5. Notification (article 58c and article 59, paragraph (1)). Descent Article 7. (1) Children shall acquire nationality at the time of their birth if at that time: 1. the mother, as defined in article 143 of the Civil Code, Compendium of Laws and Regulations (JGS) No. 946/1811, is a national; 2. the father, as defined in article 144 (1) 1 of the Civil Code, is a national; 3. the father is a national and he has acknowledged paternity in accordance with article 144 (1) 2 of the Civil Code or 4. the father is a national and his paternity has been judicially declared in accordance with article 144 (1) 3 of the Civil Code. Acknowledgements of paternity as referred to in subparagraph 3 above or judicial declarations of paternity as referred to in subparagraph 4 above which have been made within eight weeks from the birth of the child shall, for purposes of the scope of application of subparagraphs 3 and 4 above, be effective at the time of the birth of the child. (2) The death of a parent who meets the requirements set out in subparagraphs 1 to 4 of paragraph (1) above prior to the birth of the child shall not preclude the acquisition of nationality if that parent was a national at the date of his or her death. (3) Notwithstanding paragraph (1) above, children born abroad shall acquire nationality if: 1. at the time of their birth an Austrian national is the mother or father of the child in accordance with the law of the country of birth and 2. they would otherwise be stateless. Legitimization Article 7a. (1) An under-age unmarried alien born out of wedlock who has not already acquired nationality pursuant to article 7 shall acquire nationality at the time of his parents’ marriage or at the time of the declaration of legitimacy if at that time his father is a national or if, in the event of his earlier death, he was a national at the date of his death. (2) If the under-age unmarried alien has already reached the age of 14 years, paragraph (1) above shall apply only if: 1. he and his legal representative give their consent to the acquisition of nationality within three years from the time of the marriage or the declaration of legitimacy and 2. he is still unmarried at the time of consent. Consent shall be given in writing to the registration authority (article 49, paragraph (2)). (3) Should consent as referred to in paragraph (2) above be refused, substituted consent may be given by the court if for educational, occupational or other cogent reasons the acquisition of nationality is to the benefit of the person under full age. The same shall apply if the person under full age does not have a legal representative or his legal representative cannot be contacted and the appointment of a legal representative meets with insurmountable obstacles; the same shall also apply if the place of residence of the person under full age is unknown or he cannot otherwise be contacted. Jurisdiction shall rest with the domestic court which would be competent to act in guardianship or custody matters if the person under full age had Austrian nationality. The time-limit for giving consent shall be deemed met if the case was brought before the court prior to expiry of the time-limit and the person under full age is still unmarried when the court’s decision reaches the registration authority.