizenship for Children Born Abroad: Key Facts and Considerations
At Legal Light Consulting, our expert LLC lawyers specialize in helping families navigate international citizenship matters. This article provides a simple and detailed overview of Ukrainian citizenship rules for children born abroad, especially in mixed marriages where one parent is a Ukrainian citizen.
We’ll cover automatic acquisition, loss of citizenship, and related topics based on Ukrainian law. Remember, this is for educational purposes only.
Automatic Acquisition of Ukrainian Citizenship for Children Born Abroad
If a child is born abroad to parents where at least one is a Ukrainian citizen at the time of birth, the child automatically becomes a Ukrainian citizen. This applies even if the Ukrainian parent also holds citizenship of another country (a mixed marriage scenario).
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Key Rule: For children born after March 1, 2001, Ukrainian citizenship is granted automatically from the moment of birth.
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No Registration Required for Citizenship: The citizenship exists regardless of whether the parents complete the formal registration process under Article 7 of the Law of Ukraine “On Citizenship of Ukraine” (2001 edition). However, registration is often needed to obtain official documents like a certificate or passport.
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Why This Matters: This ensures the child has Ukrainian citizenship rights from day one, such as the ability to live, study, or work in Ukraine later.
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Parents should still register to get proof, like a Certificate of Registration as a Citizen of Ukraine, for practical purposes like applying for a passport.
Does Ukrainian Citizenship Get Lost Automatically If You Acquire Another Citizenship?
No, Ukrainian citizenship is not automatically lost when a person acquires citizenship of another country. Ukrainian law does not have a provision for automatic termination in such cases.
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Details: Even if you become a citizen of another state, you remain a Ukrainian citizen until any formal termination process is completed.
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Important Note: While there’s no automatic loss, voluntarily acquiring another citizenship can be grounds for potential termination (more on this below).
Can You Renounce Ukrainian Citizenship?
No, Ukrainian legislation does not allow for the voluntary renunciation of Ukrainian citizenship. Once you are a Ukrainian citizen, you cannot simply give it up on your own.
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Explanation: The law focuses on protecting citizenship status and does not provide a mechanism for individuals to renounce it unilaterally.
Is a Child’s Entry in a Parent’s Passport Proof of Ukrainian Citizenship?
No, simply having the child’s information entered in a parent’s Ukrainian passport (such as a foreign travel passport) does not serve as direct confirmation of the child’s Ukrainian citizenship.
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What It Means: This entry might indicate family ties but is not official proof. To confirm citizenship, you need documents like the Certificate of Registration as a Citizen of Ukraine or a child’s own passport.
What If You’ve Acquired Citizenship of Another Country?
If you are a Ukrainian citizen and have acquired citizenship of another country, here’s what you need to know:
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Principle of Single Citizenship: According to Article 2 of the Law of Ukraine “On Citizenship of Ukraine,” Ukraine recognizes only single citizenship – that of Ukraine. This means, in all legal relations with Ukraine, you are treated solely as a Ukrainian citizen, even if you hold other nationalities.
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Grounds for Termination: Voluntarily acquiring another citizenship (e.g., by submitting an application or petition as required by the other country’s laws) is considered a ground for terminating Ukrainian citizenship under Part 1 of Article 19 of the law. This applies to adults.
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No Automatic Loss: Termination does not happen automatically. It only occurs from the date a Decree is issued by the President of Ukraine specifically terminating citizenship for that person.
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Practical Advice: If you’re in this situation, consult authorities to understand your status. You might need to address any dual citizenship issues when dealing with Ukrainian officials.
Frequently Asked Questions (FAQ)
1. Does my child born abroad automatically get Ukrainian citizenship if I’m Ukrainian but my spouse is not?
Yes, as long as you were a Ukrainian citizen at the time of the child’s birth (after March 1, 2001). It’s automatic, but registration helps get official documents.
2. What if the Ukrainian parent also has another citizenship?
It doesn’t matter. The child still gets Ukrainian citizenship automatically.
3. Can I lose Ukrainian citizenship just by getting another passport?
No, it’s not automatic. But it could lead to termination proceedings via a Presidential Decree.
4. How do I prove my child’s Ukrainian citizenship?
Get a Certificate of Registration as a Citizen of Ukraine through a Ukrainian embassy or consulate. An entry in your passport isn’t enough.
5. What if I want to give up Ukrainian citizenship?
You can’t renounce it voluntarily under current Ukrainian law.
6. Where can I get help if I’m in Ukraine?
Contact the Department of Consular Service of the Ministry of Foreign Affairs of Ukraine at Velyka Zhytomyrska 2, Kyiv, or call +38 044 238 15 15 for assistance.
Why Choose Legal Light Consulting?
Dealing with citizenship laws can be tricky, especially for families abroad. At Legal Light Consulting, our dedicated LLC lawyers offer clear guidance on Ukrainian citizenship processes, document preparation, and more. We’re here to make things easier for you.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws can change, and individual cases vary. For personalized guidance, consult with a qualified legal professional.
