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Article in national law

Introduction ius sanguinis a patre et matre 1983 Introduction ius sanguinis a patre et matre 1945/1918 (USSR)

ITA

1(1)(a) Article in national law

LAT

2(5); 3

LIT

8(1); 9

1945/1918 (USSR) 1987 1989

LUX MAL

1(1) 5(1), 5(2)

MOL NET NOR POL POR

11(1)(a) 3(1) 4(1) 11(1) 1(1)(a), 1(1)(b), 1(1)(c)

1985 1979 1951 1981

ROM SLK SLN

5 5(1)(a) 4(1), 4(2)

1948 1949 (CS) 1945 (YUG)

SPA SWE

17(1)(a) 1

1982 1979

SWI

1(1)(a), 1(1)(b)

1985/2006***

TUR UK

7 1(1)(a); 2; 3

1981 1983

Birthright Citizenship

Special requirements for persons born abroad?

Special requirements for persons born abroad?

if only one parent is a national: parents have to determine the citizenship of the child by mutual agreement

if parent is not born in Malta: registration (if certain residence conditions are fulfilled)

  • **

registration (unless parent works abroad in public service) if only one parent is a national: registration before age of 18 or declaration until the age of 36 (before 2002: 23); or permanent residence in Slovenia, with Slovenian parent, before age of 18 if only father is a national and child is born out of wedlock: by declaration

if parent is not born in UK (or if child otherwise stateless): registration within 1 year after birth of child (if certain conditions are fulfilled) (unless parent works abroad in public service)

  • *

    A child born out of wedlock only acquires Austrian citizenship if the mother is an Austrian citizen.

** Children of whom only one of the parents is a Polish citizen acquire Polish citizenship, unless the parents have agreed within three months after the child’s birth that the child acquires the citizenship of the other parent. *** Until 2006 Swiss citizenship was not attributed automatically to the child of a mother who had acquired Swiss citizenship by marriage.

Apart from the question of equal treatment between men and women, ius sanguinis provisions are also problematised due to the fact that the establishment of ‘descent’ is not always straightforward. Whereas some problematic ‘descent’ issues have been around as long as mankind, such as children born out of wedlock or from incestuous relationships, others have only recently become issues of citizenship law. In particular, medically assisted reproductive techniques force states to redefine the notion of descent and to determine the extent to which citizenship can be transmitted along ‘artificial’ blood lines.

All states provide, in principle, for the acquisition of their citizenship if the mother of a child possesses the citizenship of that state at the moment of child’s birth. Only in the case of a birth abroad do Belgium, Cyprus, Germany, Ireland, Malta, Portugal and the United Kingdom provide for an exception to this rule. Croatia, Latvia and Slovenia provide for an

RSCAS/EUDO-CIT-Comp. 2010/8 - © 2010 Authors

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