Exceptions to ban on dual citizenship in india

983 votes

India does not allow dual citizenship. If a child is born in a jus soli country and acquires that citizenship automatically, applying for Indian citizenship under Section 4(1) of the Citizenship Act, 1955 requires careful legal compliance—especially to avoid conflict with Section 9, which leads to automatic loss of Indian citizenship upon acquiring another. For families navigating this complex situation, legal representation is essential to ensure the child’s citizenship status is protected, compliant, and properly documented. We can assist with the application process, necessary declarations, and long-term legal strategy to safeguard both rights and residency.

Advocate Arjun S LawRato

994 votes

A child born outside India to Indian parents may acquire foreign citizenship automatically if born in a jus soli country (like the U.S.). As per the Indian Citizenship Act, 1955, the child can also acquire Indian citizenship by descent if the birth is registered at the Indian consulate within one year. However, India does not allow dual citizenship. Until the child turns 18, they may hold both citizenships de facto, but legally under Indian law, dual citizenship is not recognized. Upon turning 18, the child must choose one citizenship within six months (i.e., by 18.5 years). If they retain the foreign passport beyond that, Indian citizenship is automatically terminated under Indian law. Therefore, while the child may appear to be a dual citizen for a time, they must make a formal choice by 18.5 to retain Indian citizenship. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.

Advocate Venkatakrishnan A M LawRato