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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