Asia Under Brunei Darussalam’s nationality law, children of Brunei mothers, whether born in the country or abroad, can only obtain nationality through a discretionary application procedure. In contrast, children of Brunei fathers automatically acquire nationality at birth if their birth is registered within six months, regardless of where they are born. Under the nationality law of Iran, children born in Iran or abroad to an Iranian mother and a nonIranian father who are married under Sharia law may be granted nationality upon the mother’s application before the child turns 18. After reaching 18, the child can apply independently. The Government retains discretion to grant or deny these applications. In contrast, children born to Iranian fathers automatically acquire nationality at birth, regardless of where they were born. Under Kiribati’s Constitution, all children born in the country are granted Kiribati nationality, except those who acquire another nationality at birth. However, this exception does not apply to individuals whose father is a Kiribati citizen or who have an ancestor born in Kiribati before 1900; these individuals may hold dual citizenship. Meanwhile, children born abroad acquire Kiribati nationality only if they are born in wedlock to Kiribati fathers or out of wedlock to Kiribati mothers. Additionally, under the nationality law, naturalized women cannot pass their nationality to their children, whereas naturalized Kiribati men can. Finally, a Kiribati woman can confer nationality on her adopted child only if she adopts as a single parent. In cases of joint adoption, only the father is able to confer nationality. In Malaysia, children born in the country to either Malaysian mothers or Malaysian fathers (if the child is born in wedlock) automatically acquire Malaysian nationality. If a child is born in Malaysia out of wedlock, a Malaysian father cannot confer nationality. Such children can access Malaysian nationality by registration, which is at the discretion of the authorities and in practice often not accessible. According to the Constitution, children born to Malaysian mothers abroad may only acquire Malaysian citizenship at the discretion of the Federal Government through registration at an overseas Malaysian consulate or at the National Registration Department in Malaysia. A 2024 constitutional amendment addressed this discrimination by allowing Malaysian women to confer nationality on their children born abroad. However, these amendments have not yet entered into force. A 2025 High Court settlement allows children born abroad to Malaysian mothers before the 2024 Constitutional amendment to apply for citizenship under Article 15(2) of the Constitution, which provides for automatic acquisition for applicants who meet the criteria set out in that Article. Previously, such children had to apply under Article 15(A), under which the acquisition of nationality is subject to government discretion. While Nepal’s Constitution and nationality law state that a person can acquire citizenship by descent if either parent is a Nepali citizen, other discriminatory legal provisions in these same legislative documents significantly restrict women’s ability to confer nationality. The Constitution and nationality law stipulate that children of Nepali women married to foreign men – whether born in Nepal or abroad – can only obtain citizenship through naturalization, 12 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