A Comparative Study of The Possibility of Transferring Nationality from Mother to Child in Multinational Marriages (Laws of The United States and Some Middle Eastern Countries Such as Afghanistan and Iraq)

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of Law, University of Bojnord, Bojnord, Iran.

2 Associate Professor, Department of Law, University of Bojnord. Bojnord. Iran.

Abstract

Although nationality has been the focus of national and international institutions since the distant past, governments have not acted uniformly in determining the citizenship criteria of individuals, which sometimes results in statelessness and sometimes the realization of dual citizenship. One of the very important issues in this field is the issue of citizenship of children from multinational marriages, which is examined in the present research, with a descriptive, analytical and comparative method, while examining the existing laws, books, articles and other related scientific-legal sources. It has been examined to determine how the citizenship of children from multinational marriages is determined in the Middle East countries such as Iraq, Jordan, Egypt and Afghanistan; Do they all follow the same approach or not, and if there is a difference in the chosen method, which method is closer to the interest of the child and can be used in Iran's legal system. While a group of countries in the Middle East such as Jordan, Iraq and the United Arab Emirates, by applying traditional laws, except in exceptional cases, continue to transfer citizenship from father to child, as a result of which there is a high probability of children becoming stateless; Others such as Afghanistan and Egypt have recognized the transfer of nationality from mother and father equally to the child; and thus have taken an important step in the direction of protecting the right of the child to have citizenship from birth. The United States of America is also in the last group and has recognized the transfer of citizenship from both father and mother. Certainly, the latter method, by adding a series of restrictions and conditions to prevent the doubling of citizenship, can also be used by the Iranian legislator.

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References

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