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ARTICLE 5
Attribution of Nationality
1.
A State Party shall, subject to any exceptions that may be provided in its
national law, attribute nationality by operation of law from the moment of
birth to the following persons:
a.
A child born in its territory one of whose parents had the nationality
of that State at the time of the child’s birth;
b.
A child born outside its territory one of whose parents had the
nationality of that State at the time of the child’s birth subject to any
exceptions which may be provided for by its national law as regards
children born abroad. A State shall, however, always provide for the
attribution of nationality to a child born abroad if:
i.
either of the child’s parents has its nationality and was born in
its territory, or
ii.
the child would otherwise be stateless.
c.
A child born in the territory of the State of one parent also born
there;
d.
A child born in the territory of the State of parents who are stateless
or of unknown nationality or in other circumstances in which the
child would otherwise be stateless.
2.
A State Party shall also attribute nationality, in accordance with its
national law, to a child found in its territory of unknown parents, who shall
be considered to have been born in its territory of parents possessing he
nationality of that State, unless his or her parentage is established during
his or her minority and he or she acquires the nationality of one parent.
3.
A State Party shall ensure that its national law relating to the attribution
of nationality, to children born within and outside its territory, do not result
in statelessness.
4.
If the application of a State Party’s laws relating to the attribution of
nationality result in statelessness, the State Party should waive its
requirements, in favour of the person who would otherwise be stateless.
ARTICLE 6
Acquisition of Nationality
1.
A State Party shall provide in its national law for the possibility of
acquisition of its nationality by
a.
persons who have established their habitual residence there;