Report on Citizenship Law: Iran
Article 988, the application of renunciation includes her as well60 . Dissolution of marriage
whether by death or divorce does not affect the acquired Iranian nationality 61 , however,
according to Article 986, the woman can revert to her former nationality, provided that she
inform the Ministry of Foreign Affairs of such a decision in writing. In circumstances where
the woman has children from her former husband, she is not allowed to exercise this right so
long as her children have not attained the full age of 1862. It is interesting to note that although
the law grants Iranian nationality to a foreign woman automatically after marriage, it does not
provide the same where a foreign national marries an Iranian woman. The law provides,
however, facilitated naturalisation for those who have Iranian wives by whom they have
children63.
3.6. Establishment of Paternity
Parentage is defined under Iranian law as the blood and legal relationship that connects the
wedded parents to the child. As Article 1158 of the Civil Code states, a child conceived during
a marriage will be linked to the mother’s husband on the condition that the child is born at least
six months and not longer than 10 months after the first intercourse64. This Article is based on
the principle of the ‘child of the marital bed’ which is called under Iranian law amareye farash
[sign of marriage].65 The legal presumption in this Article is based on four facts: (a) existence
of marriage, (b) the conception of the child by the incident of intercourse, (c) occurrence of the
intercourse and conception of the child after conclusion of marriage and (d) birth of the child
during a specified period after intercourse66.
3.6.1. Establishment of Parentage in Cases of Unregistered Marriage
As explained above, there is usually no question about parentage if parents are married and
their marriage is registered. The law assumes that the wife is the mother and the husband is the
father of the child and paternity is established automatically [Amareye Farash] 67 . Most
marriages are celebrated before a mullah or a religious leader. They must also be reported to
the Iranian National Organisation for Civil Registration where they are recorded and entered
on the identity cards of the partners.
Failing to register the marriage is punishable by imprisonment from three to six
months 68 . But non-compliance with this rule does not invalidate the marriage itself. In
60
ﻣﺣﻣد ﻧﺻﯾری، ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ،١٣٨٣، ۶٧ص. (Mohamad Nasiri, International Private Law, Tehran: Agah,
2004, page 67).
ﻣﺣﻣد ﻧﺻﯾری، ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ،١٣٨٣، ۶٧ص. (Mohamad Nasiri, International Private Law, Tehran: Agah
publication, 2004, page 67).
62
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 986.
63
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 980.
64
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 1058.
65
دوره ﺣﻘوق ﻣدﻧﯽ ﺧﺎﻧواده،١٣٩٣، ۵۵ ص،ﻧﺎﺻر ﮐﺎﺗوزﯾﺎن، ٢ ﺟﻠد. (Naser Katouzian, Civil Law Course: Family, Vol.2, 2014,
page 55).
66
دوره ﺣﻘوق ﻣدﻧﯽ ﺧﺎﻧواده،١٣٩٣، ٢۴ـ١۵ ص،ﻧﺎﺻر ﮐﺎﺗوزﯾﺎن، ٢ ﺟﻠد. (Naser Katouzian, Civil Law Course: Family,
Vol.2, 2014, pages15-24).
67
Civil Code of the Islamic Republic of Iran, 23 May 1928, Articles 1158 and 1159. See also:
دوره ﺣﻘوق ﻣدﻧﯽ ﺧﺎﻧواده،١٣٩٣، ۵۵ ص،ﻧﺎﺻر ﮐﺎﺗوزﯾﺎن، ٢ ﺟﻠد. (Naser Katouzian, Civil Law Course: Family, Vol.2,
2014, page 55).
68
The
2013 Iranian Family Protection Act, Art.49, available at https://www.refworld.org/cgibin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5565b5c84.
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