COMMENTARY
UNDOCUMENTED CHILDREN IN IRAN: A REVIEW OF
RECENT LEGAL PROGRESS
ZAHRA ABTAHI,* KEYVAN ZAMANI AND MIRIAM POTOCKY***
TABLE OF CONTENTS
Introduction ........................................................................................................... 140
The Legal Situation in Iran Concerning Obtaining Nationality ............................ 140
History of the Problem in Iran ............................................................................... 142
People of Iranian Origin with No Access to Iranian Citizenship .......................... 142
Afghans without Documentation ........................................................................... 143
Children of Iranian Mothers and Non-Iranian Fathers without Valid Documentation
............................................................................................................................... 143
Conclusion ............................................................................................................. 144
INTRODUCTION
Children are among the most vulnerable groups to suffer the consequences of a
lack of documentation. A lack of legal documentation identifying citizenship
precludes children from rights and privileges accorded to their documented peers.
While a lack of documentation is usually the result of immigrants or asylum
seekers entering another country without legal documentation or not renewing
their visas after entry, it may also occur when a female national of a country cannot
pass her nationality to her child because she is married to a non-national without
valid documentation. According to the United Nations High Commissioner for
Refugees, as of March 2021, equality between men and women relating to the
conferral of nationality upon children has not yet been attained in 25 countries
worldwide, including Iran.1 This commentary aims to provide brief explanations
of the legal procedures regarding nationality in Iran, the different undocumented
groups and the legal advocacy to address the issue of lack of documentation, in
light of new progress addressing the inequality in conferring nationality between
men and women.
*
Zahra Abtahi is a PhD candidate in social work at Florida International University with a
background in anthropology and some experience working with refugees in Iran.
Keyvan Zamani is a certified attorney from the Iranian Central Bar Association with a
master’s degree in Criminal Law and Criminology from Shahid Beheshti University as well
as an LLM from the George Washington University Law School. He mainly works with
refugees and asylum seekers in Iran.
*** Miriam Potocky, PhD, is a professor of social work at Florida International University. She
specialises in research on refugee resettlement.
1
Background Note on Gender Equality, Nationality Laws and Statelessness 2021 (UNHCR
Report, 5 March 2021) 2, 6–7.