Legal developments arising from the multi-national marriages in the light of development of dual nationality with an approach to Iranian Nationality Laws

Abstract

Today, more than ever, “multi-national marriages” are taking place, consequently many of the rules of citizenship have changed. Many countries have accepted the equality of citizenship for each party of marriage in a multi-national family and have orientated from “unity of nationality” to the “independence of nationality”. Therefore, each parent can pass her nationality through it, and most countries have recognized it. Dual nationality may be happening more than ever and countries according to their own interests, have attempted to recognize and allow dual nationality and this type of nationality is expanding. Although context of nationality from multi-nationality marriages exists in Iran, the Iranian legal system has been less affected by the global developments. The principle still is the “unity of nationality” and transmission of nationality is possible only through father's nationality; although transmission of nationality may be on the basis of a single article of 2006 (Madeh Vahedeh, 1385), that is not enough. Although the dual nationality exists virtually, the Iranian legal system has not allowed it officially. Given the global development, it is better that the Iranian legal system based on the interest of country, reform and be compatible with existing realities and make it statutory. It can also be according to the new population policy of Iran.