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Costa Rica high court rules child born in US can receive nationality based on DNA without birth certificate

ICR NEWS BRIEF

August 18th, 2015 (ICR News) Costa Rica’s Constitutional Court (Sala IV) has determined that a child born in the United States, but whose US-issued birth certificate was apparently lost, can receive Costa Rican nationality based on a DNA test.

 

According to a complaint filed by the child’s Costa Rican father, the child’s birth certificate was lost and he is unable to obtain a new one because he is no longer allowed to enter the United States after having been deported.

 

The Court ruled that under Article 13 of the Constitution, the child must be considered Costa Rican regardless of where it was born under the power of ius sanguinis (right of blood) and without the need for a birth certificate.

 

As a result of the ruling, the Supreme Electoral Tribunal (TSE) and the National Registry must recognize the child as a Costa Rican citizen after a DNA blood test determines that the man is indeed the child’s father.

 

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