The opinion of the Court of Justice regarding the citizenship of children with foreign fathers – Mehr News Agency Iran and world’s news
According to Mehr news agency, following a complaint filed to cancel Note 1, Article 3 of the Bylaws on granting Iranian citizenship to children born from the marriage of Iranian women with foreign men who Based on It was stipulated: “In the case of marriages that take place after the publication of this regulation, only the registered marriage will be the criterion for confirming the citizenship of the children born from these marriages”, the general board of the Administrative Court of Justice heard this complaint and issued a decision to cancel the aforementioned regulation. did
Based on The above decision has been announced that according to the single article of the Law on Determination of the Citizenship of Children from the Marriage of Iranian Women with Foreign Men (amendment approved on 2/7/2018), the children from the Sharia marriage of Iranian women with non-Iranian men who before or after the approval of this The law is born or will be, before reaching the age of eighteen full solar years at the request of the Iranian mother and after reaching the age of eighteen full solar years and without the request of the Iranian mother at their own request and in compliance with the conditions mentioned in this law, including not having a security problem (as determined by the Ministry of Information and the Intelligence Organization of the Islamic Revolutionary Guard Corps) become Iranian citizens.
Despite the provision in the said law, Based on Note 1, Article 3 of the by-law on granting Iranian citizenship to the children of Iranian women married to foreign men, approved on 2/31/2019, it is stipulated that the verification of the marriages that took place from the date of entry into force of the law until the publication of this by-law in the official newspaper, is postponed to The submission of an official marriage certificate or a definitive ruling of the judicial authority confirming the occurrence of Sharia marriage and in the case of marriages that take place after the publication of this regulation, only the registered marriage will be the criterion for confirming the citizenship of the children born from these marriages, considering that first of all, the ruling of the law Determining the citizenship status of children resulting from the marriage of Iranian women with foreign men (amendment approved on 2/7/2018) implies the acceptance of citizenship of the children of the mentioned persons by observing other conditions both before and after the approval of this law, and secondly, Note 3, Article 1, of the Bylaws on Granting Citizenship Iran has separated the children from the marriage of Iranian women with foreign men, approved on 2/31/2019, in verifying the occurrence of marriage, without any legal reason between the marriages that took place from the effective date of the law until the publication of the by-laws and after the publication of the by-laws. recent only The registered marriage is the criterion for confirming the citizenship of the children, which is beyond the limits stipulated in the law, and thirdly, what the legislator intended is only to grant citizenship to the children of Sharia marriage with the prescribed conditions, and basically it means the negation of other legal conditions in The proof of marriage and the necessity of its registration is not in accordance with the prevailing laws, including the family protection law, therefore, Note 3, Article 1 of the By-Laws on Granting Iranian Citizenship to Children Resulting from the Marriage of Iranian Women with Foreign Men, approved on 2/31/1399, is against the law and foreign. It is within the scope of authority and it is revoked based on paragraph 1 of Article 12 and Article 88 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2013.
