CChapter 3: Comparative analysis of nationality laws
affect the child’s enjoyment of Moroccan nationality
if the mother is a Moroccan national, in practice it
may contribute to a situation in which the competent
authorities do not recognise the child in question
as Moroccan. Similar challenges arise in the MENA
region more widely in the context of the registration
of births and recognition of nationality of children
born out of wedlock. In Iraq, for example, women
have enjoyed the right to pass their nationality to
their children since a reform of the nationality law in
2006, but problems remain with regard to illegitimate
children. The repercussions of an unmarried woman
approaching the authorities to register a child can
be severe, including the possibility of imposition of
a criminal penalty. As such, she may decide not to
register the birth or, when attempting to initiate the
procedure, she may be turned away by the authorities.
The social stigma attached to extra-marital children
in much of the MENA region can indeed present a
major hurdle to the registration of these births and
may lead to difficulties establishing nationality for
those concerned. Moreover, although many MENA
countries have special provisions to allow women
to confer nationality on their children if the father is
unknown or his paternity has not been substantiated204
– designed to protect children, including those born
204 - In those states which have yet to recognise, more broadly, the right of
women to pass nationality to their children.
155
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