100. A determination of whether a child has been granted nationality of another State at birth requires
consideration of whether the child has acquired the nationality from either of his or her parents on
the basis of descent.39 This determination must be made on the basis of an analysis of the nationality
legislation and its implementation of the parents’ State (or States) of nationality. States may also
consult the authorities of the parents’ country of nationality to establish whether the child is
considered a national of that country or countries. States must accept that a child is not a national of
another State if the authorities of that State indicate that he or she is not a national. A State can refuse
to recognize a person as a national either by explicitly stating that he or she is not a national or by
failing to respond to inquiries to confirm the child is a national.
101. When applying Article 6(4), it is necessary to examine the situation of the child. It is not sufficient
to examine whether the parents are stateless. In some instances one or both parents may possess a
nationality but cannot confer it upon their children, for example due to discrimination against women
with regard to conferral of nationality to children or limitations on conferral of nationality to children
born abroad. Thus, the Committee of Experts notes that legal provisions for a child born in their
territory to acquire the nationality of the State if the parents are stateless do not in themselves fulfil
the requirements of Article 6(4).
[…]
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