Children whose parents cannot confer nationality 28. Hungarian law does not prevent statelessness in situations where the parents have a nationality but are unable to pass their nationality on to their children. Parents may not be able to confer their nationality to their children for several reasons, including gender discriminatory nationality laws, which do not allow the mother to pass on her nationality under the same conditions as the father. 52 In these instances, where the father is stateless, unknown or unwilling to cooperate, the child will be born stateless without any safeguard applying to them. Another reason is the application of the jus soli principle, where certain countries require children born abroad to reside in the country for a certain amount of time before their nationality is recognised. 29. In some cases, obtaining nationality through the process of declaration (nyilatkozat) can provide a solution. However, the restrictive application of the concept of ‘domicile’ means that parents will only be able to establish a domicile in Hungary if they have already obtained a permanent residence status, or if they are refugees or beneficiaries of subsidiary protection.53 These restrictive conditions mean that children in need of this safeguard are excluded and remain stateless. Children born to beneficiaries of international protection 30. Children born to beneficiaries of international protection in Hungary also risk being stateless at birth.54 Hungarian civil registry authorities are obliged to examine a newborn child’s nationality,55 and if the child’s nationality or statelessness is not proven, they will be registered as having ‘unknown nationality’.56 The rule assumes that parents will be able to obtain evidence about the child’s foreign nationality in due course, meaning unknown nationality will only be a temporary entry in the civil registry and the risk of statelessness eliminated. However, this disregards cases where it is not possible for parents to take the necessary steps to establish and register the nationality of their children after birth.57 Parents who are beneficiaries of international protection may have a well-founded reason for not contacting the authorities of their country of origin to establish and register the nationality of their children after birth. For example, such contact may expose them to a risk of persecution or serious harm and even lead to the cancellation of their protection status. Hungarian laws to prevent statelessness at birth do not sufficiently take into consideration the situation of children born to beneficiaries of international protection. 52 Nationality laws in 25 countries worldwide prevent women from passing their nationality to their children on an equal basis with men, including, Syria, Lebanon, Iran, Iraq and Somalia. For a list of countries with gender discriminatory nationality laws see https://equalnationalityrights.org/countries/global-overview. 53 See also paragraphs 25, 32 and 36. 54 Gábor Gyulai, Nationality Unknown? An Overview of the Safeguards and Gaps Related to the Prevention of Statelessness at Birth in Hungary, Hungarian Helsinki Committee, January 2014, p. 14: https://www.refworld.org/docid/5310640b4.html. 55 Law-Decree 17 of 1982 on Civil Registration, Marriage and Names, Section 13 (1); Act I of 2010 on Civil Registration Procedures (in force as of 1 July 2014), Section 16 (1). 56 Law-Decree 17 of 1982 on Civil Registration, Marriage and Names, Section 13 (4); Act I of 2010 on Civil Registration Procedures (in force as of 1 July 2014), Section 16 (4). 57 Gábor Gyulai, Nationality Unknown? An Overview of the Safeguards and Gaps Related to the Prevention of Statelessness at Birth in Hungary, Hungarian Helsinki Committee, January 2014, p.14: https://www.refworld.org/docid/5310640b4.html. 9