Patrícia Jerónimo parents are entitled to extend their acquired Timorese citizenship to their underage children and that they only have to make a declaration to that effect to obtain the desired outcome. Article 9 of the Nationality Act adds the clarification that the children who acquire Timorese citizenship per their parents’ request are entitled to opt for another citizenship after becoming adults. A similar clarification is made by Article 8 (3) of the Nationality Regulation. Acquisition of citizenship based on adoption by Timorese citizen: Children119 adopted by a Timorese citizen acquire Timorese citizenship. It is necessary however that the adoption be a ‘full adoption’, i.e. that it extinguishes the previous ties between the child and his or her natural family, save for purposes of establishing marriage impediments (Article 10 of the Nationality Act). The acquisition is automatic upon adoption. Children adopted by Timorese citizens are entitled to Timorese citizenship. There is no need for a declaration, nor room for the Timorese authorities to oppose or deny the acquisition. This, which could be inferred from the wording of Article 10 (1) of the Nationality Act, is explicitly stated by Article 18 (2) of the Nationality Act, when it refers to the ‘acquisition by adoption per mere fact [sic] of the law’. The Nationality Regulation reiterates this idea that citizenship is acquired by mere effect of the law, but adds the term ‘assumption’, suggesting that the acquisition under Article 10 of the Nationality Act may be reversed by proof to the contrary. Article 10 of the Nationality Regulation reads: ‘It is assumed that individuals in whose birth registration is mentioned that they were fully adopted by a Timorese citizen have acquired Timorese citizenship, by mere effect of the law, provided that there is no later mention that, under the law, contradicts that assumption’. Per Article 18 (2) of the Nationality Act, the acquisition of Timorese citizenship based on adoption is exempted from mandatory registration at the Central Registry Office, which may be explained by the fact that the adoption is established by judicial decision [Article 1853 (1) of the Civil Code] and is therefore already part of the public record. Nevertheless, Article 22 of the Nationality Act prescribes that, if the adoptee is a foreign child born in Timor-Leste, the information regarding the Timorese citizenship of the adopter is added to the child’s birth registration with mention to the judicial decision which decreed the adoption. Also, Article 10 of the Nationality Registration refers to a mention in the birth registration of the fact that the individual was fully adopted by a Timorese citizen. Article 11 (1) of the Nationality Regulation specifies that the judicial petition for full adoption120 of a foreigner by a Timorese citizen must be accompanied by proof of the Timorese citizenship of the adopter and that a mention to this citizenship must be included in the decision which establishes the adoptive filiation as well as in its communication for inclusion in the birth registration. Acquisition of citizenship based on marriage to Timorese citizen: Per Article 11 (1) of the Nationality Act, foreigners married121 to Timorese citizens may acquire Timorese citizenship provided that they request it and that, at the time of the request, they meet three cumulative 119 Only individuals underage may be adopted. Per Article 1859 (2) of the Timorese Civil Code, the adoptee must be under 15 years of age at the time of the judicial petition for adoption, unless he or she has been entrusted to the adopter before the age of 15 or is the child of the adopter’s spouse, in which case the adoptee can be older than 15 (but younger than 17). 120 Or for conversion of a simple adoption (adopção restrita) into a full adoption, per Article 11 (3) of the Nationality Regulation. 121 There is, as yet, no equivalence between marriage and de facto unions in Timorese law. 30 RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author

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