Estonia

Adopted child acquires Estonian citizenship automatically via KodS § 5(2¹) adoption sub-clause when adopted by Estonian citizen parent(s). This provision extends the § 5 jus sanguinis framework to adoption. Adoption must be legally recognized under Estonian family law.

Where § 5(2¹) does not apply (e.g., adoption by non-citizen parent or cross-border adoption scenarios), the § 13 minor naturalization route applies. Parent applies on behalf of adopted minor under 15. § 14-superscript-1 single-parent provisions may be relevant for single-parent adoptions.

Child whose at least one parent is an Estonian citizen at the time of the child's birth (verbatim KodS § 5(1)(1) ET: 'laps, kelle sündimise ajal vähemalt üks tema vanematest on Eesti kodakondsuses'). No application required; automatic by operation of law. First-Republic-restoration diaspora descendants also use this route by tracing unbroken generational chain from pre-1940 Estonian citizen. No statutory generation cap.

Child born after the death of an Estonian-citizen father, where paternity is established. Narrower sub-provision of § 5 jus sanguinis — operative provision for main inheritance is § 5(1)(1). V-correction confirmed: § 5(1)(2) was incorrectly cited as the main operative jus sanguinis provision in some drafts; § 5(1)(1) is the correct main provision.

Child found in Estonia whose parents are unknown. Mechanism is JUDICIAL (court ruling on application of child's guardian). Verbatim ET: 'Eestis leitud laps, kelle vanemad ei ole teada, tunnistatakse lapse eestkostja taotlusel kohtu korras Eesti kodakondsuse omandanuks sünniga.' Estonia is not party to 1954 or 1961 statelessness conventions; § 5(2) is the sole domestic foundling provision.

Parents holding Estonian citizenship may apply on behalf of minors under 15. Minor must permanently reside in Estonia with a residence permit (except infants under 1 year). § 14-superscript-1 defines 'single parent' across six circumstances (absent parent data; custody loss; fugitive parent; incapacity; deceased; unmarried non-contact). Distinct from automatic § 5 jus sanguinis birth acquisition (which requires no application) and from § 16 minor-loss restoration.

Automatic Estonian citizenship by naturalization at moment of birth to children born in Estonia to stateless parents who have resided lawfully in Estonia for at least 5 years. Opt-out: parents may renounce before child turns 1 year. § 13(6) extends to former Soviet citizens (pre-1991-08-20) unrecognized by successor states. Pre-2016: children of MITTEKODANIKUD inherited gray-passport status. § 36-cubed retroactive transitional provision covers children born before 2016-01-01 with one-year renunciation window (2016-2017).

KodS § 22 establishes THREE exhaustive modes of Estonian citizenship loss: (1) voluntary release from citizenship (vabastamine) under §§ 23-27, subject to § 26(1) statelessness-prevention bar; (2) state-initiated deprivation (äravõtmine) under § 28 post-2022 restructured framework; (3) automatic loss upon accepting another state's citizenship (§ 22(3)/§ 29), subject to § 3 carved exceptions for birth-citizens with dual. No fourth mode exists — Constitution § 8(3) inalienability of birth-citizenship provides constitutional protection against any additional deprivation mode. Display-collision: § 22 (Chapter 6 loss) is distinct from § 2-superscript-2 (Chapter 1 state fee) in plain-text renderings.

POST-2022 § 28 framework: MANDATORY remaining grounds under § 28(1): (3) attempted to change Estonian constitutional order by force; (4) submitted false information when acquiring/restoring; (5) is citizen of another state but not released from Estonian. REPEALED grounds (pre-2022): § 28(1)(1) foreign public/military service; § 28(1)(2) foreign intelligence/security mandatory deprivation. NEW DISCRETIONARY § 28(1¹): (1) convicted of crime against humanity or certain aggression-related offenses; (2) joined foreign state public/military/intelligence/security service or armed organization where threatening public order or national security — asymmetric design allows deprivation for persons fighting on Russian side in Ukraine but discretion not to deprive those fighting on Ukrainian side. PROTECTION: § 28(3) — deprivation provisions do NOT apply to persons who acquired Estonian citizenship by birth (birth-citizens fully protected).

Operative mechanism for First Republic restoration descendants is KodS § 5 jus sanguinis COMBINED WITH state continuity doctrine. Chain: ancestor recognized under 1922 or 1938 Act (in 1940-06-16 redaction) → citizenship preserved through Soviet null period (legal theory) → reactivation RT 1992, 7, 109 → KodS § 5 unbroken generational chain. NO statutory generation cap. Diaspora descendants trace chain through each generation. PPA verifies documentary chain. RKHKo 3-16-1810/15 (2018-03-02): Tartu Treaty optees who failed to enter Estonia in 1920-1921 one-year window did NOT acquire citizenship.

Approximately 70,000-80,000 Estonians fled in 1944 prior to second Soviet occupation. Their descendants retain citizenship through KodS § 5 jus sanguinis chain — not through Government-in-Exile conferral (which did NOT itself grant citizenship). Government-in-Exile in Oslo maintained institutional but NOT citizenship-granting continuity 1944-1992-10-08. Same chain as EE-DSC-01 but specifically addressing the 1944-departure cohort and their diaspora descendants.

One-year optation window (ratification 1920-03-13 to 1921-03-13) for persons of non-Estonian origin residing in Estonia who chose to remain and become Estonian citizens. Persons previously registered in Estonian communities or whose parents held such registration were classified Estonian. Opting for Russian citizenship required departure within 1 year. RKHKo 3-16-1810/15 (2018-03-02): optees who failed to enter Estonia within the window did NOT acquire citizenship — their descendants cannot use the § 5 chain from this route.

Historical route documenting the legal framework under which First Republic citizenship was acquired. 1922 Act (in force 1922-12-22 to 1938-07-01) implemented Tartu Treaty optation and established jus sanguinis chain. 1938 Act (in force 1938-07-01 to 1940-06-16) succeeded it, frozen in 1940-06-16 redaction. This historical framework is the ANCHOR for all modern descent-chain claims via KodS § 5.

The transitional W3 period operated under the reactivated 1938 Act (NOT a new 1992 Citizenship Act — VC-A1-002 corrected). Six key features: (1) automatic citizens were those with 1938 Act pre-1940 chain; (2) two-plus-one naturalization formula: 2 years residence from 1990-03-30 + 1 year processing; earliest naturalization 1993-03-30; (3) exclusion principle for former Soviet security service, foreign military, repeat felons, no-income; (4) dual nationality prohibition applied only to post-decision naturalization; (5) MITTEKODANIKUD category created for ~494,000 excluded Soviet-era in-migrants. KodS § 38 terminated this period 1995-04-01.

During W2 Soviet occupation 1940-06-17 to 1991-08-20, Estonian Soviet Socialist Republic citizenship conferred under Soviet law was LEGALLY VOID for purposes of Estonian law. State continuity doctrine: Soviet annexation illegal under Treaty of Tartu Article II (Russia's irrevocable renunciation of sovereignty) + western non-recognition (USA, UK, Belgium, CoE Resolution 189/1960). Estonian citizens pre-1940 retained citizenship in legal theory. Practical consequence: citizenship status determined by 1938 Act ancestry, not Soviet administrative acts.

Estonia has NO distinct marriage-based naturalization pathway reducing residency requirements or waiving conditions (VC-E2-001 CONFIRMED). Spouses of Estonian citizens follow full standard § 6 pathway including 8+5 year residency. Marriage to Estonian citizen is relevant ONLY at VMS pre-stage: TCN spouse may obtain family-reunification residence permit under VMS § 138, which satisfies § 6(2) permit-type requirement. Marriage does NOT reduce the 8+5 year residency duration.

TCN spouses of EU citizens (who are not Estonian citizens) exercising free movement in Estonia: (1) 5-year EU-citizen residence in Estonia → EU-citizen-family-member residence card; (2) after 5 continuous years → indefinite right of residence (VMS Chapter 3 permanent provision); (3) indefinite right satisfies KodS § 6(2) permanent right of residence alternative; (4) 8+5 year residency calculation still applies. Minimum overall timeline: approximately 5 years with EU-citizen spouse + 3 additional years to reach 8-year threshold + other § 6 conditions. No residency reduction for EU-citizen spouse TCNs.

Approximately 60,000 persons (as of 2024, down from ~494,000 in 1992) hold Estonian gray passports (alien passports) issued to stateless persons. These are predominantly Soviet-era in-migrants who did not qualify for First Republic citizenship chain restoration under RT 1992, 7, 109 and have not yet naturalized. MITTEKODANIKUD hold gray-passport travel documents, may vote in local elections (until 2026-03-01 constitutional amendment takes effect), hold permanent residence in Estonia, but are stateless in international law. Multiple naturalization pathways available: EE-NAT-01 standard; EE-NAT-03 facilitated (§ 33); EE-RST-05 combined § 33+§ 34 for aged cohort; EE-BTH-05 for children born in Estonia. EE-HIS-02 original exclusion principle created this cohort. 2026-03-01: voting rights removed (constitutional amendment RT I, 11.04.2025, 1).

Break in MITTEKODANIKUD-perpetuation chain from 2016-01-01. Children born in Estonia to stateless parents with 5-year lawful residence acquire Estonian citizenship automatically at moment of birth. § 13(6) extends to former Soviet citizens unrecognized by successor states. Pre-2016 birth cohort covered by § 36-cubed retroactive transitional provision (renunciation window 2016-2017 expired). This is the primary mechanism preventing new MITTEKODANIKUD generation formation.

MITTEKODANIKUD who settled in Estonia before 1990-07-01 or were born in Estonia before 1990-07-01 may naturalize without holding the § 6(2) long-term residence permit or permanent right of residence. All other § 6 conditions apply. From 2026-01-01, the VMS permanent residence permit requires A2 Estonian + adaptation programme — but § 33 waiver means the VMS permit itself is not required for § 6(2) compliance. Cross-reference with EE-NAT-03.

MITTEKODANIKUD-adjacent route for foundlings: child found in Estonia whose parents are unknown acquires Estonian citizenship by birth via judicial ruling on guardian application. Prevents foundlings from inheriting the MITTEKODANIKUD stateless status. Cross-reference with EE-BTH-03.

2020 extension of § 13 facilitated naturalization to mixed-family children where ONE parent has undetermined citizenship (MITTEKODANIK) and the OTHER parent has third-country citizenship (typically Russian). Prior to this amendment, § 13(4) automatic-at-birth required BOTH parents to be stateless. Addressed cohort of 1,523 minors (1,393 Russian-citizen + 33 undetermined + 32 Ukrainian-citizen parents per Bill 58 SE explanatory memorandum). Additional conditions: parents OR grandparents resident in Estonia at 1991 restoration; released-from-foreign-citizenship requirement. Age threshold extended to under 18 for this pathway.

KodS § 26(1) provides a statelessness-prevention bar on voluntary release from Estonian citizenship: authority 'may deny release' if the result would be statelessness. Discretionary (not absolute prohibition). Former § 26(3) restriction repealed 2013-04-01. Together with § 5(2) foundling provision and § 13(4) automatic-at-birth, creates domestic statelessness-prevention framework substituting for treaty obligations under the 1961 Convention (EE not party).

Naturalization applicants aged 65+ are exempt from the full § 8 Estonian language written examination. Exemption reduces to oral conversation demonstration only (VC-E2-002: does NOT provide full language waiver). Primarily benefits elderly MITTEKODANIKUD who struggle to attain B1 written competency. § 9 civics requirement NOT waived. Combined with § 33 pre-1990 settler waiver for the oldest aging cohort.

Seven cumulative conditions under KodS § 6: (1) age 15+; (2) long-term residence permit or permanent right of residence; (2¹) 8 years residence total with at least 5 on permanent basis; (2³) registered in population register; (3) Estonian language B1 CEFR level; (4) Constitution and KodS knowledge; (5) legal permanent income per § 7; (6) loyalty to Estonian constitutional order; (7) oath ceremony at PPA. Pre-2026: B1 only at naturalization stage. Post-2026: A2 language also required for the VMS permanent residence permit prerequisite (RT I, 12.07.2025, 32). Riigikohus doctrine: naturalization is a 'privilege' not a right (RKHKo 3-3-1-42-08). Pre-1990 settlers exempt from § 6(2) under § 33; age-65+ exempt from written language exam under § 34.

Government may grant citizenship for special merit (erilised teened) to no more than 10 persons per calendar year. Waives § 6 conditions (2)-(4): residence permit requirement, residency duration, and civics knowledge requirement. Does NOT waive age threshold (§ 6(1)) or oath (§ 6(7)). Government Cabinet decision on proposal by a Cabinet member; published in Riigi Teataja. Eligible for exceptional achievements in science, culture, sports, public service. Grantees acquire naturalization-based (not birth-acquired) citizenship — no § 28(3) deprivation immunity applies.

Persons who settled in Estonia or were born in Estonia before 1990-07-01 are exempt from the KodS § 6(2) long-term residence permit or permanent right of residence requirement. ALL other § 6 conditions remain: 8+5 year residency duration (§ 6(2¹)), B1 language (§ 6(3)), civics (§ 6(4)), income (§ 6(5)), loyalty (§ 6(6)), oath (§ 6(7)). Primarily benefits MITTEKODANIKUD candidates and pre-1990 born persons. Cumulative with § 34 age-65+ language reduction. § 33 does NOT reduce residency duration — only waives the permit-type requirement.

Everyone who lost Estonian citizenship AS A MINOR has the RIGHT to restoration. Verbatim ET: 'Igaühel, kes on alaealisena kaotanud Eesti kodakondsuse, on õigus selle taastamisele.' Constitutional basis: § 8(2) — 'Everyone who has forfeited his or her Estonian citizenship as a minor is entitled to its restoration.' Typically triggered when parent acquires foreign citizenship causing automatic minor-loss. § 21 refusal bars still apply (security/criminal grounds). CRITICAL LIMITATION confirmed by CJEU C-118/20 JY: § 16 is ONLY for those who lost citizenship AS MINORS — adults who voluntarily renounced have no § 16 route.

Adults who voluntarily renounced Estonian citizenship (e.g., via KodS § 27 release to obtain foreign citizenship) have NO facilitated re-acquisition pathway. Must satisfy full standard § 6 conditions including 8+5 year residence from scratch. CJEU C-118/20 JY (Grand Chamber 2022-01-18): JY renounced 2015-08-27, Austria revoked its naturalization promise, JY could not recover EE citizenship due to '8-year residence requirement.' KodS contains no facilitated re-naturalization section for former citizens. Contrast with § 16 (minor-loss restoration, which is facilitated) and § 32 (erroneous-recognition, which is corrective).

Persons erroneously identified as Estonian citizens during identity-document issuance procedures are deemed to have acquired citizenship on the legal basis under which they were erroneously identified. Operates on legitimate expectation principle (Chancellor of Justice Indrek Teder Proposal No 13, 2012). Not an application mechanism — PPA makes determination on documentary evidence. SECURITY BAR ADDED 2022: § 32(2) allows authority to DECLINE correction where § 21 refusal grounds or § 28(1)(3) or § 28(1¹) grounds apply. IMPORTANT: § 32 is NOT the First Republic restoration provision — that is § 5 jus sanguinis (VC-C-001 CONFIRMED).

Colloquially called 'restoration' but technically citizenship acquired by birth under § 5 jus sanguinis + state continuity (citizenship never legally ceased). Diaspora applicant files with PPA providing documentary evidence of each generation's Estonian citizen status tracing to pre-1940 recognized citizen. PPA verifies chain. No statutory generation cap. Government-in-Exile did NOT itself confer citizenship. RKHKo 3-16-1810/15 (2018-03-02) judicial limit: Tartu Treaty optees who failed to enter Estonia in 1920-1921 window did NOT acquire citizenship.

Combined facilitation for the oldest cohort of Soviet-era MITTEKODANIKUD: persons aged 65+ who settled or were born in Estonia before 1990-07-01 benefit from BOTH § 33 (residence permit requirement waived) AND § 34 (written language exam waived, oral conversation only). All other § 6 conditions remain. Primary target: aging MITTEKODANIKUD cohort now in their 70s-80s. § 34 does NOT waive § 9 civics requirement or § 7 income requirement (VC-E2-002).