Passport Path
BirthFR-BTH-03

Acquisition à 18 ans Art 21-7

Citizenship in France

Timeline
medium
Renunciation
Not required

Overview

Under Code civil Article 21-7, a child born in France of foreign parents acquires French nationality automatically (de plein droit) at the age of majority (18) if, at that date, the child:

  1. is resident in France; AND
  2. has had habitual residence in France — continuous or discontinuous — for at least five years since the age of eleven.

No declaration, application, or active step is required from the young adult at age 18: acquisition operates by operation of law at majority (subject to the bars in Art 21-27 and the anticipating/declining mechanisms in Arts 21-8 to 21-11). This is the classic "jus soli at majority" pathway, conceptually distinct from:

  • FR-BTH-02double droit du sol (Art 19-3, attribution at birth where one parent was also born in France); and
  • FR-BTH-04déclaration anticipée (Art 21-11, allowing the minor to claim from age 13/16 instead of waiting for automatic acquisition at 18).

Temporal anchor: the operative version of Art 21-7 is in force since 01/01/2020 (Ord. 2019-964 art. 35), and is UNCHANGED by Loi 2024-42 as of 2026-05-30 (assert FR-EVID-E1-008; pins FR-SRC-A1-002, FR-SRC-E-001).


Legal basis

Pins (≥3): FR-SRC-A1-002, FR-SRC-E-008, FR-SRC-F-016, FR-SRC-A1-005 → 4 pins. Confidence: HIGH (0.97). All statutory; T1 Code civil + T1 CC decision.


Example scenarios

  • ELIGIBLE

    Textbook Art 21-7 — French de plein droit since 18; CNF pending tribunal judiciaire 6-12 months.

  • INELIGIBLE

    Birth-in-France strict gating condition; pursue FR-NAT-01 with 5y stage.

  • PROBABLY ELIGIBLE MODERATE TIER

    Residence calc ambiguity (NLR-FR-BTH-03-001); Conservative would reject; tribunal judiciaire greffe assessment fact-specific.

  • ELIGIBLE PENDING RECONSTRUCTION

    Loi 98-170 Art 50 transitional preserved; documentary burden principal challenge.

  • RENUNCIATION FORECLOSED ART 21-8 BUT ART 23-1 AVAILABLE

    Art 21-8 window expired; Art 23-1 perte par déclaration available with Spanish nationality proof.

Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-04-23.

Track changes to this route

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