ii. Nationality as a consequence of a child-parent family relationship
Principle 11. provide that children whose parentage is established by recognition, by court order or similar procedures acquire the nationality of the parent
concerned, subject only to a procedure determined by their internal law;
119. More guidance in the explanatory memorandum could prove useful as
this has proved to be a complex issue in practice.
Principle 12. apply to children their provisions on acquisition of nationality
by right of blood if, as a result of a birth conceived through medically assisted
reproductive techniques, a child-parent family relationship is established or
recognised by law;
120. This principle appears to be relevant for LGBTQ* families. More guidance
in the explanatory memorandum may be desirable to take into account social
developments.
Principle 13. subject the granting of their nationality to children adopted
by a national to no other exceptions than those generally applicable to the
acquisition of their nationality by right of blood, if as a consequence of the
adoption the family relationship between the child and the parent(s) of
origin is completely replaced by the family relationship between the child
and the adopter(s);
Principle 14. facilitate the acquisition of their nationality by children adopted
by a national in the case of an adoption in which the family relationship
between the child and the parent(s) of origin is not completely replaced by
the family relationship between the child and the adopter(s);
Principle 15. provide that revocation or annulment of an adoption will not
cause the permanent loss of the nationality acquired by the adoption, if
the child is lawfully and habitually resident on their territory for a period of
more than five years;
Principle 16. provide that foreign children lawfully residing on their territory
with a view to adoption have the right to file applications for the acquisition of their nationality if the adoption is not finalised. States should not in
this case require a period of more than five years of habitual residence on
their territory;
121. Owing to the extreme sensitivity on the issue of intercountry adoption,
it should be discussed whether principles 13 to 16 should be kept or left out
and dealt with in a separate instrument.
Towards a new non-binding instrument on access to nationality for children ► Page 39