Birth — Foundling / statelessness

Escenarios de ejemplo

• Greek nationality acquired automatically (αυτοδίκαια) at birth under Art 1§2(β); registered via declaratory determination, no fee, no test.

  Code Art 1§2(β): a child born on Greek territory who does not acquire any foreign nationality at birth and cannot acquire one even by the parents' declaration is Greek from birth — the core anti-statelessness limb, underpinned by Greece's 1954 Convention party status (accession 1975, L.139/1975). [GR-EV-018, GR-EV-003]

• Greek nationality acquired automatically at birth under Art 1§2(γ) (foundling/unknown-nationality safeguard).

  Code Art 1§2(γ): a child born in Greece of unknown nationality is Greek, unless the impossibility of establishing a foreign nationality is due to a parent's refusal to cooperate. With no known parent and genuine unascertainability, the carve-out does not apply and the foundling safeguard operates. [GR-EV-018]

• NO Greek nationality under Art 1§2 — the child acquires a foreign nationality at birth, so neither the §2(β) nor §2(γ) limb is satisfied; the §2(α) limb is unavailable (no parent born in Greece).

  Art 1§2 is NOT general jus soli (ΣτΕ Ολ 460/2013 confirms formal soil criteria cannot alone confer nationality). Because Country X passes its nationality at birth, the would-be-stateless premise fails. The family's route to Greek nationality would lie, if at all, in later schooling-based Art 1A/1B (GR-BTH-01/02) or naturalisation. [GR-EV-018, GR-EV-025]

• NO Greek nationality under Art 1§2(γ) (and §2(β) is not met because acquisition WAS possible) — the safeguard is disabled by the parent's refusal to cooperate.

  Art 1§2(γ) expressly excludes the case where the impossibility of ascertaining/acquiring a foreign nationality is due to a parent's refusal to cooperate; §2(β) also fails because the child could acquire the foreign nationality by parental declaration. The anti-abuse design prevents engineered statelessness. [GR-EV-018]

• Greek nationality acquired automatically at birth under Art 1§2(α) (conditional jus soli for Greece-rooted parent), on strict proof of the parent's Greek birth and uninterrupted residence since birth.

  Code Art 1§2(α): birth in Greece where one parent was born in Greece and has resided permanently in the country since that parent's own birth. Read strictly (Conservative tier) — continuity of the parent's residence from birth must be documented; this surviving automatic limb is distinct from the struck L.3838/2010 declaration jus-soli. No on-point ΣτΕ case located (carried honestly). [GR-EV-018]