should not make the acquisition of nationality by parentage conditional on evidence of the biological truth if this evidence was not a condition for the establishment of the parentage yet.17 17. Furthermore, if the parentage established abroad between a child born by a surrogate mother with an intending parent, i.e. the person who commissions the pregnancy, is recognised by the state of nationality of this parent, the child must have access to the nationality of the intending parent under the same conditions as a child born from this parent.18 Therefore, it is not the “blood” (sanguis) of a child that matters for the acquisition of nationality, but the legal tie of parentage (filiatio). For that reason, it would be better to use the expression ius filiationis (right by filiation) instead of ius sanguinis (right by blood). 18. In order to determine whether rules concerning the avoidance of statelessness are applicable, the authorities often need detailed information, in particular on the acquisition or non-acquisition of a certain foreign nationality. Lack of information could, in some circumstances, result in the statelessness of the child concerned. Of course, states have to observe data protection rules, but they should not prevent the sharing of relevant data with another state if the best interests of the child require it. Principle 6 of Recommendation CM/Rec (2009)13 therefore calls on states to “co-operate closely on issues of statelessness of children, including exchanging information on nationality legislation and public policies, as well as on nationality details in individual cases, subject to applicable laws on personal data protection”. 2. Rules and practices in member states19 19. Most states provide that a child born on their territory who would otherwise be stateless automatically acquires the nationality of the country of birth.20 This does not preclude verifying that this ground for the attribution of nationality does apply in the case at hand. 17. See Principle 11 of Recommendation CM/Rec (2009)13 and its explanatory memorandum, para. 28. 18. See Principle 11 of Recommendation CM/Rec (2009)13 and its Explanatory Memorandum, para. 32; see also Labassee v. France, No. 65941/11, § 79 and Mennesson v. France, No. 65192/11, § 100, 26 June 2014. 19. This description is based on the answers to the questionnaire sent to the member states in June 2024 and supplemented by data of the Globalcit database. 20. Andorra, Armenia, Belgium, Bosnia and Herzegovina, Bulgaria, Finland, France, Greece, Ireland, Italy, Luxembourg, Portugal, Serbia, Slovak Republic, Spain and Türkiye. Issues at stake: international standards and stocktaking of national situations ► Page 11

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