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Birthright Citizenship

An interesting extension of gender equality can be found in Sweden where, since 2005, a child born to a foreign woman through artificial insemination also acquires Swedish citizenship if the partner of the same sex is Swedish. In other words, even though the Swedish same-sex partner is not the biological father, for citizenship purposes she is, as it were, treated as the ´father´ and the child therefore acquires citizenship iure sanguinis. The abolition in the Netherlands (2003) of the citizenship consequences of recognition of a child by the father is contrary to this trend. This unequal treatment of children of a Dutch father, depending on whether or not the family relationship already existed at the moment of birth or was only created later, implies a discriminatory attitude towards children born out of wedlock.

Table 2. Establishment of family relationship (A04)

FIN

11

FRA GER GRE HUN

26(1)(1), 26(1)(2) See A01 4(1), 4(4) 2 3(2)

CYP

114(1)

CZE

4

DEN

2

EST

See A01

ICE

2(2)

2(3)

IRE

See A01

ITA

2(1)

2(3)

LAT

See A01

LIT

See A01

LUX

1(1)

MAL

See A01

BEL

See A01

BUL

9

CRO

See A01

Article

AUT

7a

Procedure

Material conditions

Automatic

Legitimation*

Automatic

Automatic Automatic; Registration Automatic Automatic Automatic Automatic

Establishment of paternity** Establishment of paternity

Establishment of paternity

Legitimation Establishment of paternity Legitimation Establishment of paternity

Automatic

Establishment of paternity

Declaration

Automatic Automatic Automatic Automatic

Establishment of paternity Establishment of paternity Establishment of paternity Establishment of paternity

Declaration

Establishment of paternity

Automatic

Legitimation

Automatic; Registration

Establishment of paternity

Automatic

Establishment of paternity

Declaration

Automatic; Registration Automatic

Automatic

Automatic; Registration

Establishment of paternity Establishment of paternity Establishment of paternity Establishment of paternity

Additional requirement for acquisition of citizenship (unless otherwise stated for minors only) If TP is 14 years or older: consent required by TP and legal representative

TP born abroad and unmarried

TP is born abroad

TP is an adult or marries before the age of 18

TP is under 23 years of age TP born abroad. If born out of wedlock: satisfactory evidence concerning child and paternity. If TP 12 years or older: consent required

TP is an adult. Time limit: one year after establishment. Also applies to children from incestuous relationships

RP is a citizen of C1 at the time of establishment

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

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