Legal Definitions - native

In legal terms, the word native primarily refers to a person's connection to a specific place, region, or nation, usually established by their birth. This connection can determine citizenship or national origin. More broadly, it can also describe a person born outside a country whose parents are citizens of that country, or an individual belonging to an indigenous group of a particular area.

• Example 1 (Citizenship by Birth): A child is born in the United States to parents who are not U.S. citizens but are legally residing in the country. Under U.S. law, which follows jus soli (right of soil), this child automatically acquires U.S. citizenship by virtue of being born on American soil.

  Explanation: This child is considered a native U.S. citizen because their citizenship is established solely by their place of birth within the nation's territory, regardless of their parents' nationality.

• Example 2 (Citizenship by Parentage): An individual is born in Japan while their parents, both citizens of the United Kingdom, are temporarily stationed there for diplomatic service.

  Explanation: Although born abroad, this individual is considered a native British citizen because their national origin and citizenship derive from their British parents, not their place of birth. This illustrates the broader legal sense where citizenship can be inherited.

• Example 3 (Indigenous Context): A member of the Aboriginal community in Australia, whose ancestors have inhabited the continent for tens of thousands of years.

  Explanation: This individual is considered a native of Australia in the sense that their ancestry and cultural heritage are indigenous to that land, predating colonial settlement. This usage emphasizes a deep, historical, and cultural connection to a specific territory and its original inhabitants.