International norms for the prevention of statelessness establish that children who would otherwise be stateless shall acquire the nationality of the State where they were born. However, to establish if a child would ‘otherwise be stateless’ and meet their obligations under the Convention on the Rights of the Child and the 1961 Convention on the Reduction of Statelessness, States must be able to determine whether the child has acquired the nationality of another State. There is a lack of international norms and guidance on the determination of the child’s nationality, resulting in diverse national practices and uncertainty as to good practice to follow, with more research, information and common guidance needed. Drawing on the limited available international norms and guidance, experts recommend that the child’s nationality should only be registered at birth if the following conditions are cumulatively met: a) the nationality in question is that of the European State where the child was born, b) the child’s parent is also a national of the same State, and c) the State in question allows a parent to pass on their nationality to their child without limitation (jus sanguinis). This situation encompasses most births in Europe and in these cases, the child’s nationality can clearly be established without any in-depth legal or factual analysis. In all other cases, the examination of whether the child would otherwise be stateless should be carried out separately by a competent authority with the necessary expertise, through an established procedure for determining the child’s nationality or whether they would otherwise be stateless. 35 The child’s nationality or statelessness should be determined and resolved immediately after birth registration or as soon as possible.36 The nationality of the child should be considered ‘unknown’, ‘undetermined’ or ‘under investigation’ for as short a period as possible and never longer than five years. Children with undetermined nationality should enjoy their human rights on equal terms with children who are nationals,37 and if a State grants its nationality automatically at birth to children who would otherwise be stateless, then the child should be treated as a national of the State unless and until the possession of another nationality is proven. 38 All actions involved in determining whether a child would otherwise be stateless must be undertaken with the best interest of the child as a primary consideration. 39 The procedure should be free of charge and regulated by transparent guidance. The authority responsible for such a procedure should ensure that its decision-making staff are trained on nationality and statelessness law and have the legal and language knowledge necessary to conduct the assessment of foreign nationality laws. UNHCR has stressed that, in the determination of whether a child would otherwise be stateless, decisionmakers must adopt an appropriate standard of proof (for example, “to a reasonable degree”) and all relevant evidence must be assessed, including statements from the parents or experts and any information on how national legislation is applied in practice. 40 In this regard, cooperation between States is essential to avoid statelessness.41 The competent authority should be able to directly contact consular representatives of other States to confirm the foreign nationality of a child, if necessary, except in cases where security or refugee lawrelated considerations would prohibit such contact. In these cases, special rules should be adopted for determining the nationality of the child and, where the child would otherwise be stateless, they should acquire the nationality of the State in which they were born. 42 Where determination of nationality requires an application procedure, information on how to apply must be provided to individuals whose children would otherwise be stateless or of undetermined nationality. 43 A handful of countries in the Statelessness Index have procedures, general rules, or guidance on determining a child’s nationality in place, but these largely fail to meet the standards outlined above. Practice varies significantly across the Index countries in terms of when – or even, if - the nationality of a child born in a country to non-national parents is identified, recorded, and determined. Spain provides an example of good practice. In Spain, the child’s nationality is recorded at birth registration only if born in Spain to a Spanish mother and/or father, foreign parents where at least one of them was also born in Spain, and foundlings. In the case of minors born in Spain to stateless parents or those who are unable to confer nationality to their child, there is a clear procedure and guidance for requesting nationality as a rebuttable presumption, relying on the Law on Civil Registry.