France nn The Civil Code provides for acquisition of nationality by a child born in France whose parents are either unable to confer nationality or who are unknown. nn French courts play an important role in helping to confirm French nationality by deciding if the facts are established to indicate that the person holds nationality according to the law, including if the child would otherwise be stateless. Where it is decided that a person does not hold French nationality, reasons are provided and avenues of appeal are available. The basic framework for French nationality law as it exists today dates back to the adoption of the first Civil Code in 1803 in the aftermath of the Revolution, while the characteristic combination of jus soli and jus sanguinis principles governing acquisition of French nationality was essentially put in place in 1889.25 Today, the Civil Code automatically attributes French nationality at birth if either of the child’s parents is French (regardless of place of birth or, since 1973, the sex of the parent)26 or if the child is born in France and has one parent also born in France (the principle of “double jus soli”).27 A person born in France whose parents are neither French nor were born in France will automatically become French at age 18 if he or she has lived in France for at least five years since the age of 11 and does not take steps to decline French nationality. In addition, the parents of a child who was born in France and has lived in France since the age of eight can claim French nationality on the child’s behalf after the age of 13.28 In 2016, the Civil Code was further modified to permit a person resident in France since the age of six to acquire nationality by declaration on reaching his or her majority, under certain circumstances.29 The Civil Code also provides that a child born in France of unknown or stateless parents or whose parents cannot transmit nationality to their child is automatically attributed French nationality at birth.30 Where a foreign law must be interpreted, the court must consult the Ministry of Justice.31 Birth registration is a prerequisite for the recognition of French nationality and cannot be refused to any child; a person finding a new-born child must present the child to the civil registry; late registration of birth is given by court judgment.32 The question of whether the child is stateless usually arises when the child (from the age of 16) or his or her legal representative seeks a document confirming French nationality, or seeks to assert a right based on French nationality – for example, to claim various state benefits, to stay in the country in the context of an immigration enforcement procedure, or to apply for a national identity card – and there is some doubt about 25 Since the Second World War, the most important reforms were adopted in 1945, re-establishing pre-war principles in the aftermath of the Vichy regime; in 1961, regulating nationality in the context of the transition to independence of France’s former colonies; in 1973, introducing gender equality and acceptance of dual nationality in all circumstances; in 1993, reducing access to French nationality for those born in France of parents born in a former French territory that had become independent, as well as based on birth and residence in the country; and in 1998, restoring the automatic attribution of French nationality based on birth and residence until majority (that is, on turning 18). More recent reforms have made it more difficult to access French nationality for those not born in the country. Please see Christophe Bertossi and Abdellali Hajjat, EUDO Citizenship Observatory Country Report: France, revised and updated January 2013. In the French language, there is a difference between nationality (nationalité), the status provided for in the civil code, and citizenship (citoyenneté), the right to participate in French civil and political life. Historically, especially in the French colonies, there were important differences between the two meanings that are no longer relevant today. 26 Civil Code, Article 18, 18-1. 27 Civil Code, Article 19-3. The term “double jus soli” is used to refer to the automatic attribution of nationality based on birth in the territory of one parent also born there. 28 Civil Code, Articles 21-7 to 21-11. 29 Civil Code, Article 21-13-2, as modified by Loi n°2016-274 du 7 mars 2016, Article 59. The person must have attended a state-run school in France, and have a sibling who has acquired nationality under one of the previous provisions. 30 Civil Code, Articles 19, 19-1, 19-2 and Article 58. 31 Circulaire n° 95-8/D3 du 5 mai 1995, NOR : JUS C 95 20374 C, relative à la délivrance des certificats de nationalité française (BOMJ 1995/58). 32 Civil Code, Articles 55 to 62-1. 8 CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS