notwithstanding that such loss is not expressly prohibited by any other provision of this
Convention.” This provision remains important due to conflicts of law between States,
coupled with increased migration.
31. As mentioned above, and in light of the object and purpose of the Convention, the
principle of Article 7(6) applies regardless of whether the loss of nationality is retroactive.
Loss on the basis of possession or acquisition of a foreign nationality
32. Articles 5(1), 6 and 7(1) allow for loss of nationality where the individual concerned
possesses another nationality at the moment of loss. They also allow for loss if the person
concerned “acquires” another nationality. Statelessness may result when the new
nationality is not acquired upon loss of the former nationality. If States allow for loss
before another nationality is acquired, they may meet their obligations under the 1961
Convention by providing that the loss is void if the individual concerned fails to acquire
the new nationality within a fixed period of time. This time period could be set to one
year, with the possibility of extension in cases where it is known that acquisition of a
foreign nationality takes more than one year. It is appropriate that the reacquisition be
automatic and the relevant authorities not enjoy discretion regarding issuance of identity
documents proving the nationality of the person concerned.
Article 5: No loss of nationality upon change of personal status if it results in statelessness
33. Article 5 of the 1961 Convention prohibits loss of nationality resulting from change of
personal status unless the person concerned possesses or acquires another nationality. For
the purposes of Article 5, change of personal status includes events such as marriage and
termination of marriage and recognition, legitimation and adoption of a child.
34. Insofar as loss of nationality as a result of marriage and termination of marriage is
concerned, Article 5(1) is supplemented by CEDAW Article 9(1), which prohibits any
automatic effect of marriage and termination of marriage on the nationality of women.
35. In light of the introduction of equal treatment of men and women in respect of the
transmission of nationality to their children as prescribed by CEDAW Article 9(2), States
moreover should not provide for loss of nationality in cases of legitimation or recognition
of a national by a foreign State.
36. States which provide for loss of nationality in cases of full adoption of a child by a
foreigner must restrict this ground for loss to cases where a child acquires the nationality of
the adopting parent(s) by the mere fact of the adoption. On the other hand, forms of
adoption which do not dissolve the legal relationship with (one of) the (biological) parents,
must never cause loss of nationality.
37. Where States do provide for loss of nationality as a result of recognition, legitimation or
adoption, the 1961 Convention requires that this never results in statelessness as loss must
be conditioned on possession or acquisition of another nationality. According to Article
5(1), no change in the personal status of a person may cause statelessness. The list of
changes in personal status contained in Article 5(1) is not exhaustive. In addition to the
situations explicitly listed in the Article, this rule would apply in case of a successful denial
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