in this field, in particular where the child would otherwise be stateless.”
28. Article 6 of the Constitution which governs the acquisition of nationality for children born in the
territory provides:
“Every person born in The Bahamas after 9th July 1973 shall become a citizen of The Bahamas
at the date of his birth if at that date either of his parents is a citizen of The Bahamas.”
29. According to this Article, it appears that any child born in The Bahamas to a Bahamian parent
automatically acquires nationality at birth. However, this provision must be read in conjunction
with the interpretation clause of the Constitution, Article 14(1) which provides:
“Any reference in this Chapter to the father of a person shall, in relation to any person born
out of wedlock other than a person legitimated before 10th July 1973, be construed as a
reference to the mother of that person.”
30. While Article 6 of the Constitution does not explicitly refer to “mother” or “father”, this provision
has been narrowly interpreted by the Judiciary and implemented in the same manner.
Therefore, in practice, children born in The Bahamas to Bahamian fathers out of wedlock, do not
automatically acquire Bahamian nationality at birth. In the case where these children cannot
acquire nationality from their mothers, their right to acquire a nationality is not realised,
resulting in statelessness.
31. Article 7(1) of the Constitution governs acquisition of Bahamian nationality for children born in
the territory to foreign parents. It provides:
“A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The
Bahamas shall be entitled, upon making application on his attaining the age of eighteen years
or within twelve months thereafter in such manner as may be prescribed, to be registered as
a citizen of The Bahamas.”
32. With no other legal safeguards in place to ensure access to nationality for children born in the
territory who are otherwise stateless, and with a large in situ population of persons of Haitian
descent - who themselves face significant nationality and documentation issues - there is a clear
risk of statelessness amongst children of Haitian descent and the current legal framework is
incompatible with obligations arising under Article 7(2) of the CRC which requires States to
ensure children who are otherwise stateless have access to acquire a nationality.
Children born abroad
33. Article 8 of the Bahamian Constitution governs the acquisition of nationality for children born
abroad to Bahamian citizens. It provides that:
“A person born outside The Bahamas after 9th July 1973 shall become a citizen of The
Bahamas at the date of his birth if at that date his father is a citizen of The Bahamas otherwise
than by virtue of this Article or Article 3(2) of this Constitution.”
34. Article 9(1) of the Constitution sets out the pathway to Bahamian nationality for children of
Bahamian women born abroad: