Court name: European Court of Human Rights
State: Malta
Date of decision:

An applicant born to a British mother and Maltese father was denied Maltese citizenship on the basis that the domestic legislation was only applicable to children born out of wedlock, if their mother was Maltese. The Court held there were no reasonable grounds for the difference in treatment and found this to be a violation of Article 14 of the Convention in conjunction with Article 8.

Court name: Supreme Administrative Court
State: Poland
Date of decision:

The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.