Undocumented Children in Iran THE LEGAL SITUATION IN IRAN CONCERNING OBTAINING NATIONALITY Article 976 of the Civil Code of the Islamic Republic of Iran (‘Civil Code’), initially adopted in 1935, establishes the criteria for Iranian nationality, including the requirements of birth and residence in Iran and the Iranian nationality of the father — paternal jus sanguinis. Articles 976(4) and (5) specifically address children born in Iran to foreign parents. Article 976(4) grants Iranian nationality to children born in Iran to foreign parents if one of the parents was also born in Iran. Article 976(5) grants nationality to children born in Iran if their father is a foreign national but has resided in Iran for at least one year after reaching the age of 18.2 Despite the clear text of these articles, these criteria have not always been easily applied to eligible people. Before 1985, Iranian mothers were able to apply for Iranian nationality for their children if the father was declared ‘absent’.3 However, in 1985, art 45 of the Civil Registration Law was modified to stipulate that, when the nationality of the newborn is not certain and supporting documents cannot be provided, the nationality case will be sent to the Police Department and Intelligence Service of the province.4 One of the supporting documents required was a marriage certificate. Many parents whose marriages were not registered could not apply for the nationality of their children. This revision to art 45 created a large population of undocumented children.5 In 2006, the Islamic Consultative Assembly passed new legislation that banned the previous interpretation of art 976(4) of the Civil Code.6 This 2006 Law on Determination of Nationality of Children Born from Iranian Mothers and Fathers (‘2006 Law’) stated that children of Iranian mothers and non-Iranian fathers who were born inside Iranian territory or will be born, at most, one year after the passing of the 2006 Law, can apply for Iranian nationality when they are 18 years old. If they do not have any criminal or security records and they renounce any other nationalities, their nationality claim may be accepted.7 Article 976(5) of the Civil Code, which allows children below 18 years of age born of Iranian mothers and non-Iranian fathers to be Iranian nationals, was discussed again by the Islamic Consultative Assembly in 2015 but was considered out of order because of its ‘encouragement of immigration to Iran and financial burden on the government’.8 In May 2019, the 2006 Law was discussed again by the Assembly and amended.9 Under the revised legislation, children born to 2 3 4 5 6 7 8 9 Civil Code of the Islamic Republic of Iran, arts 976(4)–(5) (Islamic Republic of Iran) (‘Civil Code’). Ahmad Meydari, ‘An End to the Undocumented Children: Will the Tenth Parliament Correct the Mistake of the Seventh Parliament?’, Pupils Association News Agency (online, 5 November 2019) <http://www.pana.ir:80/news.aspx?id=914248>. ibid; Civil Registration Law 1986–1364, art 45 (Islamic Republic of Iran). Meydari (n 3). Law on Determination of Nationality of Children Born from Iranian Mothers and NonIranian Fathers 2006 (Islamic Republic of Iran). ibid. Darioush Jahanbin, ‘The Citizenship Law for Children of Iranian Mothers: A Step Towards Solving a Ninety Year Old Problem’, Islamic Republic News Agency (online, 13 May 2019) <https://www.irna.ir/news/83312579/>; ‘The Issue of Undocumented People Is Not Solved Yet’, Shargh Newspaper (online, 17 July 2018) <https://www.magiran.com/ article/3773025>. Nahid Hajikhani, ‘Warm Welcome to Children with Iranian Mothers’, Islamic Republic News Agency (online, 11 August 2020) <https://www.irna.ir/news/83903222/>. 141