39. The matter of acquisition and loss of Czech nationality is governed by the Law on Czech Citizenship (“Citizenship Act”).57 As a general rule, nationality is automatically acquired at birth if at least one parent has Czech nationality, no matter where the child is born. Positively, there are provisions to protect the right to a nationality of children born to refugees, foundlings, and to prevent statelessness in the adoption process. There are however some shortcomings with regard to the prevention of statelessness, where the Citizenship Act is not aligned with the Czech Republic’s obligations under the 1961 Convention. 40. While Czech law provides for stateless children born on the territory to acquire nationality, the child’s ability to acquire Czech nationality depends on the status and actions of the parents. A child born in the territory of the Czech Republic, who would otherwise be stateless, automatically acquires Czech nationality by birth if both parents are stateless and when at least one of the parents has a permit to reside in the Czech Republic for a period longer than 90 days at the time of the child’s birth. Where this is not the case, children must lodge an application for nationality (a Certificate of Czech Citizenship). In this case, children need to prove that they have not become stateless only because the parent who holds a nationality failed, without serious reasons, to take the necessary steps before the authorities of their country of nationality that would ensure that the child obtains the nationality of that country upon birth. As in the case of automatic acquisition of nationality, at least one of the parents must have a permit to reside in the Czech Republic for a period longer than 90 days at the time of the child’s birth. The decision is made by the MOI.58 Therefore, the safeguard in place to prevent children being born stateless in the Czech Republic does not apply to all children. 41. Foundlings under three years old found in the Czech territory acquire Czech nationality on the day they are found. If their identity is not known, they acquire Czech nationality the day they are found if in a period of six months the authority has not found out that the child has acquired the nationality of another State. Foundlings over three years old whose identity may not be established due to their young age or disability acquire Czech nationality upon application filed by a guardian. There is no age limit for foundlings to acquire nationality and the provisions are in line with the standards set out in the 1961 Convention.59 42. Children adopted by foreign parents do not lose Czech citizenship, unless the parents of the adopted child prove the child has or will acquire another nationality. Safeguards are in place to prevent statelessness in the process.60 If at least one parent is a Czech national, the adopted child acquires Czech nationality upon confirmation of the adoption by the Czech authorities.61 43. Positively, the law provides that all children must be registered within three days of birth and birth certificates issued to all children within 30 days. Not registering a birth is a criminal offence and punishable by a fine of up to 5000 CZK (approximately 190 EUR). The obligation to present documentation for birth registration can be waived in strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. 57 Act on Citizenship of the Czech Republic no. 183/2013. Hereafter ‘Czech Citizenship Act’. 58 Section 5 and 29, Subpart 4, Section 41 and following of Czech Citizenship Act. 59 Section 10 and 30 of Czech Citizenship Act. 60 Section 40 of Czech Citizenship Act. 61 Sections 8 and 45 of Czech Citizenship Act. 11