CChapter 3: Comparative analysis of nationality laws
There are many situations in which the father is known
and has a nationality and yet the child may be
unable to enjoy the father’s nationality – including,
for instance, where the father is unable or unwilling to
complete any necessary administrative procedures
or where the law of the country of nationality of the
father does not allow jus sanguinis transmission of
nationality beyond the first generation born abroad.
Finally, Saudi Arabia and Kuwait both have unique
maternal jus sanguinis provisions in place: children
born in Saudi Arabia to a Saudi mother are entitled
to facilitated naturalisation upon reaching the age
of majority,105 while children of Kuwaiti mothers are
also entitled to facilitated naturalisation if they are
still resident in the country at majority and the father
is deceased or has divorced the mother.106 It is
important to note that these are both discretionary
procedures and thus, provide no guarantee that
an application will lead to acquisition of nationality.
Moreover, although the entitlement to nationality
is based in large part on the person’s facts of birth,
nationality is not granted at birth, but rather only
after reaching adulthood. This means that, if no other
nationality has been acquired, the person will spend
their whole childhood stateless.
105 - Article 7, Saudi Arabian Nationality System, 1954.
106 - Article 5.2, Kuwait Nationality Law, 1959.
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