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Mothers get right to pass on citizenship

A Lankan mother can now pass on her national citizenship to her offspring a right hitherto reserved for the male spouse of whatever nationality.

The Citizenship (Amendment) Bill which was passed in Parliament on Wednesday seeks to recognise the right of a mother who is a Sri Lankan citizen to pass citizenship to her children irrespective of the nationality of the father.

Thus in terms of the new legislation the right of a mother to pass her citizenship to her child is now identical to the right of a father who is a Sri Lankan citizen.

Hitherto only a father could pass citizenship to his children. Thus where the mother was a Sri Lankan citizen but the father was not, the child had no right to Sri Lankan citizenship by right of descent. This anomaly has now been rectified by the new law.

This Bill recognizes children born after November 15, 1948 to have the right to Sri Lankan citizenship if only the mother was a Sri Lankan citizen.

The law will serve end much heartburn over custody battles in court between spouses.

Those who are over 22 years and have assumed citizenship of another country will be recognised as citizens upon application made to the Minister of Interior.

Such persons will have the option to obtain duel citizenship or may renounce citizenship of the other country and assume Sri Lankan citizenship. Existing provisions and conditions which govern the grant of duel citizenship will apply in this instance.

The other features of the new law are:

Children under 22 years who have already assumed citizenship of another country will be governed by the existing requirements of the Law with regard to the age by which choice of citizenship or the assumption of dual citizenship are required to be made.

Children who are under 22 years and have no other citizenship are not required to take any further steps to be recognised as citizens of Sri Lanka since such children assume that status by operation of the amended law.

Persons who wish to obtain a certificate of citizenship may make an application to the Controller of Immigration and Emigration. Such an application may be made by a parent on behalf of a minor and must be made on the form to the amended Bill. Upon being satisfied regarding the status of the applicant, the Controller is required to issue the certificate within 60 days.

Children born after the Bill come into operation, whether both parents are citizens of Sri Lanka or either parent is a citizen of Sri Lanka will have the same right to citizenship and will be governed by the same provisions of the law as in the case of children born to Sri Lankan fathers prior to the amendment.

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