You’ve probably heard the term "anchor baby" thrown around in heated political debates. It’s a messy, loaded phrase. But behind the rhetoric lies a very real, very specific legal concept called jus soli. That's Latin for "right of the soil." Basically, it means if you're born on the land, you’re a citizen. Period.
Honestly, it sounds simple. But in 2026, the global map for countries with birthright citizenship is looking a lot more complicated than it used to.
Most people think this is a universal rule. It isn't. Not even close. Most of the world—pretty much all of Europe and Asia—prefers jus sanguinis, or "right of the blood." In those places, your passport depends on who your parents are, not where the hospital was located. If you're a tourist in Japan and have a baby, that baby is not Japanese.
So, where can you actually find the "right of the soil" today?
The Heavy Hitters: Unrestricted Birthright Citizenship
When we talk about countries with birthright citizenship in the purest sense, we’re talking about "unrestricted" jus soli. This is the gold standard. If you are born within the borders, you are a citizen at birth, regardless of your parents' immigration status or nationality.
There are roughly 30+ countries that still play by these rules. Most of them are in the Western Hemisphere. Why? Because North and South American nations were built on immigration and wanted to integrate new arrivals as fast as possible.
The United States: A System Under Fire
The U.S. is the big one. It’s baked into the 14th Amendment of the Constitution. If you're born in the 50 states, D.C., or most territories like Puerto Rico, you’re American.
But things are getting weird lately. In early 2025, President Trump issued Executive Order 14160, trying to put the brakes on this. He wanted to deny citizenship to children of undocumented parents or people on temporary visas.
It’s been a legal rollercoaster. Lower courts blocked it, but as we head into the spring of 2026, the Supreme Court is finally weighing in. Depending on what they decide by July, the U.S. might not stay on the "unrestricted" list for much longer. For now, the old rules technically stand, but the air is thick with uncertainty.
Canada: The North Star of Jus Soli
Canada is the other major developed nation with no-strings-attached birthright citizenship. Unlike the U.S., Canada hasn't seen a massive legal push to end it. If you're born in a Vancouver hospital, you’re Canadian.
There was a big update recently, though. Bill C-3 went into effect in December 2025. It didn’t change birthright on the soil, but it fixed the "second-generation cut-off" for Canadians born abroad. Now, a Canadian parent born outside Canada can pass their citizenship to their kid, provided they lived in Canada for at least three years (1,095 days) before the birth. It’s a move toward "substantial connection."
The Latin American Powerhouses
Nearly every country in Central and South America offers unrestricted citizenship.
- Brazil: Super welcoming. If you’re born there, you’re Brazilian.
- Argentina: Very similar. Plus, parents of an Argentine child can often fast-track their own permanent residency.
- Mexico: Article 30 of the Constitution is clear—birth on Mexican territory equals citizenship.
Other notable mentions include:
- Antigua and Barbuda
- Barbados
- Costa Rica
- Jamaica
- Panama
- Uruguay
- Venezuela
The "Sorta" List: Restricted Birthright Citizenship
Then there’s the "conditional" group. These countries have birthright citizenship, but they make you jump through hoops. You don't just get the passport because you were born there; you get it because your parents have lived there for a while or have a certain legal status.
Portugal: The Easiest in Europe?
Europe is notoriously tough on this. Portugal is the standout because they've been loosening their rules while others tighten theirs.
Since the 2024-2025 updates, a child born in Portugal to foreign parents is a citizen if at least one parent has lived in the country for just one year (even if they don't have a formal residency permit yet). It’s easily the most accessible version of jus soli on the continent.
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France: The Age Factor
France is different. If you’re born in France to foreign parents, you aren't a citizen at birth. You have to wait. Usually, you can claim it at age 18 if you've lived in France for at least five years since age 11.
Wait, there’s a catch. In Mayotte (a French overseas territory), they just passed a law in 2025 making it even harder. To get citizenship there, both parents now have to be legal residents for at least three years.
The UK and Australia: The 10-Year Rule
The UK ended unrestricted birthright citizenship back in 1983. Now, you’re only British at birth if one parent is a citizen or "settled" (has Indefinite Leave to Remain).
Australia is similar. If you're born there and your parents aren't citizens or permanent residents, you have to live in Australia for the first 10 years of your life to get that passport. It’s a long game.
Why Does This Matter for You?
Maybe you're planning a life abroad. Maybe you’re looking at "birth tourism"—which, let's be real, is a thing. Or maybe you're just curious about how the world is partitioning itself.
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The reality is that the list of countries with birthright citizenship is shrinking. Countries like India and Malta used to have it and scrapped it. The U.S. is currently debating it in the highest court in the land.
The "why" is usually political. Governments worry about "citizenship of convenience." They want citizens who have a "genuine link" to the country—people who pay taxes, speak the language, and vote.
But for the child, that passport is a massive life advantage. It’s "tier-one" travel access, education, and a safety net.
Actionable Insights: Your Next Steps
If you are navigating the world of birthright citizenship for your family, do not rely on Wikipedia. Laws change fast.
- Check the Parent Rule: If you’re in a "conditional" country like Portugal or Germany, verify your residency duration. Did you have your permit for 12 months or 5 years? The difference is everything.
- Get the Paperwork Early: In countries like Canada, even though citizenship is automatic, getting the "Proof of Citizenship" certificate can take months. Apply the moment the birth certificate is issued.
- Watch the US Supreme Court: If you are an expat in the U.S. on a H-1B or L-1 visa, the ruling expected in June/July 2026 will be a landmark. It may change whether your child is considered a citizen or just a resident.
- Consular Registration: If your child qualifies for jus soli in one country and jus sanguinis (by your bloodline) in another, register them at your home country’s consulate immediately. Dual citizenship is a gift, but it requires a paper trail.
The world is moving away from the "right of the soil." If you’re lucky enough to be in a place that still honors it, make sure you understand the fine print before the rules shift again.