applies a dual nationality restriction: the rule does not apply automatically if
the child also has another nationality.14
12. Most countries provide that the child of a national born abroad has access
to the nationality of the parent. However, there are a number of exceptions. In
five states there is a generational restriction on the transmission of nationality to children born abroad: the nationality of the parent is not attributed or
recognised automatically if the parent was also born abroad (unless this would
render the child stateless).15 However, the legislation of some of these states
allows the nationality of the parent to be acquired by registration. In seven
other states, the attribution or recognition of the nationality of the parent for
the child born abroad is subject to the child’s registration at a consulate or
to an application for the parent’s nationality, except in cases where the child
would otherwise be stateless.16
Identified promising practice
Luxembourg has an unconditional double ius soli provision: the nationality
is attributed to the child of foreign parents if at least one of the parents was
also born in Luxembourg regardless of whether the child’s statelessness is
established or not.
3. A specific nationality determination procedure for a child
born on the country’s territory if it is in doubt
13. If the nationality of a child born on a country’s territory is in doubt,
establishing a specific nationality determination procedure, implemented
by trained staff within the competent authorities, can be considered advisable. The staff concerned should possess the legal and language knowledge
necessary to identify and record the nationality status.
Identified promising practice
Sweden has a nationality determination procedure applicable to children
born on its territory and whose nationality is uncertain. The Swedish Migration
Agency begins its assessment of whether a person is stateless by investigating
whether that person has a citizenship. The focus of this investigation is on the
countries with which they have relevant ties (country of birth, parents’ citizenship, previous habitual residence).
14. North Macedonia.
15. Belgium, Germany, Ireland, Malta and United Kingdom.
16. Armenia, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Portugal and
Romania.
Preventing statelessness among children ► Page 9
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