on their children only in specific circumstances: (i) if the child is born out of wedlock, with the
mother having established filiation and the father being unknown, and (ii) if the father has
disowned the child. The law does not explicitly state whether a mother can confer nationality in
these cases if the child is born abroad, but it is generally understood that she can. In contrast,
Burundian fathers automatically confer nationality on their children born in Burundi and abroad.
Additionally, minor children acquire Burundian nationality when their father acquires or regains
Burundian nationality, provided he has recognized them. If the father has not recognized the
child, the child will acquire Burundian nationality when the mother acquires or regains it. This
disparity contradicts Burundi’s Constitution, which guarantees gender equality in matters of
nationality.
The nationality law of Sudan allows Sudanese mothers to confer nationality on their children
upon application, whether the children are born in Sudan or abroad. In contrast, children born in
Sudan or abroad to a Sudanese father automatically acquire Sudanese nationality. An executive
regulation further requires, as part of the application process, the permission of the father to
confer the nationality on the child through maternal line in case the marriage is continuous.
If the marriage has ended, the mother is to present legal documents that prove her custody
over the child or present the death certificate of the father if he is deceased. This disparity is at
variance with Sudan’s Constitution, which guarantees that “anyone born to a Sudanese mother
or father has an inalienable right to possess Sudanese nationality and citizenship”.
In Togo, while the nationality law contains a safeguard to grant citizenship to children born in its
territory who cannot claim the nationality of another State, it only allows Togolese mothers to
confer nationality on their children if the father is stateless or of unknown nationality. Children
born to a Togolese father, in or outside of Togo, acquire nationality at birth. The discriminatory
provision is contrary to the Constitution, which grants Togolese nationality to children born
to Togolese fathers or mothers. In practice, a child born to a Togolese mother can acquire
nationality on the basis of the mother’s certificate of Togolese nationality, in accordance with
the Constitution.
The nationality law and Constitution of Eswatini only allow Swazi mothers to confer nationality
on their children if the child is born out of wedlock in Eswatini or abroad to a father who has
not claimed the child in accordance with customary law. In contrast, a child born to an Eswatini
father, whether in Eswatini or abroad, acquires nationality at birth. If the child is born out of
wedlock, the father needs to legally recognize the child.
In Madagascar, only a father can confer nationality on an adopted child; a mother cannot.
In Mauritius, a woman can confer nationality on her adopted child only if she adopts the child
as a single parent. In cases of joint adoption, only the father is able to confer nationality.
In Somalia, the nationality law does not allow Somali mothers to confer nationality on their
children under any circumstances. In contrast, Somali fathers confer nationality at birth on
children born in Somalia or abroad.
U N H C R > B A C K G R O U N D N O T E O N G E N D E R E Q U A L I T Y, N AT I O N A L I T Y L A W S A N D S TAT E L E S S N E S S 2 0 2 6
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