Legal Challenges of Children's Citizenship of Iranian Women with Foreign Husbands
Subject Areas : child rights
1 - Assistant Professor of Imam Sadiq University (AS), Tehran, Iran
Keywords: Citizenship, Marriage, Iranian Mother, Foreign Father, Blood System, Stateless,
Abstract :
In civil law of Iran, the right of women to nationality is intertwined with their family rights and duties and family rights are preferred to the moral rights of them. According to the above law the citizenship of the Iranian mother did not affect the child's nationality and even if child is born of Iranian mother and foreign father on Iranian soil, this person is not considered Iranian. On the other hand, mother and father of many of these children are married without compliance of article 1060 of the Civil Code and some of men have no nationality and some of men have died or been missing, as a result, their children lack citizenship and identity. Considering the ineffectiveness of the law of determining the nationality of the children of Iranian women married to foreign men and the need to modify the existing rules, this article is written. This article is a library study method by analyzing existing laws and regulations. In this article , effect of the mother's role on granting citizenship is explained and checked the systems for determining the citizenship of individuals and families and suggested to these children are known Iranian and this problem can be resolved by the mother's request from the birth or by the child from the age of 18 years. It is essential for mother's support, her marriage will be recorded and citizenship rights are given to these children before granting citizenship.
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