What is the link between
registering birth and
acquiring a nationality?
Nationality is acquired through the operation of
a State’s nationality law, automatically at birth
or upon an application being lodged with the
appropriate authority. Acquisition of nationality
and birth registration are separate processes
and generally regulated under separate laws and
policies. Where national law allows nationality to
be acquired on grounds of descent (jus sanguinis),
birth certificates provide evidence of who the
child’s parent or parents are (except where
the parents are unknown). Where nationality is
acquired on grounds of birth in the territory (jus
soli), birth certificates can prove the birthplace.
Individuals can be at risk of statelessness if they
have difficulties proving that they have relevant
links to a State, and lack of birth registration can
create such a risk. This is because, as noted above,
birth registration includes a legal record of where
a person was born and who their parents are – key
pieces of information needed to establish which
country’s nationality a child can acquire.
The extent to which lack of birth registration
contributes to risk of statelessness varies
depending on the context and the circumstances
of the individual or the population group in
question. On its own, lack of birth registration does
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not usually mean that a person is stateless, or even
at risk of statelessness. However, birth registration
helps establish entitlement to a nationality
and is often a prerequisite for obtaining other
documents proving nationality. In some countries,
a birth certificate alone may be regarded as
proof of nationality, particularly where nationality
is acquired automatically based on birth in the
territory (jus soli).
Birth certificates for children may also serve, in
certain cases, as temporary proof of identity for the
child to take final exams, graduate or access health
care. This is the case in many countries that only
issue national ID cards at the age of majority.19
Some population groups are at particular risk
of statelessness because their situation makes
it difficult for them to register births or obtain
related documents and other factors. They
include refugees, asylum-seekers, IDPs, migrants,
nomadic and border populations, and minorities.
Abandoned, orphaned, unaccompanied or
separated children are especially vulnerable,
and are more likely to lack any legal identity
documents.
UNHCR, “Ensuring birth registration for the prevention of statelessness”, Good Practices Paper – Action 7 (Geneva, UNHCR,
2017). https://www.refworld.org/reference/themreport/unhcr/2017/en/122586.
Birth registration of forcibly displaced and stateless persons
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