Being born in Australia does not, on its own, make a child an Australian citizen. This surprises a lot of parents, and it surprises them at the worst possible moment, usually when they are trying to get a passport or work out what happens when their own visa ends.
Australia moved away from unconditional birthright citizenship in 1986. What replaced it is a two limb test, and most families satisfy one limb without realising there is a second.
What section 12 actually says
Section 12(1) of the Australian Citizenship Act 2007 puts it in unusually blunt language:
A person born in Australia is an Australian citizen if and only if:
(a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or
(b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.
“If and only if” is the phrase to sit with. There is no third route in this section. A child born in Australia is a citizen under one of those two limbs, or not under this section at all.
Limb one: the parent test, measured on the day of birth
If either parent is an Australian citizen or a permanent resident at the time the child is born, the child is an Australian citizen automatically. No application, no fee, no waiting.
The timing is the whole thing. It is the status on the day of the birth that counts, not the status now.
That produces two results families find counterintuitive:
- A parent who becomes a permanent resident the month after the birth does not make that child a citizen under limb one. The child was born before the status changed.
- A parent who held permanent residence at the birth but later lost it does not undo the child’s citizenship. It was acquired at birth and it does not depend on the parent keeping the status.
Only one parent needs to qualify.
Limb two: the ten year rule
If neither parent was a citizen or permanent resident at the birth, the child can still become a citizen under limb 12(1)(b), by being ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.
This is the limb that matters to families on temporary visas. Citizenship is acquired on the tenth birthday, provided the child has been ordinarily resident here throughout that whole decade.
Note what it does not require. It does not require the parents to have any particular status at any point. It does not require the child to hold a permanent visa. It turns on the child’s own residence over those ten years.
The words doing the work are “ordinarily resident” and “throughout”. A holiday is not a break in ordinary residence. An extended period living overseas may well be. If your family has spent significant time out of Australia during those years, this is worth getting specific advice on rather than assuming.
The wrinkle in between
There is a gap that catches families out. A child born here to temporary visa holders is not a citizen at birth and does not become one for a decade. In the meantime, the child needs their own visa status.
That child does not automatically inherit a parent’s visa by being born here. Depending on circumstances, they may be taken to hold a visa of the same kind as a parent held at the time of birth, or they may need an application made for them. It is not something to leave until a passport is needed for travel.
If a parent’s pathway to permanent residence is progressing, the sequencing matters. A child included in a parent’s permanent visa application is on a very different footing to one waiting out ten years.
The other ways a child can be a citizen
Section 12 is not the only route, and two neighbouring provisions are worth knowing.
Adoption, section 13. A person is an Australian citizen if adopted under a law in force in a State or Territory, by a person who is an Australian citizen at the time of the adoption or by two people jointly at least one of whom is, and the person is present in Australia as a permanent resident at that time.
Abandoned children, section 14. A person found abandoned in Australia as a child is an Australian citizen, unless and until the contrary is proved.
Separately, a child born overseas to an Australian citizen parent is not covered by section 12 at all. That is citizenship by descent, which is an application rather than an automatic acquisition, and we cover it in our guide to Australian citizenship by descent.
Proving it, which is where most people actually get stuck
An Australian birth certificate records the birth. It does not, by itself, establish citizenship, because it says nothing about the parents’ migration status on the day.
For a child who is a citizen under limb one, the practical evidence is the birth certificate together with evidence of the qualifying parent’s citizenship or permanent residence at the time of birth. Passport applications are where this usually comes up.
Where that evidence is awkward to assemble, or where someone needs to demonstrate citizenship formally, an application for evidence of Australian citizenship produces a certificate confirming the status. People born in Australia before the 1986 change sometimes need this too, when a passport office asks a question their birth certificate cannot answer.
Frequently asked questions
If my baby is born in Australia, are they automatically a citizen?
Only if a parent is an Australian citizen or a permanent resident at the time of the birth. Otherwise the child may become a citizen on their tenth birthday by being ordinarily resident in Australia throughout the ten years from birth.
Does having a baby in Australia give the parents residency?
No. Section 12 determines the child’s citizenship. It confers nothing on the parents, and a child’s citizenship does not create a visa pathway for a parent by itself.
What if I become a permanent resident after my child is born?
Limb one is assessed at the time of the birth, so a later grant does not engage it. In practice, families in this position usually deal with the child’s status through the parent’s own migration pathway rather than waiting ten years.
Does the ten year rule need the child to hold a visa?
Section 12(1)(b) turns on the child being ordinarily resident in Australia throughout the ten years. The child’s visa position during that period is a separate question, and it does need attention.
Do people born in Australia have a citizenship certificate?
Not usually. Citizenship under section 12 is acquired automatically, so there is no certificate issued at the time. If you need formal proof, you can apply for evidence of Australian citizenship.
Is a child adopted in Australia a citizen?
Section 13 provides for citizenship by adoption where the adoption is under a State or Territory law, at least one adopting parent is an Australian citizen at the time, and the person is present in Australia as a permanent resident at that time.
A realistic next step
If your child was born here while you were on a temporary visa, the useful question is not really about the tenth birthday. It is about what status your child holds between now and then, and whether your own pathway can bring them with you sooner. Our team advises on family migration and children’s visas, and you can book a consultation with our migration lawyers to work out where your child stands.
About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is an Australian Legal Practitioner and a Registered Migration Agent (MARN), and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application. Figures were current as of August 2026; always check immi.homeaffairs.gov.au before lodging.
