Nationality and adopted children and those in similar situations
97. A child whose parentage is established by court order or by similar procedures
to adoption should acquire the nationality of the parent concerned, subject only to an
administrative procedure established by law. In the case of an adoption of a child
where the family relationship with the child‟s birth family is not completely replaced,
States should facilitate the child‟s acquisition of the nationality of the adoptive
parents. The Committee notes that there are many different traditions relating to
recognition and adoption of children within African States and that the specific
procedures applied in such situations may vary greatly; however, they should comply
with the requirements of Article 24 of the African Children‟s Charter. The basic
principle to be respected in these procedures that it is in the best interests of the
child to possess the nationality of the person(s) who is (are) primarily responsible for
his or her care, and to retain that nationality if it has been held for a reasonable
period, even if the adoptive relationship does not continue.
Nationality of a child in case of change of status of his or her parents
98. In several contexts, the nationality of a child may be impacted by a change in
status of his or her parents: in particular in case of marriage, divorce, or change of
nationality of a parent. In general, it is in the best interests of the child that, when his
or her parent acquires a new nationality through marriage, naturalization or similar
procedure, the child also acquires that nationality. However, where a parent loses or
is deprived of nationality, that loss or deprivation should not affect the child and in no
case may a child lose or deprived of his or her nationality if he or she would be left
stateless. In cases where a parent renounces his or her nationality, the State is
under a general obligation to ensure that the person obtains another nationality;
while a parent may also renounce nationality on behalf of a minor child (subject to
the principle that the older a child is, the greater extent his or her own views should
be heard and taken into account), the obligation of the State to ensure that another
nationality is acquired is particularly important to avoid statelessness for that child.
Article 6(4)
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