Yet, according to the Aviation Law Act of 2002107 and the Maritime Code of 2001,108 such a ship or plane is considered Polish territory. This is in compliance with Article 3 of the 1961 Convention which stipulates that birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the state whose flag the ship flies or in the territory of the state in which the aircraft is registered. Acquisition of nationality is automatic for children born on the Polish territory, when their parents are unknown, stateless or their citizenship cannot be established or if they are foundlings. It is not conditional upon any additional criteria, such as registration. However, Polish nationality law does not fully comply with the obligations stemming from Article 1(1) of the 1961 Convention because not all children born on the Polish territory who would otherwise be stateless acquire Polish nationality. The law does not prevent statelessness of children who are born on the Polish territory of parents who are known and who have their nationality determined, but who are unable to transmit their nationality. This problem is illustrated by Marialina’s story below. Marialina’s story: Marialina was born in Kutno, Poland, in 2010. Her parents are emigrants from Cuba. However, she did not acquire Cuban nationality by birth, nor was she able to acquire Polish citizenship. Marialina could not acquire Polish citizenship because her parents were known and held a nationality of a foreign country. She did not acquire Cuban nationality either because according to Cuban law, in order for a child to become a Cuban citizen, at least one of the parents needs to be present in Cuba and take part in an administrative proceeding which lasts at least 3 months. These conditions were impossible to fulfill for Marialina’s parents who are emigrants, and, as such, are entitled to stay in Cuba for a maximum period of 60 days only. As a result, the girl was stateless for a period of 3 years (2010-2013). This was a difficult time for the family: “Our daughter had no passport and we could not travel anywhere. She could only talk with her grandparents in Cuba over the phone,” her parents say. Marialina’s parents prepared an application to the President of Poland for conferment of nationality, which is a discretionary procedure. Lawyers assisted by the Helsinki Foundation for Human Rights (HFHR) prepared a letter to the President supporting her case. Marialina was conferred Polish nationality by the Polish President in October 2013. Her parents say that they were not intending to obtain any privileges based on the particular situation of their daughter: “At no time did we intend to gain anything through this situation as we know we have not been here long enough (…). Our objective has always been to obtain a legal status for our daughter”. 107 Act of 3 July 2012 on Aviation, Journal of Laws 2018, Item 1183. 108 Act of 18 September 2001, the Maritime Code, Journal of Laws 2001, Item 1545. UNHCR POLAND, SEPTEMBER 2019 41