In Judgment No. 12/2026 of 22 January 2026, the Belgian Constitutional Court held that certain provisions of Article 11bis of the Belgian Nationality Code concerning the attribution of Belgian nationality to children born in Belgium are contrary to Articles 10 and 11 of the Belgian Constitution.
This important judgment calls into question residence requirements that are frequently relied upon to refuse nationality declarations filed on behalf of minor children.
The legal framework at issue
Article 11bis of the Belgian Nationality Code allows, in certain situations, Belgian nationality to be granted to a child born in Belgium where the parents meet specific residence conditions.
The contested provision required in particular that both parents must have had their main residence in Belgium during the ten years preceding the declaration, while providing for certain exceptions where one of the parents no longer has their main residence in Belgium.
Facts giving rise to the case
Two parents of Moroccan nationality, whose three children were born in Belgium and have lived there since birth, filed Belgian nationality declarations in December 2022 on the basis of Article 11bis.
The Public Prosecutor issued a negative opinion on the ground that the father, who was staying irregularly, did not meet the condition of having his main residence in Belgium during the ten years preceding the declaration.
The first-instance courts dismissed the applications, after which the Antwerp Court of Appeal referred preliminary questions to the Constitutional Court.
The Constitutional Court’s position
The Court found two differences in treatment contrary to the principle of equality and non-discrimination.
First, it held that it is discriminatory to require a ten-year residence condition for both parents, while the law accepts, in certain situations, that this condition may be met by only one parent.
Second, the Court censured the distinction drawn between:
- a parent who no longer has their main residence in Belgium but had it in the past, and
- a parent who has never had their main residence in Belgium.
According to the Court, this distinction is not relevant in light of the objective pursued by the legislature, namely ensuring that the child has a sufficiently close link with Belgian society.
The ruling
The Court held that:
- Article 11bis, § 1, b) of the Belgian Nationality Code violates Articles 10 and 11 of the Constitution insofar as it imposes an inconsistent residence requirement on both parents; and
- Article 11bis, § 2, second paragraph, d) also violates these constitutional provisions insofar as it excludes any similar possibility where one of the parents has never had their main residence in Belgium.
Practical implications
This judgment constitutes a major development regarding Belgian nationality for children born in Belgium.
It reinforces the need for a coherent and non-discriminatory assessment of parents’ residence conditions and limits automatic refusals based solely on one parent’s administrative status.
It also opens the way to:
- appeals against refusals based on Article 11bis,
- reviews of pending cases or recently rejected files, and
- an approach more consistent with the child’s best interests and the principle of equality.
Céline Verbrouck
Attorney at the Brussels Bar
Specialized in Immigration Law, Nationality Law, and International Family Law
www.altea.be
+32 2 894 45 70