38.
For stateless children born on the territory of a state, the relevant international treaties
give clear standards on how to ensure that the child acquires a nationality. Either the country
of birth provides for automatic acquisition of nationality at birth or later by acquisition which
may be conditioned on habitual residence. However, it was observed, that many states still did
not have full safeguards in legislation to ensure that stateless children born on their territory
acquired nationality.
39.
Children born in a foreign country who migrated to another country can face problems
confirming their nationality, especially if their birth was not registered. Examples included
children whose birth took place in transit, at sea or in camp settings. Their birth registration
and certification may have been complicated or impossible in the place of birth (for example,
due to the inability of parent/s to meet documentation requirements, or for other logistical
reasons including digitalisation of civil registry systems, or lack of civil registration facilities in
conflict or camp/transit settings). The conditions to get a birth certificate in the state of
residence differ very much across countries. Very few states have clear
mechanisms/procedures in place to determine a child’s nationality at or after birth (especially
where the nationality is unclear, or they or their parents lack specific documents). However,
some states have good practices in this respect which could constitute a basis for guidance
on how states should ensure immediate birth registration, issuance of birth certificates, and
determination of a child’s nationality. It was suggested that this is an area where international
organisations such as UNHCR, Council of Europe, and INGOs could work together with
experts to develop practical guidance to support states in this area. This could include
exchange of information and good practice on foreign nationality laws, specific communities
affected, and “decision-trees” showing how for the nationality status of children from different
backgrounds/regions is decided.
40.
In the case of refugee children, additional hurdles could arise if acquisition of nationality
of either the country of birth or the country of a parent’s nationality depended on contact with
the consular authorities of a country of origin. Safeguards often lack to ensure that refugees
are not expected to contact the authorities of their country of origin from which they fear
persecution for their children in order to acquire or confirm their nationality.
41.
Children of alleged “foreign fighters”, born in conflict zones or in areas under the control
of designated terrorist groups to foreign mothers or fathers are also at risk of statelessness,
when excluded from birth registration and documentation or if their birth certificates are not
recognised by other Governments as a result of their birth in a conflict zone. Safeguards to
facilitate processes for the confirmation of their nationality and issuance of documentation are
commonly lacking.
42.
The situation of abandoned children (foundlings), adopted children and children of
same-sex parents and/or children born as a result of surrogacy arrangements, for whom data
on their parentage are lacking or data obtention can be complicated, was also mentioned. The
principles enshrined in Recommendation 2009/13 of the Committee of Ministers on the
nationality of children were recalled in this context, and suggestions were made that , further
guidance could be developed by taking as a starting basis this Recommendation.
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