20. However, a number of states limit this ground for acquisition to cases
where the parent(s) is/are themselves stateless.21 Another limitation is to
require that at least one parent has lawful residence in the state involved.22
21. In several states, stateless children born on their territory are entitled to
acquire the nationality of their country subject to a certain period of habitual
or even lawful residence.23 The way this acquisition takes place can differ 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.
22. In three states, a stateless child can only acquire the nationality of the
country of birth through discretionary naturalisation, although the conditions
for this naturalisation are more favourable than in other circumstances.24
Three other states do not provide a more favourable treatment for acquiring
nationality to stateless children born on their territory.25
23. Nearly all states provide for the attribution of their nationality to foundlings discovered on their territory. Only in one state is this rule lacking.26 At
the same time, state practice reveals a broad range of ages within which this
provision applies. Several states limit the granting of nationality to foundlings
who are very young (in six states newborns27; in one state under six months28,
and in one state under three years29). Several other states do not specify the
scope of application of their rules in favour of foundlings, but also apply this
ground for the attribution of nationality to older children, including in some
cases up to the age of majority.
24. An unconditional ius soli provision does not exist in any member states.
However, five states provide for the attribution of nationality to a child of
foreigners born on their territory subject to a specific residence condition
in respect of a parent.30 Two other states provide – also subject to a specific
residence condition – that a person born on their territory can acquire the
nationality of their country upon application.31
21. Azerbaijan, Croatia, Czechia, Georgia, Hungary, Latvia, Lithuania, North Macedonia, Poland
and Slovenia.
22. Ukraine.
23. Austria, Estonia, Germany, Iceland, Liechtenstein, Malta, Netherlands, Sweden and United
Kingdom.
24. Denmark, Norway and Switzerland.
25. Albania, Cyprus and Romania.
26. Cyprus.
27. Belgium, Ireland, Portugal, Ukraine and United Kingdom.
28. Austria.
29. Czechia.
30. Belgium, Germany, Ireland, Portugal and United Kingdom.
31. Greece and Republic of Moldova.
Page 12 ►Stateless children’s access to nationality