8 1 NO CHILD SHOULD BE STATELESS CHILDREN WHO CANNOT INHERIT A NATIONALITY FROM THEIR PARENTS UNACCOMPANIED OR SEPARATED CHILDREN OUTSIDE THEIR COUNTRY OF ORIGIN Four of the top ten countries of origin of asylum applicants in Europe in 2019 have problematic nationality laws that mean children may not be able to inherit a nationality from their parents and can be born stateless abroad.20 Gender discriminatory nationality laws in, for example, Syria, Iran and Iraq, mean that conferral of nationality outside of the country of origin is not always possible when the child cannot acquire a nationality from their father.21 Some nationality laws, which take a jus sanguinis approach, such as Venezuela’s, require children born to nationals abroad to register with State authorities in order to establish their nationality bond. This is impossible for refugees who are unable to approach the authorities of their country of origin, as this may put their safety or international protection status at risk, consequently preventing these children from inheriting their parents’ nationality.22 Children in migration are also more likely to be at risk of statelessness due to conflicts between nationality laws of different States, because their birth or movement across borders is usually linked to the nationality laws of at least two States.23 Unaccompanied or separated children on the move are also at heightened risk of statelessness, as they often face additional barriers to establishing their identity and providing proof of ties to either their parents or country of origin.26 Despite UNHCR guidance recommending special procedural considerations in statelessness determination procedures for unaccompanied children, this has not been widely implemented. Where countries have a statelessness determination procedure established in law, the general procedure is often applied to unaccompanied children without adaptation, the burden of proof remains with the child, and there is little evidence of unaccompanied children being provided with a guardian or granted legal aid or other specialist support.27 CHILDREN FROM FAMILIES WITH COMPLEX HISTORIES OF DISPLACEMENT Some countries of origin have complex histories of displacement that heighten the risk of nationality problems arising for their populations. For example, Iran has hosted a large population of Afghan refugees for the past 40 years. Up to two million Afghan refugees in Iran are undocumented and living without a formal residence status or access to assistance.24 Many face significant barriers to proving either Afghan or Iranian nationality, reducing the possibility of their children acquiring any nationality. Many Afghan refugees from Iran have been forcibly displaced again to another country with many moving to Europe, heightening the risk of their children being unable to acquire any nationality.25 OTHER CHILDREN IN MIGRATION POTENTIALLY AFFECTED BY STATELESSNESS Other children in migration may also be at risk of statelessness in Europe, such as children of same-sex couples, children born as a result of surrogacy arrangements and abandoned children (foundlings). The enjoyment of LGBTQI* rights varies across Europe, including the recognition of same-sex partnerships or marriages and the recognition of legal parental ties between children and their non-biological LGBTQI* parents. As a result, LGBTQI* families in Europe can face problems with civil documentation, birth registration, and conferral of nationality.28