120 Kanics tourism’ where it is not intended for the child to reside or to grow up in that country. At the same time, if the country of the intending parents only applies the jus sanguinis principle, the child may experience difficulty having his or her claim to nationality recognised by the competent authority14 from that country, especially when that State takes the view that the child should have the nationality of the surrogate (birth) mother or when surrogacy is illegal15 in that State. When the competent authority, such as a consulate abroad,16 refuses to recognise the registration of the child, he or she is not considered as a national for the purposes of Article 1(1) of the 1954 Convention.17,18 Indeed, difficulties in establishing legal parentage have left children in such circumstances stateless: without the recognition or protection of any State and at risk of human rights violations. Aware of the gaps in legislation, which may cause serious complications and negatively impact upon children’s rights, some governments have published warnings for prospective intending parents on the Internet.19 For instance, the Belgian government has issued a note explaining that due to the existing legislative void, they are unable to recognize the effects of any foreign documents provided in the context of international surrogacy and, therefore, unable to recognise legal parentage or to provide the child with a travel document.20 In such cases, parents are discouraged from pursuing surrogacy and advised to turn to the relevant court in order to attempt to remedy the situation after the birth of a child by a surrogate. 14 15 16 17 18 19 20 UNHCR ‘Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons’ (20 February 2012) HCR/GS/12/01 <http://www.refworld.org/docid/4f4371b82.html> accessed 16 September 2013. HCCH, ‘A Preliminary Report on the Issues arising from International Surrogacy Arrangements’ (n 6) 9. Surrogacy arrangements reached in contravention of the law are void and unenforceable in terms of their legal effects. Vienna Convention on Consular Relations (adopted 24 April 1963, entered into force 19 March 1967) art 5(f). Convention Relating to the Status of Stateless Persons (adopted on 28 September 1954, entered into force 6 June 1960) Economic and Social Council Res 526 A (XVII) (1954 Convention) art 1 (1): A stateless person is defined as a person who is not considered as a national by any State under the operation of its law. UNHCR ‘Guidelines on Statelessness No. 1’ (n 14) para 32. HCCH, ‘A Preliminary Report on the Issues arising from International Surrogacy Arrangements’ (n 6) 19. Belgian Ministry of Foreign Affairs, ‘Consular Information: Children Born of a Surrogate Mother’ <http://www.diplobel.us/BelgianCitizens/Nationality/surrogatemother.asp> accessed on 15 September 2013. tilburg law review 19 (2014) 117-126