Basic principles for acquiring Moldovan citizenship by birth
In essence, the acquisition of citizenship by birth is based on two principles – the right of blood (jus sanguinis), also called by origin, and the right of the soil (jus soli).
According to the “rights of the blood” principle, the citizenship of a child depends on the citizenship of the parents, regardless of the country in which the child was born and in which country the parents themselves live.
According to the principle of “right of the soil” – citizenship is determined by the place of birth and is not connected with the citizenship of parents.
Moldovan national legislation recognizes both of these principles for acquiring citizenship.
However, it must be borne in mind that the state has the sovereign privilege to establish the legal framework regarding Moldovan citizenship, including the privilege to regulate, through its legislation, the methods for granting and terminating citizenship.
Therefore, each state can establish its own conditions for granting or depriving citizenship to a foreign citizen.
Who is eligible for Moldova citizenship by birth?
According to the law, the right to citizenship of Moldova by birth has a child:
a) whose both parents or one of them is a citizen of the Republic of Moldova at the moment of birth;
b) born on the territory of the Republic of Moldova of parents who are stateless or internationally protected persons;
c) born on the territory of the Republic of Moldova from parents who are citizens of other states, or one of them is a stateless person or a person under international protection, and the other is a foreign citizen, provided that at the time of birth at least one of the parents has the right for residence or enjoys international protection provided by the competent authorities of the Republic of Moldova, or is recognized by the competent authorities of the Republic of Moldova as a stateless person.
While the first two paragraphs are fairly clear-cut, the last one requires clarification.
It should be clear that if a married couple came to Moldova on a private visit or as tourists and during their stay in the country they had a child, then this child does not have the right to Moldovan citizenship.
The law prescribes a clear condition – one of the parents must have the right to stay. Simply put – it is not enough for a parent to have a valid visa or be within the 90-day term for citizens of visa-free countries. The parent must have a residence permit, must be recognized as a refugee or stateless person.
The citizenship of a child born on the territory of Moldova from parents who are citizens of other countries is determined by mutual consent of the parents. If the parents cannot reach an agreement, the issue of the child’s belonging to the citizenship of Moldova will be decided by the court based on the interests of the child. In this case, if the child is 14 years old, his notarized consent is required.
With regard to children found on the territory of Moldova, they are recognized as citizens until proven otherwise before they reach the age of 18.
If you need legal advice regarding citizenship, please call us to discuss your issue.