X hits on this document

119 views

0 shares

0 downloads

0 comments

17 / 40

Maarten Peter Vink and Gerard-René de Groot

SWI TUR

1(2) 7(3)

Automatic Automatic

Establishment of paternity Establishment of paternity

UK

50 (9A)

Automatic

Establishment of paternity

NOR

See A01

POL

See A01

POR

14

ROM

See A01

SLK

See A01

Procedure

Automatic

Automatic

Declaration

Automatic Automatic Automatic Automatic Automatic Automatic; Declaration

Automatic

Declaration

Automatic

Declaration

Material conditions

Establishment of paternity Establishment of paternity

TP is recognized by a citizen of C1 who has raised and cared for TP for 3 years Establishment of paternity Establishment of paternity Establishment of paternity Establishment of paternity Establishment of paternity

Establishment of paternity

Establishment of paternity

Establishment of paternity

SLN

See A01

SPA

See A01

17(2)

Additional requirement for acquisition of citizenship (unless otherwise stated for minors only)

If recognized TP is 7 years or older DNA proof of the paternity is required

TP born abroad. If TP 12 years or older: consent required

Article

MOL

See A01

NET

4;

6(1)(c)

SWE

See A01

5

If TP 15 or older: consent required

TP is an adult. Time limit declaration: two years after establishment. Renunciation of prior citizenship, except for citizens of C2

*Legitimation: father is citizen of C1 and marries with mother of target person **Establishment of paternity: establishment of family relationship by recognition, legitimation, court order or similar procedures (see also ECN 6(1)(a)).

On a more general note, whereas all states, as discussed above, assume that the husband of the mother is the father of the child, unless additional evidence proves contrary, the situation is different if the parents are not married to each other. The European Convention expressly allows for a procedure in respect of acquisition iure sanguinis regarding children born out of wedlock (ECN 6). If the family relationship between a child born out of wedlock and her or his father is established by recognition, legitimation or a judicial decision, this does not necessarily have as an ex lege legal consequence the acquisition of the father’s citizenship. A state may provide that the child has to follow certain procedural steps before she or he acquires or can acquire the citizenship of the father. However, the European Convention does not allow that a state provides for substantive requirements (e.g. the proof of the biological validity of a recognition).

Nevertheless, most countries provide that children born out of wedlock acquire the citizenship of their father ex lege if a family relationship exists between him and the child (see, for example, explicitly in GER 4(1), GRE 2, HUN 3(2), ITA 2, LUX 1(1), POR 14, TUR 7(3) and implicitly in several other countries). Almost all countries require that the family relationship in that case must be determined before the child reaches the age of majority. Germany is exceptional in this case as the family relationship must be established before the age of 23 (GER 4(1)).

14

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

Document info
Document views119
Page views119
Page last viewedSun Dec 11 08:49:02 UTC 2016
Pages40
Paragraphs1201
Words18905

Comments