The concept of birth tourism has been stirring up debates on whether it’s a smart strategy or an unfair loophole. Some see it as a way for parents to give their kids a better future, while others argue it’s being abused and putting a strain on resources.
With more countries tightening their rules and cracking down on the practice, the conversation around birthright citizenship isn’t going away anytime soon. In this gallery, you'll find out more about birth tourism, including what it is and where it's legal.
Curious about birth tourism and how it's impacting the world? Click through now.
Birth tourism is when a pregnant person travels to another country to give birth there so the child can automatically acquire citizenship. Benefits that the child has access to can also extend to the parents in some cases and be very advantageous in terms of residency and public services.
Jus soli is a legal principle that grants individuals citizenship based on the soil of the particular country they're born in.
In countries with restricted birthright citizenship, individuals must meet additional conditions beyond simply being born within the country’s territory. These conditions may include having at least one parent born in the country, two citizen parents, or a parent physically present in the country for a certain period before the birth.
On the other hand, jus sanguinis grants citizenship based on the nationality of one or both parents regardless of the place of birth.
Phoebe Dong, a woman from California, was sentenced on Monday, January 27, 2025, to over three years in prison for a long-running birth tourism business. Previously, she would help women in China travel to the US to deliver babies who automatically became American citizens.
US District Judge R. Gary Klausner sentenced Poebe Dong to 41 months in prison and ordered her to be placed in custody immediately.
Months earlier, in September 2024, Dong and her husband were convicted of conspiracy and money laundering through their company, US Happy Baby. The company was part of a broader probe into businesses that were facilitating birth tourism for Chinese women.
The sentencing occurred amid a debate over birthright citizenship in the US, sparked by President Trump's executive order to narrow its definition—a move later blocked by a federal judge as “blatantly unconstitutional.”
Portugal has favorable citizenship laws and offers benefits to both the child and parents, assuming certain conditions are met.
Children who are born in Portugal can have Portuguese citizenship as long as one parent has been a legal resident in the country for at least one year before a child is born. Alternatively, one parent has to be a Portuguese citizen.
Until 2005, Ireland offered jus soli citizenship. However, since then, some restrictions have been put in place.
Citizenship eligibility now depends on the parents' residency status. If neither parent is an Irish citizen, the child can still obtain citizenship if at least one parent legally resided in Ireland for three of the four years immediately before the child's birth.
Spain doesn't offer residency or citizenship automatically, however, having a child with Spanish citizenship can mean the parent's residency application would fall under family reunification laws.
If neither parent is a Spanish citizen, children can still be eligible if they live in Spain for one year continuously.
Luxembourg grants conditional birthright citizenship based on parental residency. A child born in Luxembourg can acquire citizenship if both parents were present in the country for 12 months before birth or if they have lived in Luxembourg continuously for five years before turning 18.
This policy makes Luxembourg appealing for birth tourism, and citizenship can aid family reunification. Luxembourg’s strong passport and EU membership further enhance its attractiveness for those seeking citizenship through birth.
In Greece, you'll find most laws on jus sanguinis mean that citizenship is passed predominantly through Greek ancestry.
However, if the child's parents are foreign nationals and have legal residency, then the child can apply for citizenship in Greece and must complete at least six years of Greek schooling.
This delayed process requires long-term residency and integration, with alternatives like naturalization or citizenship by descent available for those who do not meet birthright conditions.
In Canada, if your child is born there, then they are Canadian, regardless of the parent's nationality or legal status.
Foreign diplomats who are stationed in Canada don't receive citizenship automatically.
In Mexico, citizenship is based on jus soli. This means that any child born in Mexico automatically acquires Mexican citizenship.
This is applicable to all children regardless of the parents' nationality, immigration status, or residency.
Antigua and Barbuda give citizenship automatically to any child born there after October 31, 1981.
Exceptions are children of foreign diplomats and of foreign parents whose home countries are at war with Antigua and Barbuda.
Children born in Costa Rica are granted automatic citizenship.
Parents also have advantages in that they can apply for permanent residency via family reunification laws.
As mentioned, there is a lot of political debate going on in the US about this topic. Until now, the US has unrestricted birthright citizenship for children born there.
It is also beneficial for the parents because when the child turns 21, then they can sponsor their parents so they can get a green card through family reunification.
Sources: (Global Citizen Solutions) (Britannica)
See also: Jus sanguinis: could this be your ticket to European citizenship
Countries with birthright citizenship
The birth tourism dilemma
LIFESTYLE Immigration
The concept of birth tourism has been stirring up debates on whether it’s a smart strategy or an unfair loophole. Some see it as a way for parents to give their kids a better future, while others argue it’s being abused and putting a strain on resources.
With more countries tightening their rules and cracking down on the practice, the conversation around birthright citizenship isn’t going away anytime soon. In this gallery, you'll find out more about birth tourism, including what it is and where it's legal.
Curious about birth tourism and how it's impacting the world? Click through now.