Statelessness Working Paper Series 2017/04
confirmed that the recognition of the child by the father by declaration was authorised by Syrian law.74
Corroborating evidence was found.75 Since, the Department has allowed the father to be mentioned
on the birth certificate following such declaration, therefore preventing the lack of legalisation of the
marriage certificate to be an obstacle. 76 However, despite this acknowledgement that Syrian law
authorises such recognition, other verifications must still be fulfilled in order for the paternal
recognition of the child to be authorised by the civil servant. The latter must verify that the mother is
not married to another person and in some cases a judgment will still be necessary to allow for the
father's recognition of the child.77 Legal support will then likely be necessary for the father to navigate
through the judicial procedure.
If the father is a recognised refugee, however, the recognition of the paternity of the child will be in
accordance with Belgian legislation. 78 The paternity of the father can therefore more easily be
established than if the Syrian legislation had to be applied. Once the filiation is established, the
recognition certificate will be mentioned in the birth certificate. 79 This judgement is therefore
significant in the longer term as, upon return to Syria, the necessary proof to ensure the child’s access
to Syrian nationality will be secured.
5.2. Acquisition of Belgian Nationality
The first condition to acquire Belgian nationality based on the safeguard against statelessness at birth
is to be born on Belgian territory. Though acquisition of Belgian nationality on the basis of Article 10
BNC is automatic, it still must be proven that the child fulfils the conditions to obtain Belgian
nationality on the basis of this Article. Namely, that the child is born on Belgian territory and that he
or she will be stateless if he or she is not granted Belgian nationality. The first part of this section
therefore looks into the birth registration process in Belgium, while the second part examines the
effective proof of acquisition of Belgian nationality, namely the registration of the child as Belgian in
the population register. Indeed, the nationality of an individual is not mentioned on the birth
certificate yet is in the registers. Such registers will therefore be the material proof that Belgian
nationality has been granted to the child. Yet, as discussed later, the division of competences for
registering different population groups makes such registration difficult to trace in practice.
5.2.1. Birth Registration
The birth certificate is an important document to ensure children's acquisition of nationality. The
document is an official source of information on the place of birth of the child and the filiation with
the parents. Such information is essential to prove the right of the child to obtain his or her nationality,
as nationality is transferred jus soli (through the soil) and/or jus sanguinis (through blood).
The declaration of birth to the municipality is mandatory and must be done within 15 days of the date
the birth occurred.80 Declaration is necessary in order to establish a birth certificate that will be saved
in the birth register and can be retrieved at any time. Before the birth is declared, the hospital, doctor,
sage-femme, gynaecologist, or witnesses if none of the previous were present, must give notice of the
74
Information by Sandrine Cremer; Belgium, Court of First Instance, Liège, 11 December 2015, RG 15/399/A, unpublished.
‘A man who declares a child to be his will establish filiation with that child unless it is proved that he is not the father. If
an unmarried couple engage in sexual relations then paternity is established if the child is born at least six months and a
maximum of 1 year afterwards.’, Reunites, Islamic Information Resource: Syria, (2005),
http://www.reunite.org/edit/files/Islamic%20Resource/Syria%20Text.pdf, p. 3.
76 Information by Sandrine Cremer.
77 Information by Vanessa Noriega, head of the Birth and Nationality Department of the city of Liège, communication via
telephone on August 2, 2016.
78 CGRS, You are recognised as a refugee in Belgium - Your rights and obligations (2016),
http://www.cgra.be/sites/default/files/brochures/2016-06-30_brochure_recognised-refugee_eng_0.pdf, p. 9.
79 Belgium, Civil Code, Article 62(2).
80 Belgium, Civil Code, Article 55.
75
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