184 2 McInerney The Law: A Brief Overview Madagascar gained its independence from France on June 26th 1960. Instead of adopting the French Nationality Code, the Malagasy people chose to create their own code that took into account the unique economic and political demographics of Madagascar.4 The Nationality Code, Ordinance No 60-064 was enacted on July 22, 1960 and is the law that governs access to Malagasy citizenship today. The Nationality Code distinguishes between those who are considered Malagasy at birth,5 this is called attribution of Malagasy citizenship, versus those who have to go through an administrative process prior to the age of majority (21 years).6 The latter is referred to as acquisition of Malagasy citizenship (see Table 1). Title I of the Nationality Code defines those who are considered Malagasy at birth: Art. 9(1): A legitimate child born of a Malagasy father Art. 9(2): A legitimate child born of a Malagasy mother and a father who does not have nationality or is of unknown nationality Art. 10(1): A child born outside of marriage if the mother is Malagasy Art. 10(2): A child born outside of marriage if the mother is of unknown nationality but the father is Malagasy Art. 11: A child born in Madagascar of unknown parents when the child can be presumed to be Malagasy7 Additionally Title II of the Nationality Code outlines those who are eligible to acquire nationality through an administrative process. Article 16 allows a legitimate child born of a Malagasy mother and a father of foreign nationality to acquire Malagasy citizenship before the age of majority. The same opportunity is available to a child born outside of marriage whose father is Malagasy.8 Decree No 60-446 of October 4, 1960, issued by the president subsequent to the 4 Code De La Nationalité De Madagascar (n 2) 5. This part of the Code is introductory material that is not part of the official Nationality Code. Créons: Maison d’édition included this introduction in the version of the Nationality Code it published in French. Catherine Moore translated the introduction into English and it is on file with the author. 5 Ibid art. 12 (stating that ‘a child who is Malagasy by virtue of the dispositions state[d] here is considered to have been Malagasy since birth, even if the existence of the conditions required by the law are established after his birth.’). 6 Ibid art. 5. 7 See generally Code De La Nationalité De Madagascar 1960 (n 2). 8 Ibid art. 20. tilburg law review 19 (2014) 182-193