MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
The aforementioned legal provision benefits every child, regardless whether he/she is born outside or
inside the Republic of Albania. If the child is born outside the territory of Albania to parents that are citizens of Albania, since December 2016 the registration is assigned as soon as the parents present themselves to the Albanian diplomatic institutions in the country where the birth has taken place. This is done
by providing documentation proving that the child was born in that country (e.g. documentation from
the hospital where the child was born)39. The Law on Civil Status was amended in December 2016, and
Albanian consulates no longer have the power to register the births of the children of Albanian citizens.40
Alternatively, if the child is born outside the country and has been registered in a civil status office in the
foreign country, the parents, if they are Albanian citizens, can register their child directly in their local
civil status office. In this case, the birth certificate must be in the form prescribed by the law, hence the
certificate must be a legalized act, which can be recognized by the Albanian authorities.
Albanian legislation is in harmony with the international conventions, regarding the acquisition of nationality by children born to nationals abroad at it does not leave any room for statelessness. However,
in practice, stringent requirements to complete the registration process such as possessing a legalized
act of registration, can put children at risk of statelessness because it can prevent a child born abroad to
Albanian parents having their nationality recognised. We will see infra in Part 6. the example of Greece,
where the authorities do not issue a full birth certificate to those irregularly living in the country, and
where the collaboration with Albanian consular authorities is sometime inefficient or simply absent.
4.3.2.2. Preventing statelessness in other contexts
4.3.2.2.1. Foundlings
Article 8(1) of Law no. 8389, dated 5th August 1998 “On Albanian Citizenship”, as amended provides
that: “A child born or found within the territory of the Republic of Albania acquires Albanian nationality
if he/she is born to unknown parents, and as a result the child would otherwise remain stateless. If the
child’s parents become known before the child reaches the age of 14, and they are of foreign citizenship,
Albanian citizenship can be relinquished at the request of the legal parents, provided that the child does
not become stateless as a consequence of this action”.
With this provision, domestic legislation provides a guarantee that foundlings, whose parents are unknown to the authorities, will not be left stateless: the child is registered as an Albanian citizen. In terms
of the law, there are no impediments, as regards acquisition of nationality, for children found in the Alba39 Article 41/3 of Law no. 10129, date 11.5.2009 “On Civil Status” as amended that provides as follows:
“For children born out of the territory of the Republic of Albania by Albanian citizens who are permanently resident in Albania, the birth registration
of the child is done at the Albanian Diplomatic or Consular Representations in the country where he was born. When this is impossible, registration
is also done in the civil status of that country”
40 Law Nr.134/2016, Dt.22.12.2016, Dt of approval:22.12.2016, Official Gazette Nr.265, page:12012017 “For Some Additions and Amendments in
Law No. 10 129, Dated 11.5.2009, “On Civil Status”.
38
UNHCR - TLAS / May 2018
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