Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
46
Full recommendation:
The Committee strongly urges the State party to review the provisions of the Act on
Determination of the Nationality of Children Born into Marriages of Iranian Women with Men of
Foreign Nationality amending the Civil Code, and to ensure that all children who are born to
Iranian mothers, including children born out of wedlock, are entitled to Iranian citizenship on
the same conditions as children born to Iranian fathers. The Committee also recommends that
the State party provide information on the number of children born to Iranian mothers who have
been naturalised, in its next periodic report.
Assessment using Impact Iran indicators1
A. Ensure that all children who are born to Iranian mothers, including children born
out of wedlock, are entitled to Iranian citizenship on the same conditions as children
born to Iranian fathers
Considering that illegitimate relationships (in which couples experience intimacy and are not
married), are criminalised in Iran, children born out of wedlock are subjected to discriminatory
measures. According to Article 884 of the Civil Code, children born out of wedlock are not
entitled to inheritance. Seemingly in contradiction of Article 884, Article 1168 of the Civil Code,
which discusses maintenance cost and mandates that both parents are duty-bound to maintain
their children, forgoes any mention of children born out of wedlock.
Children of illegitimate relationships are, according to the director of Iran’s Civil Registration
Agency, entitled to receive a birth certificate, pending approval of the courts, which enables
them to have access to services such as healthcare, education and social assistance.2 Despite this,
in practice, birth certificates that are issued to children born out of wedlock leave out the name of
the father or include a fictional name, which immediately identifies the child as illegitimate, thus
enabling discrimination.
The Iranian government passed a new law in 2020 that would allow for the granting of
citizenship to children born of an Iranian mother and a foreign father.3 The law, aptly named
“Granting Citizenship to Children Resulting from Marriage Between Iranian Women and NonIranian Men” was finally sent for implementation to the relevant agencies by the Vice-President
1
CRC.8.1.S.1;
CRC.8.1.O.2
2 Radio Zamaneh (in Persian): https://www.radiozamaneh.com/538085
3
Radio Farda: https://en.radiofarda.com/a/children-with-iranian-mothers-foreign-fathers-to-receive-citizenship-/30652718.html

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