Every child born to a Lebanese father shall be considered Lebanese
in accordance with the nationality of the father at the time of birth,
regardless of the place of birth. Everyone born to a Lebanese father
is Lebanese even if the father renounces his Lebanese nationality
or relinquishes it at a later time after the birth of his child and is
administratively written off.13 There is no regard or consideration for
whether the mother is Lebanese, foreign or even stateless.14
Natural or illegitimate filiation
Natural or illegitimate filiation results from the physical contact
between a man and a woman outside wedlock. A child born as a
result of this relationship is called a natural or illegitimate child.15
An illegitimate child may be granted Lebanese citizenship if the
father is Lebanese in two cases:
•
When paternal filiation is established to a minor child prior to
maternal affiliation.
•
When the proof of paternity and maternity is established at the
same time.
•
Recognition by both parents at the same time, or by one
without the other.
•
A court ruling following a lawsuit by the child requesting his or
her filiation with one or both parents.
It is noteworthy that the recognition of natural filiation, whether
consensual or judicial, is a declaration and not a creation of the
affiliation of the child. Accordingly, the child acquires the nationality
of his or her Lebanese parents from birth and not from the date of
recognition of filiation or the date of the court ruling on it.16
The Lebanese Court of Cassation held that if the filiation of the
illegitimate child is recognized after reaching the age of majority,
the case for registering him or her on the Personal Status Record
of his or her Lebanese mother can be considered a claim for
nationality and is outside the jurisdiction of a single judge.17
Therefore an illegitimate child’s acquisition of Lebanese nationality
does not result from his or her registration because registration is
a subsequent process of acquiring nationality after fulfilling the
provisions of Article 2 of Law No. 15 of 1925.18
Third: The mechanism for recognizing an illegitimate child
Second: Transmission of Lebanese nationality through the maternal line
The legislator invokes jus sanguinis on the mother’s side to establish
Lebanese status of a natural child (illegitimate) when:
1. The mother is the first to recognize the filiation.
2. She holds Lebanese nationality at the time she recognizes
the child.
If the father, regardless of his nationality, acknowledges the birth
of the natural child after the mother recognises the child, the child
retains his or her Lebanese nationality even if the father’s country
grants the child its nationality.
It should be noted that the recognition of filiation of a natural
child may come from one or both parents and is carried out in the
following two ways:
Article 15 of the Personal Status Records Registration Law
promulgated on 7 December 1951 stipulates that if a child is born
illegitimately, the birth certificate must be prepared by the person
who sponsors the child, the doctor or midwife. In this case, no
mention is made to his or her father’s name unless the latter
personally recognizes paternity or through another person, he has
delegated for this purpose. If the father does not acknowledge the
child, the illegitimate child is given a name by the person preparing
the birth certificate.
In addition, the preparer of the birth certificate is not allowed to
mention the name of the mother unless she acknowledges that she
is the mother of the child or through a court ruling.
Section II
Lebanese nationality by jus soli ground ‘soil-bond’
The second and third paragraphs of Article 1 of Law No. 15 of 1925
state that every person is considered Lebanese if her or she was
born in the Greater Lebanon territory, and it was established that he
or she did not acquire foreign nationality, upon birth, by affiliation,19
and every person born in the Greater Lebanon territory to unknown
parents or parents of unknown nationality.20
Therefore, two basic prerequisites must be in place for passing
Lebanese citizenship.
•
•
8
Born on Lebanese territory — based on a certificate issued by
the mayor and the parish priest.21
Does not have any foreign nationality at birth — proven by
referring to the records of the Directorate-General of General
Security.22
Article 10 of Law No. 15 of 1925 also states that every person is
considered Lebanese if born on the Greater Lebanon territory to a
father also born in the said territory was of 1 November 1914 as an
Ottoman subject.
Three main requirements must meet the provisions stipulated in
this Article:
•
Person must be born in Lebanon.
•
Father is also born in the said territory.
•
Father was on 1 November 1914 an Ottoman subject.