Eliyeh Delavari Children born in Iran to foreign parents, one of whom was also born in Iran, are granted Iranian nationality automatically. The application of this paragraph is subject to the following conditions being fulfilled: a. the child must be born in Iran; b. At least one of the parents was also born in Iran; c. the parents have not acquired Iranian nationality53; d. Children born to foreign diplomatic and consular representatives are not affected by this paragraph54 . If the children concerned wish to acquire the nationality of their fathers after reaching the age of 18, they must submit a written request within one year to the Ministry of Foreign Affairs to which they should attach a proof issued by their father’s country that they will be recognised as their nationals55. This paragraph has been significantly subject to discussion as far as its codification. The reason is that the law grants Iranian nationality to the child of a foreign woman if she is merely born in the country but not to the child who is born to an Iranian mother56. 3.4. Ius soli After Birth Under Iranian law, those who are born in Iran to a non-Iranian father and have resided at least one more year in Iran immediately after reaching the full age of 18, are granted Iranian nationality automatically. The application of the sub-para is subject to three conditions: a. The child must be born in Iran; b. The father is a foreign national (it is not relevant here whether the mother is an Iranian national or a foreigner); c. The person shall reside in Iran for at least one more year after reaching the age of 1857. It is to be noted that, for the application of this sub-para, the absolute residency in the country from birth is not required. Reason for this is that the required residency period for naturalisation under Article 979 of the Civil Code is five years. Therefore, also in this case, four years of residency before reaching the age of 18 is considered sufficient. If the conditions mentioned above are not met, the child will be subject to the conditions laid down by the law for naturalisation58. 3.5. Spousal Transfer Foreign women married to Iranian men are granted Iranian nationality automatically. This is the wording of sub-para 6 of Article 976. Iranian nationality is granted regardless of whether the country of her nationality recognises such an attribution or considers the woman still as a national. If the latter occurs, the woman becomes a dual national as the Iranian law allows her to maintain her original nationality 59 . In the event that the husband renounces his Iranian nationality during the marriage, she still remains as an Iranian national unless according to ‫ﻣﺣﻣد ﻧﺻﯾری‬، ‫ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ‬،١٣٨٣، ۶٣‫ص‬. (Mohamad Nasiri, International Private Law, Tehran: Agah, 2004, page 63). 54 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 976 (Note). 55 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 976(1). 56 ٨٢‫ﻣﺤﻤﻮد ﺳﻠﺠﻮﻗﯽ ص‬، ‫ﺑﺎﯾﺴﺘﮫ ھﺎی ﺣﻘﻮق ﺑﯿﻦ اﻟﻤﻠﻞ ﺧﺼﻮﺻﯽ‬،١٣٨٠،. (Mahmood Saljouqi, The Rules of International Private Law, Tehran: Mizan, 2001, page 82). 57 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 976(5). 58 ٨٣‫ﻣﺤﻤﻮد ﺳﻠﺠﻮﻗﯽ ص‬، ‫ﺑﺎﯾﺴﺘﮫ ھﺎی ﺣﻘﻮق ﺑﯿﻦ اﻟﻤﻠﻞ ﺧﺼﻮﺻﯽ‬،١٣٨٠،. (Mahmood Saljouqi, The Rules of International Private Law, Tehran: Mizan, 2001, page 83). 59 ٩١‫ﻣﺤﻤﻮد ﺳﻠﺠﻮﻗﯽ ص‬، ‫ﺑﺎﯾﺴﺘﮫ ھﺎی ﺣﻘﻮق ﺑﯿﻦ اﻟﻤﻠﻞ ﺧﺼﻮﺻﯽ‬،١٣٨۵،. (Mahmood Saljouqi, The Rules of International Private Law Requirements, Tehran: Mizan, Vol 4, 2006, page 91). 53 8 RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)