CHAPTER I Measures to reduce statelessness RECOMMENDATIONS ANNEXES 33 CHAPTER VII 64 65 66 67 68 See Law No. 113/2020 “On Nationality”, Official Gazette of the Republic of Albania, published 28 September 2020 [in Albanian]; to access the relevant provisions of the nationality law and other laws, see of Statelessness Index Survey 2022: Albania, ENS, 2022, PRS.3.a-6.a, pp. 22-24. Ibid., Art. 7/1. See ENS, Statelessness Index Survey 2022: Albania, PRS 1-6, pp. 20-26. Law No. 113/2020 on Citizenship (as amended by Law No. 77/2023, date 02.05.2024), Article 7/3. Ibid., Article 5. Law No. 10 129 on Civil Status, 11,05.2009 (as amended 06 June 2024), Article 36 and Article 38/1. CHAPTER VI 63 CHAPTER V A child born in Albania to parents with another nationality who are lawfully residing in Albania may obtain Albanian citizenship with the consent of both parents.66 If the parents are Albanian citizens and have proof of this, their nationality is confirmed in an electronic register of nationals and the child is recorded as being an Albanian citizen.67 If the parent(s) are stateless, have no identity documents and/or no permission to live in Albania, the child can be registered based on a declaration by the parent(s). According to the law on Civil Status, if any errors are made, such as the incorrect attribution of a child’s nationality, the administrative court has the authority to issue a decision for the civil registration authorities to correct the child’s nationality.68 CHAPTER IV The provision has an automatic impact once it is proven, upon registering a birth, that the child was born on the territory and “may remain stateless”. The law does not require proof that the child cannot obtain another nationality, nor that the parents are stateless. There is no age cut-off for the acquisition of nationality of a child born in Albania, and the application is free. There is no distinction in the law based on the parents’ marital status, and citizenship by descent is conferred through either the mother or father. A period of lawful residence on the territory is not required, but parents without identity documents or whose presence is irregular may encounter difficulties in registering their child’s birth.65 CHAPTER III The Government amended the Law on Citizenship in 2020 to stipulate that “A child born or found within the territory of the Republic of Albania and who may remain stateless acquires Albanian nationality.”64 CHAPTER II Albania’s nationality law now contains several safeguards against childhood statelessness. The law provides for a child’s right to free birth registration immediately after birth, and children born outside Albania to an Albanian national can be registered at the request of the parent and obtain Albanian nationality (with some limitations). The child also has a right to a name and a nationality and other rights. There are further safeguards against statelessness for foundlings and adopted children.63

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