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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