LawState and Law

How is the child's nationality established?

Citizenship is nothing more than a stable legal relationship between a person and a particular country. It is expressed in the mutual corresponding rights and duties, as well as in responsibility. By what rules is established and on what does the nationality of the child depend? The answer is provided below.

The principle of the right of blood

Often the citizenship of the child is in direct connection with the citizenship of his parents. This is the meaning of the principle of the law of blood. So, in the event that both parents of the child (or one, if he is the only one) are Russian citizens, then a legal relationship is established between their child and the same state.

This method is the most common. What if one of the parents is declared missing or does not belong to any state at all, is a stateless person, but the second one is a citizen of Russia? In such situations, the principle of the right of blood also operates. The nationality of the child is established as Russian. The right of blood can be a guarantee that the born child will not become stateless. It also acts in cases when one of the parents is a foreigner, and the second has Russian citizenship, and if another state does not take the child under their care.

The principle of the right of the soil

There are also cases when the citizenship of the child directly depends on the place of his birth. That is, in some situations primacy is given to the right of soil, not blood. For example, if the parents of the child are foreigners, but their child was born on the territory of Russia, then it can obtain the citizenship of this country. The right of soil is also present if the father and mother of the child are not known, and six months have passed since his birth. At the end of six months, such a child becomes a Russian citizen. There are also some problem points. How to solve the problem, if one of the parents is a foreigner, and the second is a Russian citizen? Initially, in such matters, the place of birth is taken into account. The citizenship of children is unconditionally established as Russian, if they were born within the state. If children do not have the right of soil, then the principle of blood described above becomes effective.

Judging by the provisions of Article 12 of the Law "On Citizenship of the Russian Federation", it can be assumed that Russia seeks to avoid cases of statelessness.

Additional aspects

Change the citizenship of the child is possible only with the consent of his parents. In this case, if the negligent father or mother - or both - are deprived of the rights to the child, their opinion on this matter does not matter. If citizenship is acquired or is terminated by a child between the ages of 14 and 18, then his personal consent is already required. At this age a person can already fully understand the significance of his actions and actions, therefore he is given such a right. It should also be noted that it is impossible to renounce Russian citizenship if, as a result of this procedure, an individual becomes an apartheid, or a stateless person .

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