Chapter 1
Preventing statelessness
among children
1. The legal safeguards provided by nationality laws for children
to acquire a nationality or to be given the nationality of the
country where they are if they would otherwise be stateless
4.
Rules and practices to ensure that the nationality of a state is attributed
to a child who would otherwise be stateless are essential. The activation of
rules to prevent statelessness requires answering the preliminary question:
has the child acquired another nationality?
Most respondent states1 provide that a child born on their territory who
5.
would otherwise be stateless acquires by operation of law the nationality of
the country of birth.2
6.
However, a number of states limit this ground for access to nationality to
cases where the parent(s) is(are) themselves stateless.3 Another limit is that at
least one parent must be a legal resident of the state concerned.4
7.
In several states, stateless children born on the territory are entitled to
access to the nationality of their country of birth subject to a certain period
of habitual or even lawful residence.5 The way in which this access takes
place may vary from one state to another: the right to register as a national
to acquire nationality by declaration of option or acquisition through entitlement to naturalisation.
1.
2.
3.
4.
5.
Throughout the compendium, where the terms “states” or “countries” or the expression
“member states” are used, they should be understood as referring to those member states
that have provided replies to the questionnaire.
Albania, Andorra, Armenia, Belgium, Bosnia and Herzegovina, Bulgaria, Finland, France,
Greece, Ireland, Italy, Luxembourg, Montenegro, Portugal, Serbia, Slovakia, Spain and
Türkiye.
Azerbaijan, Croatia, Czechia, Estonia, Georgia (despite having several mechanisms against
statelessness), Hungary, Latvia, Lithuania, Republic of Moldova, North Macedonia, Poland
and Slovenia.
Republic of Moldova and Ukraine.
Austria (along with other requirements), Germany, Iceland, Liechtenstein, Malta, Netherlands,
Norway, Sweden and United Kingdom.
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