Acquisition of Iraqi Nationality by a Child Born Outside Iraq May 2019 a. Iraq’s Nationality Law (Law No. 26 of 2006) According to Article 3 of the Iraqi Nationality, law dated 7 March 2006 (superseding Law No. 46 of 1963):1 A person shall be considered Iraqi if: a. he/ she is born to an Iraqi father or an Iraqi mother; b. he/ she is born in Iraq to unknown parents. A foundling found in Iraq shall, in the absence of proof to the contrary, be considered to have been born therein. Article 4 of the same law states: The Minister may consider Iraqi any person born outside Iraq to an Iraqi mother and an unknown or stateless father, if he chooses the Iraqi nationality, within one year from coming of age (reaching the age of maturity), unless he fails to do so, due to difficult circumstances, provided that he is residing within Iraq at the time of application for the Iraqi nationality. b. Acquisition of nationality from an Iraqi father Under Iraq’s nationality law, the acquisition of nationality from an Iraqi father is automatic at birth (ex lege) via paternal jus sanguinis, irrespective if the child was born inside or outside of Iraq. In practice, challenges arise where the child of an Iraqi national father has difficulties in proving that the father is an Iraqi national, or establishing paternal filiation, or both. c. Acquisition of nationality from an Iraqi mother if child is born in Iraq, or if born outside Iraq to a known non-Iraqi father who has another nationality Iraqi women can confer nationality to their children if their child was born inside Iraq, or if born outside Iraq to a known non-Iraqi father who has another nationality. In both cases, relevant administrative procedures must be followed, with all steps to be completed inside Iraq. d. Acquisition of nationality from an Iraqi mother if child is born outside of Iraq to a father who is stateless or to an unknown father Although the Iraqi Constitution of 2005 2 establishes gender equality by providing that nationality is acquired by descent from either men or women, Iraq’s 2006 nationality law limits the ability of Iraqi women to confer nationality on children born outside the country. 3 For such births, and when the father 1 2 3 Iraqi Nationality Law [Iraq], Law 26 of 2006, 7 March 2006, https://www.refworld.org/docid/4b1e364c2.html. Constitution of the Republic of Iraq [Iraq], 15 October 2005, https://www.refworld.org/docid/454f50804.html. UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2019, 8 March 2019, https://www.refworld.org/docid/5c8120847.html. “Article 3 of the Iraqi Nationality Law establishes the equal right of an Iraqi father and mother to transmit nationality to their children. No further conditions are placed on this conferral of nationality by descent. 1