Prevention through acquisition at birth:
Substantive Law: As mentioned above, legislation of the Kyrgyz Republic employs the
jus sanguinis principle and grants nationality to any child whose parent(s) are Kyrgyz nationals at the time of the child’s birth, irrespective of the place of birth (the 2007 Citizenship
Law, Article 12.1). A child of a Kyrgyz and foreign parent maybe granted Kyrgyz nationality
upon submission of a written consent of both parents, irrespective of the place of the child’s
birth (Article 12.2). If one of the child’s parents was a Kyrgyz national at the time of the
child’s birth and the other stateless or of unknown nationality, the child is granted nationality
of the Kyrgyz Republic irrespective of their place of birth (Article 12.3). A child born in the
Kyrgyz Republic whose parents are stateless but permanently residing in the Kyrgyz Republic is recognized as a national of the country (Article 12.4). Finally, a child who is found
in the Kyrgyz Republic and whose parents are unknown is also considered a national of
the country (Article 12.5).
The 2007 Citizenship Law does not differentiate between genders and both parents
have an equal right to pass on citizenship to their children. If a child is eligible for nationality
at birth under the laws of the Kyrgyz Republic, it is granted whether they were born in or out
of wedlock. It should, however, be mentioned that Article 12.3 of the 2007 Citizenship Law,
which guarantees the attainment of nationality at birth by a child whose parent is a Kyrgyz
national and the other a stateless person, may require evidence of legal affiliation of the
child to the Kyrgyz parent in order to obtain citizenship if they were born out of wedlock.
The Law on Acts of Civil Status of 12 April 2005 (the 2005 Civil Status Acts Law), provides all the necessary legal measures related to familial affiliations, in addition to the Rules
on the Manner of Registration of Civil Status Acts in the Kyrgyz Republic as approved by
the Order of the Ministry of Justice of the Kyrgyz Republic No 91 dated 13 June 2001 (the
2001 Civil Status Registration Rules). According to Article 50, of the 2005 Civil Status Law,
affiliation is made either upon an application by the parents or by a court decision. The
2001 Civil Status Registration Rules further enhance the procedure by referring to the need
for a submission of a written application and a copy of the child’s birth certificate, in order to
register affiliation (Section 6, para. 2). No specific inconsistencies exist with regard to the
procedures of affiliation of a child to a parent.
Procedural issues and internal consistency: The three provisions of Article 12 of the
2007 Citizenship Law which pertain to the acquisition of nationality in the Kyrgyz Republic
by a child whose parents have different nationalities (Article 12.2), or whose parents are
stateless (Article 12.3 and 12.4) may present procedural and internal inconsistencies that
could result in facing the risk of statelessness. Article 12.2 requires a written consent to be
submitted by the parents with different nationalities for a child to be recognized as a Kyrgyz
national. Although, neither the 2007 Citizenship Law, nor the 2007 Citizenship Regulations
adopted to implement the Law, provide legal protection to the child if the parents fail to
reach an agreement on the nationality of their child. While the provision is not inconsistent,
it may increase the risk of statelessness if the child cannot acquire the nationality of either
parent.
Articles 12.3 and 12.4 grant Kyrgyz citizenship to children born to a stateless person and
a citizen, as well as to children born to stateless parents. However, procedural obstacles
related to the formal recognition of a stateless person under the Kyrgyz legislation could
jeopardize the implementation of Articles 12.3 and 12.4 of the 2007 Citizenship Law and
put a child, to whom these provisions are applicable, at risk of statelessness. According to
the 2007 Citizenship Regulations, a person whose affiliation to Kyrgyz nationality has yet
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Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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