Children born in a Contracting State to parents who are nationals of another
Contracting State who miss the age limit to apply for nationality or cannot meet the
habitual residence requirement in the State of birth
50. The first subsidiary rule is found in Article 1(4) of the 1961 Convention and applies where
a child who would otherwise be stateless is born in a Contracting State to parents of another
Contracting State but does not acquire the nationality of the State of birth automatically and
either misses the age limit to apply for nationality or cannot meet the habitual residence
requirement in the State of birth. In such cases, responsibility falls to the Contracting State of
the parents to grant its nationality to the child (or children) of its nationals. In these limited
circumstances where Contracting States must grant nationality to children born abroad in
another Contracting State to one of their nationals, States may require that an individual lodge
an application and meet certain criteria set out in Article 1(5) of the 1961 Convention that are
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similar to those set out in Article 1(2) of the 1961 Convention.
Children of a national of a Contracting State who would otherwise be stateless, born in
a non-Contracting State
51. The second subsidiary rule applies where children of a national of a Contracting State
who would otherwise be stateless are born in a non-Contracting State. This rule is set out in
Article 4 of the 1961 Convention and requires the Contracting State of the parents to grant its
nationality to the child (or children) of its nationals born abroad. Article 4 gives Contracting
States the option of either granting their nationality to children of their nationals born abroad
automatically at birth or requiring an application subject to the exhaustive conditions listed in
Article 4(2). These conditions are again similar to those set out in Article 1(2) of the 1961
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Convention, with some distinctions.
52. Like Article 1, Article 4 of the 1961 Convention must be read in light of developments in
international human rights law, in particular the right of every child to acquire a nationality, as
set out in Article 7 of the CRC and the principle of the best interests of the child contained in
Article 3 of the same Convention. As a result, Contracting States to the 1961 Convention are
required to provide for automatic acquisition of their nationality at birth by a child who would
otherwise be stateless and is born abroad to a national or, for States which have an
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application procedure, to grant nationality shortly after birth.
V. OTHER OBLIGATIONS IN ARTICLES 1 AND 4 OF THE 1961 CONVENTION
a) Appropriate Information
53. Contracting States that opt for an application procedure are obliged to provide detailed
information to parents of children who would otherwise be stateless about the possibility of
acquiring the nationality, how to apply and about the conditions which must to be fulfilled.
54. Information on how to apply needs to be provided to concerned individuals whose
children born in the territory of a Contracting State would otherwise be stateless or of
undetermined nationality. A general information campaign is not sufficient.
b) Fees
Where Contracting States grant nationality to individuals who would otherwise be stateless
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upon application, they are encouraged to accept such applications free of charge. Indirect
costs, such as for authentication of documents, must not constitute an obstacle for individuals
to make an application under Articles 1 and 4 of the 1961 Convention.
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There are significant differences between paragraphs 2 and 5 of Article 1, however. Please see the comparative
table regarding the grounds for rejection of an application in the Annex.
37
Please see the comparative table regarding the grounds for rejection of an application in the Annex.
38
Please see paragraph 11 above.
39
The exhaustive lists of requirements allowed by Article 1(2), Article 1(4) and (5) and Article 4(2) of the 1961
Convention do not mention the payment of a fee.
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