Nacido/encontrado en territorio – expósito/contra la apatridia

Escenarios de ejemplo

Los escenarios de ejemplo se muestran en inglés.

• eligible — Art 7(1) foundling rule; a child found on Montenegrin territory with unknown parents acquires Montenegrin citizenship.

  Art 7(1) (ME-PRIMARY-01:Art 7; ME-ASSERT-010): a child born or FOUND on the territory of Montenegro acquires citizenship if both parents are unknown, of unknown citizenship, or stateless, or if the child would otherwise be stateless. This is the only territorial-birth acquisition (Art 4(2)) — an anti-statelessness safeguard, consistent with the 1961 Convention's Art 2 foundling presumption (ME-ASSERT-014). Parents unknown → she acquires citizenship.

• eligible — Art 7(1); child born in Montenegro to stateless parents acquires citizenship.

  Art 7(1) (ME-ASSERT-010): where a child is born on Montenegrin territory and both parents are stateless, the child acquires Montenegrin citizenship (anti-statelessness safeguard). This addresses the well-known ex-Yugoslav Roma statelessness problem and aligns with the 1954 Convention (succession 23 Oct 2006) and 1961 Convention (accession 5 Dec 2013) obligations (ME-ASSERT-073/074). Stateless parents → he acquires citizenship to avoid statelessness.

• conditional (defeasible) — under Art 7(2)-(3) his foundling citizenship MAY be withdrawn on both parents' request, but only if he is not left stateless.

  Art 7(2)-(3) (ME-ASSERT-012/013): a child who acquired citizenship under the Art 7(1) foundling rule MAY lose it if, before age 18, it is established that both parents are citizens of another state OR the child acquired another citizenship. The loss is REQUEST-based (on both parents' request), not ex-lege, effective on delivery of the decision, and a child older than 14 must consent. It is subject to the overarching anti-statelessness safeguard — if he cannot actually obtain Serbian citizenship, the Montenegrin one is not withdrawn. Here both parents are Serbian citizens, so the conditions for a possible (but not automatic) withdrawal are met.