obligations to grant its nationality to an otherwise stateless person based on its
interpretation of another State’s nationality laws which conflicts with the
interpretation applied by the State concerned.5
Undetermined nationality
14. Some States may make a finding that a child is of “undetermined nationality”.
When this occurs, States should seek to determine whether a child is otherwise
stateless as soon as possible so as not to prolong a child’s status of
undetermined nationality. For the application of Articles 1 and 4 of the 1961
Convention, such a period should not exceed five years which is the maximum
period of residence which may be required under Article 1(2)(b) of the
Convention where a State has an application procedure in place (see below at
paragraph 28). While designated as being of undetermined nationality, these
children should have access to all social services on equal terms as citizen
children. If a Contracting State of birth has opted to grant its nationality to
otherwise stateless children automatically, children of undetermined
nationality should be treated as possessing the nationality of the State of birth
unless and until the possession of another nationality is proven.
Possibility to acquire the nationality of a parent by registration
15. Responsibility to grant nationality to otherwise stateless children is not
engaged where a child is born in a State’s territory and is stateless, but could
acquire the nationality of a parent by registration with a State of nationality of
a parent, or a similar procedure such as declaration or exercise of a right of
option. However, as a general rule it is only acceptable for Contracting States
to maintain an exception for granting their nationality to children who would
otherwise be stateless if a child can acquire the nationality of a parent
immediately after birth and the State of a parent does not have any discretion
to refuse the grant of nationality. It is recommended that States that maintain
this exception assist parents in initiating the relevant procedure with the
authorities of the State of nationality of the parents.
16. Moreover, this exception should not be triggered if a child’s parents have good
reasons for not registering their child with the State of their own nationality.
States normally apply a test of reasonableness in this regard. This needs to be
determined depending on whether an individual could reasonably be expected
to take action to acquire the nationality in the circumstances of their particular
case.
Considerations for refugee children
Persons under International Law (UNHCR 2010) and Summary Conclusions of Expert Meeting Statelessness Determination Procedures and the Status of Stateless Persons (UNHCR 2010).
5
With regard to the key importance of the views of the State concerned in establishing whether a
person is a national, or stateless, see Section B of Summary Conclusions of the Expert Meeting on the
Concept of Stateless Persons under International Law (UNHCR 2010).
5