T H E G L O B A L S TAT E O F C I T I Z E N S H I P
ship, which would not be the case if the child were born to
a non-citizen mother with the same qualifications. This is
known as a double ius soli provision, and in these two countries, this provision exists with a differentiation based on
the sex of the parent. In Tunisia, there is a similar provision
where the grandfather of the child must also be born in the
country (triple ius soli).
couple to adopt a child, and there are even more countries
where a non-biological same-sex parent cannot be legally recognised as a parent. The regulations that prevent the recognition of same-sex parenthood or adoption are often not in
the citizenship law itself but in the state’s family law and parental recognition guidelines, which affect the child’s access
to citizenship. For example, in Italy, same-sex couples cannot
be registered as parents and thus, cannot transmit citizenship
Children born to same-sex couples face further challenges.
automatically to a child if they are the non-biological parent.
In 45 countries across the globe, it is illegal for a same-sex
D I D YO U K N OW ?
in the acquisition of Italian citizenship. Moreover,
couples travelling abroad to have a baby through an
international surrogacy arrangement could face up
to two years in jail and a fine of one million euros.
This law disproportionately affects same-sex couples
who do not have the right to adopt in Italy. This
case shows how adjacent laws and policies can affect
equality in the acquisition of citizenship.
Surrogacy is a “universal crime”
in Italy
In October 2024, Italy passed a law that would make
surrogacy a “universal crime,” leaving children born
through this modality at risk of statelessness. Italian
municipalities have been directed not to register children born through surrogacy, which is a crucial step
2.3 MARRIAGE-BASED CITIZENSHIP ACQUISITION
Share and number of countries with type of provision providing facilitated access to citizenship for spouses of citizens | 191
countries | 2024
Generally applicable
66%
Gender restriction: only for female
spouse of male citizen
17%
Gender restriction: only for male
spouse of female citizen
1%
1
Gender differentiation (residence
requirement differs by gender)
5%
10
Group restriction
1%
1
No provision
10%
127
32
20
Share and number of countries
Source: GLOBALCIT Citizenship Law Dataset, v3, mode A08
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