Legal Challenges of the Citizenship of the Child Born of the Marriage of an Iranian Woman and a Non-Iranian Man with Emphasis on the Amendment Regulation of 1398s

Document Type : Original/ Research Article

Authors
Fatemeh Faraji 1
Haniyeh Zakerinia 2
1 MSc. of Private Law, Shiraz University, Shiraz, Fars, Iran
2 Assistant Professor Department of Private and Islamic Law, Shiraz University, Shiraz, Fars, Iran
10.30497/flj.2023.244625.1919
Abstract
Granting citizenship through the Iranian legal system has challenges in relationship with citizenship of children born from the marriage of Iranian women to foreign men. In 1398, the act was approved to cover the shortcomings of the 1385’s act. This not only did not open the way but made the problem more complicated. One of the challenges is the sufficiency of Sharia marriage instead of permission from the government (Article 1060 of the Civil Code) for granting citizenship, which creates irreparable consequences, especially for Iranian women. Also, despite considering citizenship to be acquired, granting citizenship has been positive and has created a situation of dual citizenship. The present article, through a descriptive-analytical review, comes to the conclusion that although it is possible that granting citizenship to these children is a positive step to reduce their injuries and problems, and it opens the way for people without birth certificates who have dual identity; But due to lack of proper information and lack of transparency, there are many challenges in this field; Also, due to the existing secret and unplanned migrations, the issue faces security and political threats. The large volume of immigration to Iran has also turned the issue from normal to security and political. The process of issuing a birth certificate is faced with a considerable delay in the security institution's inquiry stage. Still, due to security issues, it is impossible to reduce decision-making institutions. Therefore, Iran should enter into this issue more consciously and actively, and turn threats into opportunities, and the approach to granting citizenship should not be unilateral.
Keywords
Acquired Citizenship"
Citizenship"
Foreign Father"
Inherent Citizenship"
Iranian Mother"
"
Maternal lineage"
Subjects
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Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 80
April 2024
Pages 179-207