31. This situation can apply both where the conferral of nationality to children born abroad is not automatic and in cases where it is automatic. In cases where conferral is not automatic but requires contact with the authorities of the country of origin, the child will not be able to acquire their parents’ nationality and will consequently be stateless.58 Where conferral is automatic, children will in principle acquire their parents’ nationality at birth, but this will not translate to documentation of nationality due to the impossibility of contacting the authorities. 59 The authorities may not recognise the nationality of children born abroad to refugees under the operation of the law. 60 Children in this scenario are at significant risk of statelessness. 32. As with the previous scenarios, acquiring nationality through declaration (nyilatkozat) cannot be considered a solution in line with Hungary’s international obligations due to the strict conditions of the declaration process. 61 If the parents have tolerated stay (befogadott)62 or are still in the asylum procedure, they are not allowed to establish a ‘domicile’, meaning the child cannot use the safeguard. Neither is it guaranteed that the child will have a continuing ‘domicile’ in Hungary for the following five years, as their refugee or subsidiary protection status (which allows for establishing a domicile) may end and the family may be granted tolerated stay, which does not allow for the establishment of a domicile.63 Children adopted by Hungarian nationals 33. Children adopted by Hungarian nationals remain stateless until they can acquire nationality through naturalisation.64 They can apply for Hungarian nationality after three years of residence in the country. A foreign child can apply for Hungarian nationality up to the age of 14 with the consent of the adoptive parents in the case of full adoption and will be exempted from the general requirements for naturalisation.65 The child can apply on their own behalf if aged between 14 and 18 years.66 There is a risk of statelessness in the procedure if the child or parents do not apply or consent to apply for naturalisation, or if there is a delay on the part of the authorities, and the child loses their former nationality or is stateless on adoption. Issues of concern related to birth registration and determination of nationality at birth 34. The general framework of birth registration in Hungary is set by Act I of 2010 on Civil Registration Procedures,67 which entered into force on 1 July 2014. The Hungarian birth 58 Ibid, p. 15. Ibid. 60 Ibid. 61 Act LV of 1993 on Hungarian nationality, Sections 3(3), 5/A(1)(a) & (b): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713. 62 A protection status determined by domestic law, based on a risk of torture, inhuman or degrading treatment upon an eventual return to the country of origin. 63 See paragraph 25. 64Act LV of 1993 on Hungarian nationality, Section 4(2)(c) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713 65 Ibid. 66 Ibid. 67 Act I of 2010 on Civil Registration Procedures, Section 1(3)(a) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=129886.346948 59 10