Finland out of wedlock would decrease if it were known that avoiding establishment of paternity enabled
acquiring Finnish citizenship for a child. In this case, the mother knew who the father was and that he was a
national of Somalia and information about the reluctance of the father to establish the paternity was only
based on the mother’s statements.
The Supreme Administrative Court rejected the appeal of Migri and endorsed the decision of the Administrative
Court. The Supreme Administrative Court stated that the provision of Section 39 of the Nationality Act on
the obligation of the applicant to provide information could not be interpreted in a way that determining
and establishing paternity was required of the applicant. The court further stated that the Nationality Act
does not contain specific provisions on determining paternity with regard to the determination of citizenship
or with regard to application of jus soli, and held that under the circumstances of the case it could not be
considered that the mother had not fulfilled her obligations under Section 39 of the Nationality Act. The
court further held that the provision of Section 9 of the Nationality Act with regard to the secondary right
of a child to acquire another nationality, could not in this case be interpreted in a way that the child would
have had a secondary right to the nationality of Somalia. The aim to prevent statelessness, which is indicated
in international treaties and in the Finnish Constitution and Nationality Act, was taken into consideration.
Therefore, the child should be determined as a Finnish national according to the judgment.
This case illustrates that even though the Nationality Act leaves room for a child born in Finland to become
stateless, this provision and possibility needs to be interpreted narrowly in order to prevent children born in
Finland from becoming stateless.
Another case dealt with non-Finnish parents who had a nationality and a child who was born in Finland.
The citizenship of the child was determined through the determination of citizenship status procedure.
The parents were not granted international protection or any other type of residence permit in Finland. For
acquisition of the parents’ nationality at birth, registration of the child was required with the authorities of
the country of origin of the parents. The parents refused to contact the embassy or consulate of their country
of origin. As Migri did not consider the parents having a well-founded fear with regard to the authorities of
their country of origin, it was expected of them to register the child with the authorities and the child was
not considered to have right to Finnish nationality. Migri did however not consider the child as stateless but
as “nationality not known”. 170
The UNHCR Guidelines on Statelessness No. 4 stipulate that the responsibility to grant nationality to children
who would otherwise be stateless is not engaged where a child is stateless but could acquire a nationality
by registration with the State of nationality of a parent, or a similar procedure, immediately after the child
is born and when the State of nationality has no discretion to refuse the grant of nationality.171 Of relevance
is also paragraph 39 in the UNHCR Handbook on Protection of Stateless Persons, which states the following:
“The role of consular authorities merits particular consideration. A consulate may be the competent authority
responsible for conducting the necessary step in a non-automatic mechanism. This occurs, for example,
where a country’s laws require children born to their nationals overseas to register with a consulate as a
prerequisite for acquiring the nationality of the parents. As such, the consulate in the country of such a child’s
birth will be the competent authority and its position on his or her nationality will be decisive, assuming no
subsequent mechanism has also to be considered. If an individual is refused such registration or is prevented
from applying for it, he or she is not considered as a national for the purposes of Article 1(1).”
In light of the above, as long as the authorities of the country of nationality of the parents do not prevent or
refuse the child to be registered, Finland does not have a responsibility to grant Finnish nationality to a child.
48
170
E-mail from Migri, August 2012.
171
UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the
Convention on the Reduction of Statelessness, 21 December 2012, para. 24-26.
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