The origin is that the process of transferring nationality to children is usually done through the father. The nationality imposed on the father is considered an original nationality that reflects on his children. If the father is an Iraqi, his son is an Iraqi, and so on in all Arab and foreign. As for the mother, she is unable to transfer the original nationality to the children on an equal basis with the father as a general rule, but there are humanitarian considerations that make it necessary for legislation to lay down texts that make it possible for the mother to transfer her nationality to the children, but in an exceptional way, and under certain conditions that must be met. It is clear from this that both the father and the mother will pass the nationality to the children, but in terms of the extent, the father will transfer the nationality in an absolute manner, i.e., Secondary blood, and this axis undoubtedly represents the dominant trend in legislation, in general, and Iraqi legislation in particular.

nationality, Iraqi legislation, international agreements, judiciary, mother’s nationality, blood right, territorial right.

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[4]Iraq law document
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[12]

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[35] Dr. Raad Miqdad Mahmoud, research entitled (The nationality of the children of the Iraqi mother), published in the magazine Tikrit University for Legal and Political Sciences, First Issue, First Year, 2009.

[36] Iraqi Gazette, Issue (4019), dated 7/3/2006 .

[37] European Convention on Nationality No. 166 of 1997 .

[38] International Convention on the Elimination of All Forms of Discrimination against Women 1979.

[39] Universal Declaration on the Elimination of Discrimination against Women of 1967.

[40] Treaty of Lausanne of July 24, 1923 between Turkey and the Allied Powers, and entered Entered into force on August 6, 1924 .

[41] The Permanent Iraqi Constitution of 2005.

[42] Ottoman Nationality Law of 1869.

[43] Iraqi Nationality Law No. 42 of 1924.

[44] Iraqi Nationality Law No. 43 of 1963 .

[45] Iraqi Nationality and Civil Information Law No. 46 of 1990.