185 Accessing Malagasy Citizenship adoption of the Code, defines the requirements that must be fulfilled prior to acquiring Malagasy citizenship. These include an examination of the applicant’s character, loyalty, degree of assimilation, knowledge of the Malagasy language, physical condition, and mental condition.9 The Nationality Code also allows a foreign woman to acquire citizenship through marriage to a Malagasy man.10 Yet, according to the Code the government can deny applications for acquiring citizenship for certain reasons including indignity or serious physical or mental disability.11 Naturalization is an entirely separate process under the Nationality Code. Article 27 states that naturalization may be granted to aliens fulfilling certain conditions including discretionary factors such as being in good physical condition, of good moral character, and assimilated into the Madagascar Table 1 Attribution vs. Acquisition of Malagasy Citizenship12 Attribution of Malagasy Citizenship (At Birth) Legitimate Child Father is Malagasy Father is stateless and mother is Malagasy Out-of-Wedlock Mother is Malagasy Mother is stateless and father is Malagasy 9 10 11 12 Acquisition of Malagasy Citizenship (Prior to the Age of Majority) Mother is Malagasy and father is foreigner Mother is foreigner, but Malagasy father has acknowledged the child Decree No 60-446 of October 1960 art. 8 (published in conjunction with the Code De La Nationalité). Translated from French into English by Catherine Moore. A copy of the translated text is on file with the author. Code De La Nationalité De Madagascar 1960 (n 2) art. 29(2). Code De La Nationalité De Madagascar 1960 (n 2) arts. 18, 24. See generally Code De La Nationalité De Madagascar 1960 (n 2). This table was created by the author to illustrate the difference between attribution and aquisition of Malagasy citizenship. Specifically, the table demonstrates the distinctions the law makes based on the gender of the respective parents and whether the child is of a legitimate marriage. tilburg law review 19 (2014) 182-193

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