11 Article on nationality by descent - conferral of nationality by Parent a. Every person born in the territory of [name of State] to a national of [name of State] shall be a citizen of the State at birth. b. Every person born outside the territory of [name of State] to a national of [name of State] shall be a citizen of [name of State] at birth, particularly if they would otherwise be stateless. c. Minor children of a naturalised citizen shall acquire nationality upon the naturalisation of their parent(s), so long as it does not result in the automatic loss of any other nationality; or Minor children may be included in a parent’s naturalisation application. Note: A child born inside or outside the State to a citizen of the State, regardless of the parent citizen’s sex or gender or any other status, should be able to acquire the nationality by descent, and nationality by descent is required under international law if the child would otherwise be stateless. This proposed Draft Article ensures that all parents, including naturalised citizens and regardless of their marital status, can confer nationality on their children equally, without discrimination based on the parent’s sex or gender, or on other grounds, or children’s birth circumstances, including, e.g. to adopted children and children born through the use of Assisted Reproductive Technologies. This includes circumstances where the child is born outside of the State and/or outside of a legally recognized marriage. Article 7 of the CRC, among others, guarantees children “the right to acquire a nationality,” and calls upon State Parties to ensure “implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child could otherwise be stateless.” Importantly, the CRC also states that the rights enshrined in the Convention must be applied without discrimination on the basis of the sex of the child or the parent. As of June 2025, nationality laws in 24 States around the world prevent women from passing nationality to their children on an equal basis with men, with harmful consequences for children and their families, including an acute risk of statelessness.

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