Суд в Аргентине
Childbirth Argentina

An Argentine court ruled that a decree restricting citizenship by birth was unconstitutional

Author:

Alexey Nosovsky

29 August 2025
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On May 29, 2025, the Argentine government issued Decree 366/2025 (Decreto 366/2025). The decree required foreign parents to reside in the country with a residence permit for at least two years before they could obtain Argentine citizenship through the birth of a child. Immediately after its publication, the legal community declared Decree 366/2025 contrary to the Argentine Constitution, arguing that it violated the right of foreigners to citizenship by birth.

On August 27, 2025, a significant legal precedent was set, offering a glimmer of hope. iWorld lawyers obtained a court decision declaring Decree 366/2025 unconstitutional with respect to our client.

iWorld lawyers prepared the necessary legal documentation, filed a lawsuit, and appeared in court. The judge agreed that the amendments violated human rights and were contrary to current legislation.

Here is an excerpt from the court decision that declared Decree 366/2025 unconstitutional:

The work done to achieve the outcome established a precedent that suggests Argentine citizenship can be obtained under the previous terms. The court ruled that the executive branch cannot restrict foreigners’ right to acquire citizenship.

For those planning to give birth abroad, the decision is great news. Although the court decision concerns a specific case, it shows that, despite changes in legislation, there is reason to believe that citizenship through childbirth in Argentina can be obtained without the mandatory two years of residence. Our clients’ citizenship case has already been approved and is in process.

The decision of the Argentine court became an important precedent in the field of migration law, which is why it is such a significant ruling. It proves that, even when the government amends legislation, foreign nationals have a chance to seek justice. The only thing needed is the help and support of qualified lawyers.

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