Yes. Under Article 144 of Guatemala’s Constitution, anyone born on Guatemalan territory, or on a Guatemalan ship or aircraft, is a Guatemalan of origin, whatever the parents’ nationality. The single exception is the children of diplomatic officials and of people in legally equivalent posts. That nationality cannot be taken away.
In short:
- Jus soli: Article 144 makes people born in Guatemala, or on its ships and aircraft, guatemaltecos de origen.
- No condition on the parents, except the exclusion of diplomats’ children and those of legally equivalent officials.
- Permanent: A ningún guatemalteco de origen, puede privársele de su nacionalidad (Art. 144).
- Also by descent: children of a Guatemalan father or mother born abroad are Guatemalan of origin too.
- Proof: RENAP birth registration. Foreign parents identify with a valid passport; a birth certificate costs Q15.00 at RENAP.
- Parents gain nothing under Art. 144; citizenship (ciudadanía) starts at 18 (Art. 147).
What Article 144 says
The article has two paragraphs, and both matter. The text on Congreso’s published Constitution reads:
“Son guatemaltecos de origen, los nacidos en el territorio de la República de Guatemala, naves y aeronaves guatemaltecas y los hijos de padre o madre guatemaltecos, nacidos en el extranjero”. “Se exceptúan los hijos de funcionarios diplomáticos y de quienes ejerzan cargos legalmente equiparados”.
“A ningún guatemalteco de origen, puede privársele de su nacionalidad”.
In English: Guatemalans of origin are those born in the territory of the Republic of Guatemala and on Guatemalan ships and aircraft, and the children of a Guatemalan father or mother born abroad. The children of diplomatic officials and of those in legally equivalent posts are excepted. No Guatemalan of origin can be deprived of their nationality.
Guatemala therefore combines two rules. One is birth on the territory (jus soli). The other is descent from a Guatemalan parent (jus sanguinis). Children born on Guatemalan soil get nationality de origen, the category that the article’s second paragraph protects from deprivation.
Who is Guatemalan under Articles 144-146
| Situation | Guatemalan? | Basis |
|---|---|---|
| Born in Guatemala to foreign tourists | Yes, of origin | Art. 144: born in the territory; no condition on the parents |
| Born in Guatemala to foreign residents | Yes, of origin | Art. 144 |
| Born in Guatemala to a foreign diplomat | Excepted | Art. 144: se exceptúan los hijos de funcionarios diplomáticos |
| Born in Guatemala to a parent in a post legally equivalent to a diplomat | Excepted | Art. 144: quienes ejerzan cargos legalmente equiparados |
| Born on a Guatemalan ship or aircraft | Yes, of origin | Art. 144: naves y aeronaves guatemaltecas |
| Born abroad to a Guatemalan father or mother | Yes, of origin | Art. 144 |
| National by birth of a former Central American Federation republic, domiciled in Guatemala, who declares the wish to be Guatemalan | Considered Guatemalan of origin | Art. 145 |
| Anyone else who naturalises | Yes, naturalised | Art. 146: same rights as Guatemalans of origin, except limits set by the Constitution |
Two points in this table are easy to miss. First, Article 144 does not mention the parents’ immigration status or length of stay; the only exception it lists is the diplomatic one. Second, that exception covers the children of funcionarios diplomáticos and of those in legally equivalent posts. The article does not list which posts count as legalmente equiparados.
For the reverse case, a child born in the US who is Guatemalan through a parent, see registering a US-born child as Guatemalan.
Article 145: Central Americans
Article 145 extends Guatemalan nationality of origin to “los nacionales por nacimiento, de las repúblicas que constituyeron la Federación de Centroamérica”. Two conditions apply: they acquire domicile in Guatemala, and they state their wish to be Guatemalan before the competent authority. The article adds that they may keep their original nationality, subject to Central American treaties. This route is for nationals by birth of the other former Federation republics who settle in Guatemala. It has nothing to do with being born in Guatemala.
Nationality now, citizenship at 18
The Constitution uses two words. Nacionalidad comes at birth under Article 144. Ciudadanía, with political rights, comes later. Article 147 reads “Son ciudadanos los guatemaltecos mayores de dieciocho años de edad”. A baby born in Guatemala to foreign parents is a Guatemalan national from birth and becomes a citizen at 18, on the same terms as any other Guatemalan.
What Article 144 does not do for the parents
Article 144 grants nationality to the child. For births in Guatemala it sets no condition on the parents’ residence, visas or nationality, apart from excluding diplomats’ children (its clause on parentage concerns children of Guatemalan parents born abroad), and Articles 145 to 147 do not mention any residency or nationality benefit for the parent of a Guatemalan-born child. The Constitution’s route for a foreigner is naturalisation, which Article 146 leaves to the law: “Son guatemaltecos, quienes obtengan su naturalización, de conformidad con la ley”.
Registering the birth with RENAP
Nationality under Article 144 arises from the birth itself. The RENAP birth registration is the document that proves it. RENAP’s requirements for a birth in Guatemala (Inscripción de nacimiento en la República de Guatemala):
- Birth report (informe de nacimiento) issued by a hospital, a doctor, a nurse or a midwife accredited by the Ministerio de Salud Pública y Asistencia Social, by the fire brigade or by the local authority. If someone else issues it, the signatures of the parents (or only the mother) and of the issuer must be legalised.
- Parents’ ID. If the parents are not married or in a registered union, both must appear. If they are, one parent can attend with the ID of both. RENAP’s identification rule for foreigners: “Los extranjeros se identificarán con pasaporte vigente”. Central Americans may also use their national ID document, and refugees the refugee ID card issued by Migración.
- RENAP’s form for the registration, where one exists for that type of entry. RENAP links its birth-registration request form from the same page.
- Payment receipt only for late (extemporánea) registration. Late registration of a minor is a separate procedure. Without a birth report, it requires a sworn statement from two adults before the civil registrar.
RENAP’s tariff list sets Q15.00 for a certified copy of a birth registration (Certificación de Inscripción de nacimiento), and US$6.00 when it is requested abroad through a consulate or online. Ordering certificates is covered in RENAP birth certificate.
The other nationality
Article 144 decides only whether the child is Guatemalan. Whether the child also holds the parents’ nationality is decided by the parents’ country, not by Guatemala. For US parents, the US side of a birth in Guatemala is covered in giving birth in Guatemala, which also covers hospitals and costs, and US citizen services at the embassy. How Guatemala treats a second nationality is covered in dual citizenship, Guatemala and the USA.
Sources
All retrieved 9 November 2026.
- Constitución Política de la República de Guatemala, Arts. 144-147, Congreso de la República — https://www.congreso.gob.gt/assets/uploads/secciones/pdf/16e67-constitucion-politica-de-la-republica-de-guatemala.pdf
- RENAP, Inscripción de nacimiento en la República de Guatemala (requirements) — https://www.renap.gob.gt/servicios/inscripcion-de-nacimiento-en-la-republica-de-guatemala
- RENAP, Inscripción de nacimiento extemporáneo para menor de edad — https://www.renap.gob.gt/servicios/inscripcion-de-nacimiento-extemporaneo-para-menor-de-edad
- RENAP, Tarifario de los servicios (Acuerdos de Directorio 15-2020, 26-2020, 35-2020, 12-2021 and 62-2022) — https://www.renap.gob.gt/sites/default/files/Comunicacion-Social/pdf/tarifario-renap.pdf
Frequently Asked Questions
Does Guatemala have birthright citizenship?
Yes. Article 144 of the Constitution says that people born in the territory of the Republic of Guatemala, and on Guatemalan ships and aircraft, are Guatemalans of origin. The article sets no condition on the parents’ nationality or residence. Its only exception is for the children of diplomatic officials and of people in legally equivalent posts.
Is a baby born in Guatemala to tourists Guatemalan?
Under Article 144, yes. The article covers everyone born on Guatemalan territory and does not mention the parents’ immigration status, so it makes no distinction between tourists, residents and citizens. The only parents it excludes are diplomatic officials and those in legally equivalent posts. To document the birth, register it with RENAP; foreign parents identify themselves with a valid passport.
Can Guatemala take away citizenship from someone born there?
The Constitution says no. Article 144 ends with the sentence that no Guatemalan of origin can be deprived of their nationality. This applies to everyone Article 144 makes Guatemalan of origin, including children born in Guatemala to foreign parents.
Do the parents get residency or citizenship because their baby was born in Guatemala?
For a child born in Guatemala, Article 144 sets no condition on the parents, except to exclude diplomats’ children (its parentage clause covers children of Guatemalan parents born abroad). It grants nationality to the child only. The Constitution’s route for foreigners who are not Guatemalan of origin is naturalisation under Article 146, done in accordance with the law; for nationals by birth of the former Central American Federation republics, Article 145 has a separate route based on domicile and a declaration.
How do foreign parents register a baby born in Guatemala?
At RENAP, the national registry. Bring the birth report (informe de nacimiento) issued by the hospital, a doctor, a nurse or a midwife accredited by the Ministry of Health, the fire brigade or the local authority, plus RENAP’s form. Foreigners identify themselves with a valid passport. If the parents are married or in a registered union, one parent can attend with both parents’ ID; if not, both must appear. A birth certificate (certificación) then costs Q15.00 at RENAP offices.
Is a child born in Guatemala a Guatemalan citizen with voting rights?
Not until adulthood. The Constitution separates nationality from citizenship: Article 144 makes the child a Guatemalan of origin at birth, while Article 147 says citizens are Guatemalans over eighteen years of age.
