Jus sanguinis בלידה - ילד של אזרח RO

תרחישים לדוגמה

התרחישים לדוגמה מוצגים באנגלית.

• Romanian citizen automatically at birth (Art 5(1)). No application, no oath, no test.

  Art 5(1) (RO-EVID-001) confers Romanian citizenship ope legis on a child born on Romanian territory to Romanian-citizen parents. The status vests at the moment of birth; the only administrative step is routine civil-status birth registration. None of the Art 8 conditions (residence, means, Art 8(1)(f)/(g) knowledge tests) apply (VC-RO-F-11). Art 5 is unamended by L14/2025 (VC-RO-F-29).

• Romanian citizen at birth by descent (Art 5(2)(b)), holding dual RO+ES nationality. Foreign birth certificate is transcribed into Romanian civil-status registers via the Romanian consulate.

  Art 5(2)(b) (RO-EVID-001) makes a child born abroad Romanian where even one parent is a Romanian citizen; birthplace is irrelevant. Romania permits dual citizenship and imposes no renunciation requirement (ECN full-house party, RO-EVID-068), so no conflict with the Spanish nationality. The practical step is consular transcription of the foreign birth certificate (apostilled, translated per the Art 16 documentary standard, RO-EVID-015), recognising a pre-existing status rather than granting a new one.

• If the father never validly lost Romanian citizenship, Daniel is Romanian by Art 5 continuity and seeks a DECLARATORY confirmation of a subsisting status. If a genuine loss is established, Daniel must instead use Art 10 (grade II) reacquisition.

  This is the communist-era continuity-disruption edge case. Where the parental Romanian line was never broken, every descendant remains Romanian by Art 5 jus sanguinis irrespective of generations or foreign births (RO-EVID-058); the route is confirmation of an existing status, not a grant. The substantive question (did citizenship vest at Daniel's birth?) is judged by the law in force at his 1992 birth, an intertemporal-law analysis. If the emigration did effect a valid loss, the case shifts to Art 10 reacquisition (RO-EVID-008), which is application-based and carries B1 language proof (with the former-citizen / age-65 exemptions, RO-EVID-035) - a materially different posture.

• Acquired Romanian citizenship at birth (Art 5), but the annulment of established filiation toward the Romanian parent triggers the NEW Art 30^1 loss ground UNLESS an anti-statelessness safeguard applies.

  Ioana was Romanian by Art 5 jus sanguinis at birth. L14/2025 introduced Art 30^1 (RO-EVID-025, RO-EVID-089): a child under 18 loses Romanian citizenship on the date the judgment removing established filiation toward the Romanian parent becomes final. But Art 30^1(2) protects the child if she resided lawfully in Romania > 5 years, would become stateless, or another filiation toward a Romanian citizen is established. Here, because removal would render Ioana stateless (no other nationality), the safeguard applies and she retains Romanian citizenship. This is the acquisition/loss interface (route overlap with RO-XCT-01); Tjebbes/Rottmann EU proportionality is the backstop (RO-EVID-076).

• Sofia is Romanian by Art 5(2)(b) only if her mother held Romanian citizenship at Sofia's birth. The unregistered/undocumented status does not negate the citizenship but must be evidenced up the line; if the mother is in fact Romanian by unbroken descent, both mother and Sofia are Romanian and seek confirmation/registration.

  Citizenship by descent is conferred by status, not by prior registration (RO-EVID-001, RO-EVID-058) - a parent can be Romanian by Art 5 without ever having documented it. The evidentiary burden is to establish the unbroken Romanian-citizen line: grandmother (Romanian citizen) -> mother (Art 5 at her birth) -> Sofia (Art 5(2)(b) at her birth). Documents must show each parental link and each ascendant's Romanian citizenship at the relevant birth (apostilled foreign civil-status acts with translations, RO-EVID-015). No degree limit caps this because there was no loss; the grade II/III caps apply only to Art 10/11 reacquisition (VC-RO-F-05), not to continuity. If any link in the line had validly lost citizenship before the next birth, the chain breaks and the case becomes reacquisition, not descent.