up to her full potential. The background note is intended as a roadmap for reform, highlighting
that a few simple changes can advance sustainable development and eliminate one of the root
causes of statelessness.
Scope of the background note
This background note examines gender discrimination in nationality legislation that prevents
women from conferring nationality on their children on an equal basis with men. Previously,
this analysis was restricted to conferral of nationality by parents who are nationals at birth on
their biological children. This year’s update expands the scope to also include:
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Conferral of nationality by parents who became nationals later in life on their
biological children
Conferral of nationality by parents on adopted children
Given that the previous scope only considered the first category, UNHCR continues to
reference the number of countries where gender discrimination in nationality conferral by
biological mothers who are nationals by birth persists—currently standing at 24—while
separately noting the additional countries where other forms of discrimination regarding
conferral of nationality on children exist.
While this background note focuses exclusively on the conferral of nationality on children, it is
important to recognize that gender-based discrimination in nationality laws extends beyond
this issue. Around 45 States do not provide equal rights to men and women concerning the
acquisition, change, or retention of nationality upon changes in civil status. However, these
aspects fall outside the scope of this background note.
The survey is further limited to issues concerning the conferral of nationality on children born as
of March 2025. In some cases, States that have amended their laws to ensure equal nationality
transmission rights for mothers and fathers have not made these reforms retroactive. As a result,
children born before the reform may still face barriers to acquiring nationality from their mothers
on the same basis as they would from their fathers. Such situations are not included in this note.
Additionally, certain States provide for equal nationality transmission rights for mothers and
fathers but allow nationality conferred by the mother to be repudiated before the child reaches
the age of majority. When this provision does not apply to nationality conferred by fathers, it
represents a form of gender discrimination. However, such provisions are not covered within
the scope of this background note.
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