Being born in Australia does not, on its own, make a child an Australian citizen. Under section 12 of the Australian Citizenship Act 2007, a child born in Australia is automatically a citizen only if at least one parent is an Australian citizen or permanent resident on the day the child is born. A parent’s European passport has no bearing on this result in itself.
This is a question many newly arrived families ask. Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), looks at it from two angles: what Australian law says, and what Australian law does not decide at all.
If a parent holds a European passport and the child is born in Australia
The section 12 rule is a conditional birthplace rule with two requirements that must both be met. The first is that the child is born in Australia. The second is that at least one parent is an Australian citizen or permanent resident at that moment. As Dr. Ahmadi explains, the parents’ status is assessed on the “day of birth”, not earlier and not later. It is also enough for only one parent to meet the requirement. So if a parent who holds a European passport is also an Australian citizen or permanent resident, or if the other parent has that status, the child is an Australian citizen from birth.
For parents who are New Zealand citizens, the Australian Department of Home Affairs has stated that children of eligible New Zealand citizens, including holders of a Special Category visa, may be Australian citizens by birth in Australia.
The ten-year rule: a pathway independent of the parents’ visa status
Section 12(b)(1) provides another pathway. A child born in Australia who is ordinarily resident in Australia throughout the first ten years of their life automatically becomes an Australian citizen on their tenth birthday. This rule does not depend on the parents’ visa status or citizenship. So even if both parents hold temporary visas, the child can automatically become an Australian citizen at the age of ten.
European citizenship is determined by that country’s own law
Australian law does not decide whether a child acquires a parent’s European citizenship. The answer lies in the citizenship law of the European country concerned. For example, you need to check whether that country passes citizenship to children born outside its territory, and whether a separate registration is required. For children who would otherwise be stateless, sections 16 and 21 of the Australian Citizenship Act also contain special provisions.
The practical outcome is clear. If one parent is an Australian citizen or permanent resident on the day of birth, the child is an Australian citizen. If not, the ten-year rule remains available. European citizenship is a separate matter that must be pursued under that country’s law.
If you would like your child’s situation assessed against the details of your own family, so that you can make decisions about their future with confidence, Dr. Sirous Ahmadi is ready to review your case personally and show you the right path.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on November 5, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.