Ad Hoc Committee on Statelessness and Related Problems, Denmark: Proposal for a Draft Convention Which Would Contain Certain Provisions in Order to Eliminate the Creation of Statelessness

E/AC.32/L.37

Article 1

In so far as the law of a State provides that the legitimate child of a father, possessing the nationality of that State, by birth acquires the nationality of the father, regardless of where the child was born, the illegitimate child of a mother, possessing the nationality of that State, shall by birth acquire the nationality of the mother.

Article 2

(i) Where the nationality of a State is not acquired automatically by reason of birth on its territory, a child born on the territory of that State of a mother possessing the nationality of that State and of a father without nationality, shall acquire the nationality of that State by birth.

(ii) The provision of paragraph (i) of this article shall also apply in cases where the father is in possession of a nationality which his children born abroad do not acquire by birth.

Article 3

(i) Where the nationality of a State is not acquired automatically by reason of birth on its territory, a child born on the territory of that State of parents having no nationality shall acquire the nationality of that State either by birth or at least after years of residence in that State.

(ii) The provisions of paragraph (i) of this article shall also apply in cases where the parents are in possession of a nationality which, however, their children born abroad do not acquire by birth.

Article 4

A wife shall not lose her nationality on marriage with a foreigner unless by such marriage she acquires a new nationality.

Article 5

A wife shall not lose her nationality upon a change in the nationality of her husband occurring during marriage unless she herself, by such change, acquires a new nationality.

Article 6

A wife shall not lose her nationality acquired on or during marriage by the mere fact of dissolution of her marriage.

Article 7

A child born out of wedlock shall not lose its nationality on legitimation or recognition unless it, by such legitimation or recognition, acquires a new nationality.

Article 8

A child shall not lose its nationality as a result of adoption unless, by such adoption, it acquires a new nationality.

Article 9

A person who wishes to be released from his present nationality in order to acquire another nationality shall be released only on the condition that he acquires such nationality.

Article 10

No person shall lose his nationality as a result of territorial settlements unless he acquires another nationality.