Slovak Citizenship for Minors

In this article, we will discuss the cases in which a minor child can acquire Slovak citizenship.

The most common and simplest way of acquiring citizenship is by birth. Upon fulfilling the legal conditions, individuals can obtain citizenship directly by birth, without the need for a special procedure for its granting, meaning independently of their will.

The law also recognizes the legal fiction of acquiring Slovak citizenship by birth. This means that a child is considered a Slovak citizen until it is proven that they are a citizen of another state, in cases where:

A child of a foreign national and a Slovak citizen is also a citizen of the Slovak Republic, even if it is later revealed that the Slovak citizen is not the child’s parent. In this case, the child retains Slovak citizenship.

In practice, situations often arise where a person is unaware that they have acquired Slovak citizenship by birth. The legal framework has been frequently amended in the past, and the conditions have changed. Therefore, it is always necessary to follow the law in effect at the time of birth. Verification of whether a person has acquired Slovak citizenship can be done at any time during their life by applying for a Certificate of Citizenship.

Pursuant to Section 6 of Act No. 40/1993 Coll. on Citizenship:

According to the Family Act, only a minor child can be adopted.

The acquisition of citizenship through adoption represents a derivative method of acquiring citizenship, as it is based on the citizenship of the adoptive parent. Citizenship is acquired ex lege – automatically by operation of law.

Unlike the general granting of citizenship, several exceptions apply to minors. For example, they are not required to meet the 8-year condition of continuous permanent residence in Slovakia if the application is submitted based on an exception under Section 7(2)(d) of the Citizenship Act, where the following conditions must be cumulatively met:

A minor under the age of 14 at the time of submitting the application is not required to prove proficiency in the Slovak language. For minors older than 14, Slovak language proficiency is verified in the presence of their legal representative.

In the case of submitting an application for a minor older than 14 years, the application must also include the applicant’s questionnaire, which must be signed by both parents. If it is signed by only one parent, the consent of the other parent with an officially certified signature is required.

The application on behalf of a minor is submitted by their legal representative, guardian, or custodian.Maloleté deti do 14 rokov, ktoré ich rodič uviedol vo svojej žiadosti o udelenie štátneho občianstva Slovenskej republiky, nadobúdajú štátne občianstvo Slovenskej republiky spolu s rodičom.

Ak žiadateľ uvedie v žiadosti maloleté dieťa a druhý rodič nepodal rovnakú žiadosť, je potrebný súhlas druhého rodiča, ktorého podpis musí byť úradne osvedčený. Súhlas druhého rodiča možno nahradiť právoplatným rozhodnutím súdu. Súhlas sa nevyžaduje, ak druhý rodič je pozbavený rodičovských práv alebo jeho rodičovské práva sú obmedzené, alebo jeho spôsobilosť na právne úkony je obmedzená.

Minor children under the age of 14, who are included in their parent’s application for granting Slovak citizenship, acquire Slovak citizenship together with the parent.

If the applicant includes a minor child in their application and the other parent has not submitted the same application, the consent of the other parent is required, with their signature officially certified. This consent may be replaced by a final court decision. Consent is not required if the other parent has been deprived of parental rights, their parental rights have been restricted, or their legal capacity has been limited.

Parents and their minor children who have reached the age of 14 must submit separate applications for granting Slovak citizenship.