BIRTH REGISTRATION

Children and Nationality at Birth

A child does not need legal capacity to take an oath in order for U.S.A.R. law to confer nationality at birth. Where the statutory conditions for nationality of origin existed at the instant of birth, the legal status arises at that time under U.S.A.R. law. A parent or lawful guardian may later register the birth, request a Certificate of Nationality, apply for a Report of Birth Abroad or passport, correct a record, and take other lawful steps to protect the child’s national status.

No public monthly registry should disclose unnecessary personally identifying information concerning minor children. Public statistical reports should be separated from the confidential or restricted official nationality record.

Age Eighteen and Personal Nationality Acts

Nationality existing during childhood should be distinguished from a person’s own political act after attaining majority. At age eighteen, a person may exercise the nationality rights that U.S.A.R. law assigns to an adult, including where applicable proclaiming or affirming nationality, seeking repatriation, electing between conflicting nationality claims, renouncing nationality, seeking expatriation, challenging an administrative determination, and seeking judicial declaration of nationality.

Where nationality existed from birth, an adult proclamation ordinarily affirms the existing nationality rather than becoming the original source of it.

Proclamation of Nationality

A Proclamation of Moorish American Nationality is a formal assertion by the natural person concerning national status and allegiance. Its legal effect depends upon the person’s underlying status and the law invoked.

Where nationality was previously conferred at birth, proclamation may affirm an existing nationality.

Where the claimant seeks repatriation or restoration, proclamation may commence or support the repatriation proceeding.

Where the claimant seeks nationality for the first time after birth, proclamation may serve as a declaration of intention or part of an application where the governing law permits.

Proclamation alone does not exercise U.S.A.R.’s sovereign governmental power to confer nationality.

Dual Nationality and Conflict of Nationality

U.S.A.R. treats dual or multiple nationality as a conflict of nationality requiring legal analysis and, where U.S.A.R. law requires it, resolution. The existence of another nationality does not by itself establish that Moorish American Nationality silently disappeared, and the existence of Moorish American Nationality does not by itself erase a nationality that another State claims under its own law.

The nationality officer should determine which States claim the person; how each claimed nationality arose; whether the person was a minor when the competing nationality arose; whether another nationality was voluntarily acquired after majority; whether an oath of allegiance was given; whether a renunciation occurred; whether U.S.A.R. law requires an election; and whether a legally recognized expatriating act occurred.

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