جستجوی مقالات مرتبط با کلیدواژه « Foreign Father » در نشریات گروه « فقه و حقوق »

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 2018, an article was approved to cover the shortcomings of the law on determining the citizenship of children born from Iranian women to foreign men approved in 2006. 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 this fact that the citizenship to be acquired, granting citizenship has been positive and has created a situation of dual citizenship. The present article, through a descriptive-analytical study, is concluded that although it is possible that granting citizenship to these children is a positive step to reduce their injuries and problems, and it is good 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 this issue more consciously and actively, and turn threats into opportunities, and the approach to granting citizenship should not be unilateral.

Iran's law on the Nationality of Iranian-born mothers has undergone some changes. By reviewing the process of amending the rules in this area we can get: The legislator has faced the dilemmaof the preference for "macroeconomic and governance interests" and "people's interests."So that in dealing with the issue of the Nationality of Iranian-born mothers, they first consider the absolute interests of their sovereignty, but due to the problems caused by this absolute and dogmatic approach by the legislator and even the government itself, it is considering paying attention to the interests of the people and the use of The legal and analytical method to deal with the issue of Nationality of these individuals. In this research, the weaknesses and strengths of various developments and efforts of the legislator and the government are explained and described. The results of this study indicate that both the initial dogmatic approach and the recent analytical efforts are facing extremism.

In civil law of Iran, the right of women to nationality is intertwined with their family rights and duties and family rights are preferred to the moral rights of them. According to the above law the citizenship of the Iranian mother did not affect the child's nationality and even if child is born of Iranian mother and foreign father on Iranian soil, this person is not considered Iranian.
On the other hand, mother and father of many of these children are married without compliance of article 1060 of the Civil Code and some of men have no nationality and some of men have died or been missing, as a result, their children lack citizenship and identity.
Considering the ineffectiveness of the law of determining the nationality of the children of Iranian women married to foreign men and the need to modify the existing rules, this article is written. This article is a library study method by analyzing existing laws and regulations.
In this article , effect of the mother's role on granting citizenship is explained and checked the systems for determining the citizenship of individuals and families and suggested to these children are known Iranian and this problem can be resolved by the mother's request from the birth or by the child from the age of 18 years.
It is essential for mother's support, her marriage will be recorded and citizenship rights are given to these children before granting citizenship.