of paternity, but also – if a legal system provides for such possibilities – to a denial of
maternity as well as to annulment or revocation of a recognition or of an adoption. The
range of situations which fall under Article 5(1) is likely to grow as a result of
developments in the area of reproductive technology.
38. Article 5(1) also applies if it is established that the family relationship which constituted
the basis of a child’s acquisition of nationality was registered erroneously. This includes
situations in which the identity of the parent (relevant for jure sanguinis acquisition of
nationality) has been erroneously recorded, or where it is discovered, after acquisition of
the nationality by an ex lege extension of naturalization from a parent to a child, that no
family relationship ever existed between the parent and the child.
39. Under Article 8(2) of the Convention, an exception may be made to this rule if the child
has been considered a national on the basis of fraudulent behaviour or fraudulent
information provided about him or her; such as when the full identity of the child,
including existing family relationships, is not disclosed by his or her legal representative.
However, as in all decisions relating to children, in instances of fraud committed by a
legal representative, State authorities must take into consideration the best interests of the
child. In light of this overriding principle set out in the Convention on the Rights of the
Child, a range of other factors will need to be examined (including the ties to country
concerned), in light of the general principle of proportionality, and not solely whether the
child acquired nationality on the basis of fraud conducted by an adult guardian.
Article 6: No extension of loss or deprivation of nationality to spouses or children if they
result in statelessness
40. The rule of Article 6 of the 1961 Convention with regard to the nationality position of
spouses is supplemented by CEDAW Article 9. The loss or deprivation of nationality of
an individual may never have an automatic consequence for the nationality of the spouse.
41. Where a parent (or both parents) lose or are deprived of their nationality, Article 6
provides that an extension of the withdrawal of nationality to the children is never to
result in statelessness. This rule applies regardless of the reason for the withdrawal of the
parent´s nationality, including where the conduct of the parent is so serious as to allow for
deprivation of nationality even if it results of statelessness under Article 8(3) of the 1961
Convention.
Article 7(1): No voluntary renunciation of nationality if it results in statelessness
42. The right to change one’s nationality is set out in UDHR Article 15. Most States provide
for a right to renounce one’s nationality, which may result in statelessness unless a
safeguard is adopted to avoid it. Article 7(1) of the 1961 Convention limits loss of
nationality by renunciation to situations where the individual concerned possesses another
nationality but also allows renunciation on the basis of acquisition of a foreign
nationality. States can ensure that the renunciation does not result in statelessness by
providing for a lapse of the renunciation if the individual concerned fails to acquire the
foreign nationality within a fixed period of time (e.g. of one year). Consequently, the
renunciation is deemed never to have taken place and the person not to have been
stateless. The higher likelihood that a woman will renounce her nationality upon marriage
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