Reflection about the Situation of Children from Marriage of Foreign Men and Iranian Women with regard to 1989 Convention on the Rights of Child

The convention on the right of child 1989 emphasizes in identity and nationality right of children and Iranian government with adhesion to this convention has also recognized this right. In the past years the marriage of many foreign nationals with Iranian women faced our community with the phenomenon of orphans and without certificates of birth and identity papers persons. These children in legal view are nationals of their father’s country, but they live in Iran as the real stateless persons. To solve this problem, the legislature adopted an act in 1385 entitled “the law to determine the nationality of children from marriage of married Iranian women with foreign men”.To solve this problem, different solutions can be provided. But it seems that the principal solution depends on legislature to crest some changing in civil law and preserve the nationality of Iranian women in case of marriage with foreign nationals. This solution is compatible with principles 41 and 42 of the Constitution. The recent research with regard to convention on the right of child aims to examine the identity right and the legal status of these children and propose certain solution to prevent this phenomenon.