Nepal Parliament Passes Historic Citizenship Amendment Ensuring Equal Parental Rights
The Federal Parliament has passed the Nepal Citizenship (Second Amendment) Bill, establishing equal lineage rights from both mother and father. The bill, endorsed by both houses of Parliament, will now be sent to the President for authentication. With this amendment, citizenship can now be obtained by citing either the mother’s or the father’s name, ensuring gender equality in citizenship rights.
Ten years after the promulgation of the Constitution, the amendment was introduced to address both legal and practical challenges in issuing citizenship. The government had registered the bill in the House of Representatives on Magh 15, 2081 (January 29, 2025), and it has now completed the full legislative process.
Although Article 12 of Nepal’s Constitution guarantees citizenship on the basis of lineage and gender identity, authorities had long refused to issue citizenship under the sole name of either parent, citing lack of legal clarity. The amendment now paves the way for local authorities to issue citizenship based on one parent’s identity.
Key provisions include:
- Citizenship can be obtained in the mother’s name if the father’s identity is absent.
- Children of parents where one had citizenship by birth and the other passed away or became untraceable before acquiring citizenship will be eligible for naturalized citizenship.
- Children of Nepali mothers married to foreigners, if they have not acquired foreign citizenship, can obtain citizenship under the mother’s name.
- Children born abroad during foreign employment or residence, even without father’s recognition, can receive Nepali citizenship under the mother’s name.
- If a father refuses to cooperate or is untraceable, citizenship can still be granted through the mother’s name.
The bill also introduces a provision for filing appeals within 35 days to the Home Secretary if applicants are dissatisfied with the decision of the issuing authority. The Secretary must then collect necessary documents within 30 days and issue a decision within the next 30 days.
Additionally, the amendment authorizes the issuance of child identity cards and maintains penalties for false declarations in the citizenship process.
Presenting the bill, Home Minister Ramesh Lekhak described the amendment as “historic,” emphasizing that equal parental rights in citizenship have now been secured and that long-standing practical challenges in citizenship distribution have been resolved.
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