25. Three states have an unconditional double ius soli provision: the nationality
of the country is attributed to the child of foreign parents if at least one of the
parents was also born in the country.32 Four other states have a similar rule but
subject to specific residence requirement in respect of the (grand)parent.33
26. All states provide for the attribution or recognition of the nationality
of the country if a child of a national is born there. However, three countries
apply a wedlock restriction: the provision does not apply only if the unmarried father is a national and the mother a foreigner.34 Two other states apply
a dual nationality restriction: the provision does not apply automatically also
if another nationality is attributed to the child.35
27. Most states provide that the child of a national born abroad acquires the
nationality of the parent. However, some exceptions exist. In four states, a generational transmission restriction exists for children born abroad: the nationality
of the parent is not automatically attributed or recognised if the parent was also
born abroad (except if this would leave the child stateless).36 However, according
to the legislation of some of these states, the nationality of the parent may be
acquired by registration. As regards the attribution or recognition of the nationality of the parent for the child born abroad, six other states have the condition
of registration of the child at a consulate, upon application for the nationality
of the parent, except in cases where the child would otherwise be stateless.37
28. A rule exists in one state where nationality of this country is not attributed
to the child of a national of this country if the child was born abroad in a designated area where terrorist groups are active (e.g. in Iraq and Syria).38
3. The activation of rules preventing statelessness, including
assistance to acquire the nationality of a foreign country
29. Rules and practices to guarantee that the nationality of a state is attributed to a child because they would otherwise be stateless are essential. The
activation of rules preventing statelessness makes it necessary to answer a
preliminary question: has the child acquired another nationality? Answering
that question requires not only knowledge of facts but also an in-depth
knowledge of foreign nationality law and practice.
32.
33.
34.
35.
36.
37.
38.
France, Luxembourg and Spain.
Belgium, Greece, Netherlands and Portugal.
Finland, Malta and Türkiye.
Armenia and North Macedonia.
Belgium, Germany, Ireland, Malta and United Kingdom.
Armenia, Bosnia and Herzegovina, Croatia, Portugal, North Macedonia and Montenegro.
Denmark.
Issues at stake: international standards and stocktaking of national situations ► Page 13