nationality through this route. 37 The typical procedure for a child to assert an entitlement to Irish nationality is to apply for a passport providing documentary evidence to support their birth-right entitlement. There is no reference to stateless children in the Passports Act nor guidance on applying for a passport in the scenario provided for in Section 6(3). It is likely that any request for a certificate of nationality or passport would be scrutinised closely and evidence required of the child's inability to acquire another nationality, but practice is unclear. 39. According to Section 6A of the Citizenship Act, individuals born in Ireland are Irish from birth provided they have at least one parent who: (i) is an Irish citizen, entitled to be an Irish citizen, or British citizen; (ii) has been lawfully resident in Ireland for at least three of the past four years; or (iii) has the right to live in Ireland or Northern Ireland without any restriction on their period of residence. 38 As explained above, Ireland lacks a dedicated statelessness determination procedure leading to a dedicated protection status, and stateless persons may not succeed in acquiring a residence permit on other grounds. Without a residence permit, parents will not be able to comply with the residence requirements provided under Section 6A of the Citizenship Act. Furthermore, if they cannot prove that their children are ‘not entitled to citizenship of any other country’,39 there is a risk that children will remain stateless throughout their childhood. 40. Positively, Irish law contains an explicit safeguard to prevent statelessness in the case of foundlings.40 However, it is unclear if the safeguard applies to older children and at what stage a child is no longer considered ‘newborn’. Risk of statelessness for children born abroad 41. Irish legislation contains a safeguard to prevent statelessness in the case of adopted children 41 and children born abroad to Irish nationals. 42 Children born abroad are entitled to Irish nationality if one of their parents is Irish. However, the lack of regulation of all forms of assisted human reproduction can lead to increased risks of statelessness for some children, particularly for children born abroad to same-sex couples and if the Irish parent is not a birth parent. Although the statutory provisions are gender neutral and refer to 'parent', there are some possible risks arising in practice due to the lack of comprehensive regulation of all forms of assisted human reproduction, including surrogacy and reciprocal IVF.43 Issue 3: Deprivation of nationality 42. Under international law, while States have broad discretion to regulate nationality 37 Berkeley solicitors, ‘Stateless child born in Ireland granted a certificate of nationality’, 28 August 2020: https://berkeleysolicitors.ie/stateless-child-born-in-ireland-granted-a-certificate-of-nationality/. 38 Section 6A of the Irish Nationality and Citizenship Act, 1956 (as inserted by section 4 of the Irish Nationality and Citizenship Act, 2004). 39 Section 6(3) of the Irish Nationality and Citizenship Act, 1956 (as inserted by section 3 of the Irish Nationality and Citizenship Act, 2001) which provides that “A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country”. 40 Section 10 Irish Nationality and Citizenship Act 1956 (as amended). 41 Section 11 Irish Nationality and Citizenship Act 1956 (as amended). 42 Section 7 Irish Nationality and Citizenship Act 1956 (as amended). 43 See Court of Justice of the European Union, Case C-2/21: a referral from a Polish Court concerning a child born to a Polish and Irish couple in Spain; and media reports highlighting difficulties in asserting nationality of children born through donor-assisted human reproduction to same sex couples: Getting IVF abroad: ‘Our daughter is stateless, she doesn’t exist’ (irishtimes.com), https://www.thejournal.ie/parental-rights-legislation-limbo-noteworthy-5148504-Jul2020/. 10