Non-recognition of same-sex parents The enjoyment of LGBTIQ* rights varies across Europe, including the recognition of same-sex partnerships or marriages and the recognition of legal parentage between children and their non-biological LGBTIQ* parents.31 As a result, LGBTIQ* families in Europe can face problems with birth registration and access to birth certificates, putting the children in these families at risk of statelessness in some cases. Issues may arise from the failure of authorities in one State to recognise birth certificates issued in another State, which include the names of both samesex parents on the certificate. In other cases, national legislation and policy mean that it is not possible to register the birth of the child where they have same-sex parents, or to include both parents on a birth certificate. The Network of European LGBTIQ* Families Associations (NELFA) has been collecting cases demonstrating issues faced by rainbow families when crossing borders, including those related to the recognition of birth certificates and risks of statelessness for children of same-sex parents.32 The examples collected demonstrate good practice in Spain, with both same-sex parents being included on issued birth certificates, recognising and providing proof of the child’s links to both parents. Children born in conflict settings or areas of territorial dispute Children born in areas of territorial dispute or conflict settings can face barriers to accessing a birth certificate or documentary proof of their birth. Children born in the non-government controlled areas of Ukraine, for example, face additional challenges in obtaining civil registration documents, as the documents issued in these areas are considered invalid by the Government of Ukraine and procedures aimed at resolving this issue have not been implemented in practice. The Ministry of Justice has estimated that only 45% of children reported to have been born in the areas of Donetsk and Luhansk and 12% in Crimea have obtained a birth certificate.33 There is a judicial procedure that must be used to register the birth of a child born in non-government controlled areas, but this is costly and often lengthy.34 6. ESTABLISHING WHETHER A CHILD WOULD ‘OTHERWISE BE STATELESS’ International norms for the prevention of statelessness establish that children who would otherwise be stateless shall acquire the nationality of the State where they were born. However, to establish if a child would ‘otherwise be stateless’ and meet their obligations under the Convention on the Rights of the Child and the 1961 Convention on the Reduction of Statelessness, States must be able to determine whether the child has acquired the nationality of another State. There is a lack of international norms and guidance on the determination of the child’s nationality, resulting in diverse national practices and uncertainty as to good practice to follow, with more research, information and common guidance needed. Drawing on the limited available international norms and guidance, experts recommend that the child’s nationality should only be registered at birth if the following conditions are cumulatively met: a) the nationality in question is that of the European State where the child was born, b) the child’s parent is also a national of the same State, and c) the State in question allows a parent to pass on their nationality to their child without limitation (jus sanguinis). This situation encompasses most births in Europe and in these cases, the child’s nationality can clearly be established without any in-depth legal or factual analysis.