Good practices in access to universal birth registration for the prevention of
childhood statelessness
The law also has safeguards for foundlings, adopted children and children born to
Portuguese citizens outside Portugal. In addition, a 2022 amendment to the Nationality
Regulation establishes that, if the authorities of a third country do not reply to an official
query about a person’s nationality within three months, it is presumed that the person
concerned does not have the nationality of that country.175 Further, in 2023, the Parliament
adopted a new law (in force since 10 August 2023) which provides a definition of a
stateless person and establishes that people who are recognized as stateless pursuant
to the 1954 Convention have an entitlement to legal status in Portugal on the basis
of statelessness and to a travel document. This necessitates the establishment of a
statelessness determination procedure.176
The impact of good practices in birth registration
Portugal’s pro-active approach to birth registration and nationality appears to have resulted
in no or very low numbers of stateless children being born in Portugal.
175 Regulation on Portuguese Nationality, Decree Law n. 237-A/2006, amended by Decree Law n. 41/2023, as
amended 2 June 2023, Article 36, [in Portuguese].
176 Decree Law n. 41/2023, 10 August 2023, Portugal/Official Gazette No. 155/2023, 10 August 2023, [in
Portuguese].
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