Patrícia Jerónimo
parents are entitled to extend their acquired Timorese citizenship to their underage children
and that they only have to make a declaration to that effect to obtain the desired outcome.
Article 9 of the Nationality Act adds the clarification that the children who acquire
Timorese citizenship per their parents’ request are entitled to opt for another citizenship after
becoming adults. A similar clarification is made by Article 8 (3) of the Nationality
Regulation.
Acquisition of citizenship based on adoption by Timorese citizen: Children119 adopted by a
Timorese citizen acquire Timorese citizenship. It is necessary however that the adoption be a
‘full adoption’, i.e. that it extinguishes the previous ties between the child and his or her
natural family, save for purposes of establishing marriage impediments (Article 10 of the
Nationality Act). The acquisition is automatic upon adoption. Children adopted by Timorese
citizens are entitled to Timorese citizenship. There is no need for a declaration, nor room for
the Timorese authorities to oppose or deny the acquisition. This, which could be inferred from
the wording of Article 10 (1) of the Nationality Act, is explicitly stated by Article 18 (2) of
the Nationality Act, when it refers to the ‘acquisition by adoption per mere fact [sic] of the
law’. The Nationality Regulation reiterates this idea that citizenship is acquired by mere effect
of the law, but adds the term ‘assumption’, suggesting that the acquisition under Article 10 of
the Nationality Act may be reversed by proof to the contrary. Article 10 of the Nationality
Regulation reads: ‘It is assumed that individuals in whose birth registration is mentioned that
they were fully adopted by a Timorese citizen have acquired Timorese citizenship, by mere
effect of the law, provided that there is no later mention that, under the law, contradicts that
assumption’.
Per Article 18 (2) of the Nationality Act, the acquisition of Timorese citizenship based
on adoption is exempted from mandatory registration at the Central Registry Office, which
may be explained by the fact that the adoption is established by judicial decision [Article
1853 (1) of the Civil Code] and is therefore already part of the public record. Nevertheless,
Article 22 of the Nationality Act prescribes that, if the adoptee is a foreign child born in
Timor-Leste, the information regarding the Timorese citizenship of the adopter is added to the
child’s birth registration with mention to the judicial decision which decreed the adoption.
Also, Article 10 of the Nationality Registration refers to a mention in the birth registration of
the fact that the individual was fully adopted by a Timorese citizen. Article 11 (1) of the
Nationality Regulation specifies that the judicial petition for full adoption120 of a foreigner by
a Timorese citizen must be accompanied by proof of the Timorese citizenship of the adopter
and that a mention to this citizenship must be included in the decision which establishes the
adoptive filiation as well as in its communication for inclusion in the birth registration.
Acquisition of citizenship based on marriage to Timorese citizen: Per Article 11 (1) of the
Nationality Act, foreigners married121 to Timorese citizens may acquire Timorese citizenship
provided that they request it and that, at the time of the request, they meet three cumulative
119
Only individuals underage may be adopted. Per Article 1859 (2) of the Timorese Civil Code, the adoptee
must be under 15 years of age at the time of the judicial petition for adoption, unless he or she has been entrusted
to the adopter before the age of 15 or is the child of the adopter’s spouse, in which case the adoptee can be older
than 15 (but younger than 17).
120
Or for conversion of a simple adoption (adopção restrita) into a full adoption, per Article 11 (3) of the
Nationality Regulation.
121
There is, as yet, no equivalence between marriage and de facto unions in Timorese law.
30
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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