2020
Statelessness & Citizenship Review
2(2)
Thus, even with universal birth registration, many children could be left with
undetermined nationality and at risk of statelessness — and would remain so as
adults without law and procedural reform to resolve their status. Among those who
be at risk of statelessness without additional protections in law and practice are:
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Children of unknown parents and place of birth;
Children separated from their parents, including trafficked children or
orphans, who hold no copy of a birth certificate or any other
documentation;
Children who cannot acquire nationality from one of their parents, because
of gender discrimination in the law (most often, preventing children born
out of wedlock from acquiring nationality from their father, or born in
wedlock from their mother);
Children whose rights to nationality depend on the legal recognition of the
parents’ marriage both in the state where the marriage took place and in
the state of the child’s birth, and these documents cannot be produced or
are not accepted as valid;
Children of stateless parents;
Children whose parents’ nationality is unknown or undocumented, or
whose identity documents are out of date or rejected as fraudulently
acquired;
Children who cannot acquire the nationality of (one of) their parents,
because of restrictions on transmission of nationality to those born outside
their state(s) of origin;
Children whose births were registered in the country of birth, but the
registration was not transcribed as required, within the relevant
timeframes, into the records of the consular or other relevant authorities of
the state(s) of origin of the parents;
Children born through the use of assisted reproductive technologies,
including international surrogacy arrangements; and
Children who cannot acquire a nationality from one of their parents, and
who can only acquire the nationality of the state of birth on reaching
majority.
In all these cases, ensuring that a child has the right to acquire a nationality will
require legal reform and administrative procedures to implement that right in
practice. Effective legal protection against statelessness in practice almost always
involves providing general legal rights to acquire nationality based on birth and/or
residence in a country, given the difficulties of proving statelessness of the child
or parent. Efforts to register a child — or adult — with another form of legal status
(including the status of stateless person), and a document to match, may be helpful
as an interim measure over the short term. But history shows that sometimes such
interim measures become permanent, serving to identify as outsiders a group of
non-citizens who have no meaningful connection to any other country than the one
in which they were born and live.
It seems that there are no short cuts to the legal and political processes required
to determine nationality and end statelessness. If an identity other than that of
‘resident’ is to be registered, both private and public international law must be
mobilised to help resolve these uncertainties — ideally at the time of birth, but
later if that is not done. A name, birth registration, the recognition of family
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