Why does a Polish birth certificate not prove Polish citizenship? A few words about the right of blood

If you are asking yourself why the Polish birth certificate of your ancestor is not sufficient to prove Polish citizenship, most probably you live in a country where the right of soil is in force. Interestingly, it is one of the most frequently asked questions during the process of documents’ analysis. After reading this article you will not only know the difference between the right of blood and the right of soil, but you will also learn some Latin terms 🙂

Right of blood vs right of soil – what’s the difference?

Both rights are principles of nationality law, which determines how citizenship is acquired by children. Right of blood (ius sanguinis) means that a child inherit citizenship from one or both parents. On the other hand, right of soil (ius soli) means that a child has citizenship of the country of birth. Most countries of North and South America recognize birthright citizenship (right of soil). Most Asian and some European countries recognize the right of blood. It is worth mentioning that there are also many countries in which both rights are mixed.

Legal basis of the right of blood in Poland

Ius sanguinis is guaranteed in Poland by the Polish citizenship law (2009), article 14. It reads that a minor acquires Polish citizenship by birth, if at least one of the parents is a Polish citizen. Also, an article 34 of the Polish Constitution from 1997 says that Polish citizenship is acquired by being born to Polish parent(s).

There is one exception though! It may happen that a child is born in the Polish territory but the parents are unknown, they have no citizenship, or their citizenship is not determined. In such a case the child acquires Polish citizenship.

What does the Polish birth certificate actually prove?

It may happen that you have your ancestor’s Polish birth certificate and you are wondering what it proves (if not Polish citizenship). Well, it proves the date and place of birth, as well as who the parents are. It is a great proof of kinship, which is pretty necessary during the process of getting Polish citizenship.

How to better illustrate it? Imagine that a child is born to American citizens that are spending their holiday at the Polish sea. The child will have a Polish birth certificate issued, but it doesn’t mean that the child is a Polish citizen.

Is the right of blood favorable for you?

The answer is “yes!”. Because of the right of blood, you can apply for Polish citizenship confirmation even if you have never been to Poland and the only Polish ancestor you have is your grandfather (or great-grandfather) who emigrated a long time ago. Polish citizenship is passed from generation to generation. So it is not only favorable for you, but also for your children, grandchildren, great-grandchildren… It is worth knowing that when checking eligibility for Polish citizenship, not only the right of blood counts. There are also 4 citizenship laws and many additional regulations. Therefore, if you have any doubts, contact us and we will check your case free of charge. 🙂