The place of birth (POB) or birthplace is the place where a person was born. This place is often used in legal documents, together with name and date of birth, to uniquely identify a person. Practice regarding whether this place should be a country, a territory or a city/town/locality differs in different countries, but often city or territory is used for native-born citizen passports and countries for foreign-born ones.
As a general rule with respect to passports, if the place of birth is to be a country, it's determined to be the country that currently has sovereignty over the actual place of birth, regardless of when the birth actually occurred.[1] The place of birth is not necessarily the place where the parents of the new baby live. If the baby is born in a hospital in another place, that place is the place of birth. In many countries, this also means that the government requires that the birth of the new baby is registered in the place of birth.
Some countries place less or no importance on the place of birth, instead using alternative geographical characteristics for the purpose of identity documents. For example, Sweden has used the concept of födelsehemort ("domicile of birth") since 1947. This means that the domicile of the baby's mother is the registered place of birth.[2] The location of the maternity ward or other physical birthplace is considered unimportant.
Similarly, Switzerland uses the concept of place of origin. A child born to Swiss parents is automatically assigned the place of origin of the parent with the same last name, so the child either gets their mother's or father's place of origin. A child born to one Swiss parent and one foreign parent acquires the place of origin of their Swiss parent. In a Swiss passport and identity card, the holder's place of origin is stated, not their place of birth. In Japan, the registered domicile is a similar concept.
In some countries[vague] (primarily in the Americas),[citation needed] the place of birth automatically determines the nationality of the baby, a practice often referred to by the Latin phrasejus soli. Almost all countries outside the Americas instead attribute nationality based on the nationality(-ies) of the baby's parents (referred to as jus sanguinis).
There can be some confusion regarding the place of birth if the birth takes place in an unusual way: when babies are born on an airplane or at sea, difficulties can arise. The place of birth of such a person depends on the law of the countries involved, which include the nationality of the plane or ship, the nationality(-ies) of the parents and/or the location of the plane or ship (if the birth occurs in the territorial waters or airspace of a country).
Some administrative forms may request the applicant's "country of birth". It is important to determine from the requester whether the information requested refers to the applicant's "place of birth" or "nationality at birth". For example, US citizens born abroad who acquire US citizenship at the time of birth, the nationality at birth will be USA (American), while the place of birth would be the country in which the actual birth takes place.
↑ Corn, Geoffrey S (2020). National Security Law and the Constitution. Wolters Kluwer. p.179. ISBN9781543810714.
↑ "Newborn children are registered as born in the parish where the mother was registered at the time of delivery." Tables on the population of Sweden 2006, page 430ISBN978-91-618-1383-4
Nationality is a legal identification of a person in international law, establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states.
Jus soli, commonly referred to as birthright citizenship, is the right to acquire nationality or citizenship by being born within the territory of a state.
A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by such as a midwife or doctor.
Swiss citizenship is the status of being a citizen of Switzerland and it can be obtained by birth or naturalisation.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Citizenship of Finland can be obtained on the basis of birth, marriage of parents, adoption, or the place of birth. In addition, it may be acquired by application or by declaration to authorities. Finnish citizenship acquisition is based primarily on the legal principle of jus sanguinis. However, for many practical purposes, the concepts of municipal domicile and domicile in Finland are as important to the relation between the individual and the Finnish authorities as the individual's citizenship status.
French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.
Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.
Portuguese nationality law details the conditions by which a person is a national of Portugal. The primary law governing nationality regulations is the Nationality Act, which came into force on 3 October 1981.
Birth tourism is the practice of traveling to another country or city for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship. Such a child is sometimes called an "anchor baby" if their citizenship is intended to help their parents obtain permanent residency in the country. Other reasons for birth tourism include access to public schooling, healthcare, sponsorship for the parents in the future, or even circumvention of China's two-child policy. Popular destinations include the United States and Canada. Another target for birth tourism is Hong Kong, where some mainland Chinese citizens travel to give birth to gain right of abode for their children.
Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.
In Switzerland, the place of origin denotes where a Swiss citizen has their municipal citizenship, usually inherited from previous generations. It is not to be confused with the place of birth or place of residence, although two or all three of these locations may be identical depending on the person's circumstances.
Argentine nationality law regulates the manner in which one acquires, or is eligible to acquire, Argentine nationality. Nationality, as used in international law, describes the legal methods by which a person obtains a national identity and formal membership in a nation. Citizenship refers to the relationship between a nation and a national, after membership has been attained. Argentina recognizes a dual system accepting Jus soli and Jus sanguinis for the acquisition of nationality by birth and allows foreign persons to naturalize.
The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.
Uruguayan nationality law is based on the principle of Jus soli and a limited form of Jus sanguinis. The Uruguayan Constitution does not use the word "national" in defining those inhabitants (habitantes) of the Uruguay. Those inhabitants are described as "natural citizens" and "legal citizens" in Article 73 of the Constitution. According to Article 74, natural citizens are born in the territory of Uruguay and the children of natural citizens, wherever those children are born. In Article 75, the steps to become a legal citizen are set forth. In terms of the text of the Constitution, the term national is only introduced in the Constitution in Article 81. Article 81 states that, "Nationality is not lost by being naturalized in another country, to recover the exercise of the rights of citizenship, it is enough to come to the Republic (avecinarse) and register in the Civic Registry." Further, a second clause in Article 81 provides, "Legal citizenship is lost by any other form of subsequent naturalization."
Monégasque nationality law determines entitlement to Monégasque citizenship. Citizenship of Monaco is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Monégasque parent, irrespective of place of birth.
Multiple/dual citizenship is a person’s legal status in which the person is at the one time recognised by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention which determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.
Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.
Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are relevant for determining whether a person is an Albanian citizen. It is regulated by the "Law on Albanian Citizenship". In some circumstances citizenship is granted to children born in Albania to non-Albanian parents. This is not the case where parents are temporary or short-term visitors. As suggested by the UN and Council of Europe, all efforts are made in order to avoid statelessness.
Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Syrian Arab Republic and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree 276.
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