Law 15/2006 Of 27 October, Qualified For The Modification Of The Qualified Law Of Nationality, Of 5 October 1995

Original Language Title: Llei 15/2006, del 27 d'octubre, qualificada de modificació de la Llei qualificada de la nacionalitat, de 5 d'octubre de 1995

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Law 15/2006 of 27 October, qualified for the modification of the qualified law of nationality, of 5 October 1995 since the General Council in its session of October 27th, 2006 has approved the following: law 15/2006 of 27 October, qualified for the modification of the qualified law of nationality, of 5 October 1995 exhibition of illustrations and the qualified law of nationality , of 5 October 1995, opened the possibility to acquire Andorran nationality to the child adopted in full adoption by a person of Andorran nationality, taking into account a whole series of conditions.

Subsequently, the law amending the law of the nationality, of 27 May 2004, was to equate the situation of adopted children of foreigners resident in Andorra with the biological children, with regard to the possibility to acquire Andorran nationality and the time to confirm it, if it were the case, taking into account a whole series of conditions.

In application of these two laws, the adopted children born abroad, both of Andorran parents and foreign parents resident in Andorra, can be purchased Andorran nationality, if so requested.

On the other hand, article 24 of the law on adoption and other forms of protection of the less helpless, of 21 March 1996, he says, among others, that the adoption implies the extinction of the legal links between the adopted and his family of origin, and gives the child a filiation which replaces the original affiliation. Also points out that the adopted enjoys the same rights and the same obligations as a legitimate child in the family adopted.

On the basis of these considerations and in order to make the most of the rights of biological children and adopted, both born in Andorra or Andorran father or mother born abroad if you reside in Andorra, as a father or mother for foreign citizens resident in Andorra, with the modification of the law will recognize in the child adopted is found in one of these situations the attribution or acquisition of nationality from the moment in what is effectively the adoption.

Finally, with the modification of the writing of the article 9 establishes the possibility to acquire Andorran nationality to a person born abroad, adopted daughter of Andorran father or mother also born abroad and non-residents in Andorra.

Article 1 amendment to article 2 modifies article 2 of the qualified law of nationality dated 5 October 1995, which is worded as follows: "Article 2 is Andorra the child born abroad, if at least one of the parents is Andorran and born in the Principality of Andorra.

The child is adopted in full the Andorran adoption by a person of Andorran nationality, born in the Principality of Andorra. The Andorran nationality according to the provisions of this section is effective from the moment in which it is adoption, which must be declared before the child has fourteen years of age and in Andorran law enforcement or a foreign law that does not counter the legal system of the Principality of Andorra.

The establishment of the Andorran nationality subsequent to the birth does not suppose the invalidation of the acts previously made by the child adopted, nor of the rights acquired by third parties also previously on the basis of the nationality of the child. "

Article 2 article 7 modification modifies the article 7 of the qualified law of nationality, of 5 October 1995, which is worded as follows: "Article 7 no one can acquire or recover the Andorran nationality in application of articles 9, 10, 11, 12 and 26 if, previously, has not established his primary residence and permanent in the Principality of Andorra and if , within the period foreseen in article 28, has not been shown to have lost or nationalities that had previously. "

Article 3 amendment to article 8 modifies the article 8 of the qualified law of nationality, of 5 October 1995, amended by law 10/2004, of 27 May, qualified for the modification of the qualified law of nationality, which is worded as follows: "Article 8 1. Acquire Andorran nationality the child adopted in full adoption by a person of Andorran nationality born abroad and resident in the Principality of Andorra, if they meet the requirements stipulated in paragraph 3 of the present article.

2. Acquire Andorran nationality the child adopted in full adoption by a person of foreign nationality who have their primary residence and permanent in the Principality of Andorra to the date of adoption and has held during the ten years that have preceded the adoption, if they meet the requirements laid down in paragraph 3 of the present article. If the duration of ten years has not been fulfilled on the day of the request, the Andorran nationality is granted to working title; in such a case, the nationality has been confirmed, in the conditions of capacity envisaged in article 34, before the child reaches the age of majority, or within the next year to the majority or to comply with the period of ten years, by the interested party.

The confirmation may not take place until the person adopting can demonstrate a period of primary residence and permanent in the Principality of Andorra of ten years, or, if this is the case, to which the interested party can demonstrate that he has resided himself for permanent and in the Principality of Andorra during the mentioned period, without interruption the last five years. The lack of confirmation in the conditions of this section involves the loss of the Andorran nationality acquired a working title for the provisions of this article.

3. The acquisition of Andorran nationality by adoption requires that the adoption has been legally declared before the child has fourteen years of age and I have been in law enforcement in Andorra or of a foreign law which does not violates the legal system of the Principality of Andorra.

4. The acquisition of Andorran nationality according to the provisions of this article is effective from the time it is taking. "

Article 4 modification of article 9 modifies the section 1. of article 9 of the qualified law of nationality, of 5 October 1995, amended by law 10/2004, of 27 May, qualified for the modification of the qualified law of nationality, which is worded as follows: "1. The person born abroad, biological or adopted daughter of Andorran father or mother also born abroad who do not reside in the Principality of Andorra."

Article 5 amendment of article 16


Modifies the article 16 of the qualified law of nationality, of 5 October 1995, which is worded as follows: "Article 16 without prejudice to the cases provided for in articles 4, 5, 6 and 8.2, the Andorran nationality can be lost in the conditions set out in this title."

Article 6 amendment of article 28 modifies the section 1. of article 28 of the qualified law of nationality, of 5 October 1995, amended by law 10/2004, of 27 May, qualified for the modification of the qualified law of nationality, which is worded as follows: "1. To acquire Andorran nationality by virtue of articles 9, 10, 11 and 12, and to recover it in application of article 26 It is necessary to establish and submit to the Government a dossier in which must include the items mentioned in the following articles. "

Article 7 Amendment of article 29 paragraph 2 is modified. of article 29 of the qualified law of nationality, of 5 October 1995, amended by law 10/2004, of 27 May, qualified for the modification of the qualified law of nationality, which is worded as follows: "2. Includes in addition: a) in the case of article 9, the birth certificate and the supporting documentation of the Andorran nationality According to the case, one of the parents or one of the grandparents of the person concerned and, if applicable, the supporting documentation the adoption, understanding the administrative and jurisdictional acts that contain.

b) in the case of article 10, the supporting documentation of the Andorran nationality of the spouse and the civil marriage certificate of State pick by virtue of which calls for the acquisition.

c) in the case of article 11.2, certificate issued by the Ministry responsible for education, certifying that the applicant has entirely the compulsory schooling, except of the courses that are not taught in Andorra, in schools in the Principality that integrate into your school curriculum all subjects specific to Andorran training. This certificate replaces the plan to the letter d) of paragraph 1, precedent.

d) in the case of article 12, if this is the case, the supporting documentation the adoption, understanding the administrative and jurisdictional acts that contain, as well as the birth certificate of the person adopting or of one of the adoptive parents and the documents proving the nationality of this person.

e) in the case of article 26, the documentation that establishes the Andorran nationality of the person concerned. "

Article 8 Amendment of article 32 article 32 of the law modifies the qualified the nationality, of 5 October 1995, which is worded as follows: "Article 32 1. It is not required the presentation of a dossier on people born in the Principality of Andorra Andorran father or mother mentioned in article 1.

2. For people who are in the situation provided for in articles 2, 3, 4, 5, 6, 8 and 35, will require the submission of a simplified, in the conditions set in article 33. "

Article 9 Addiction two-letter in article 33 are added two letters in the section 2. of article 33 of the qualified law of nationality, of 5 October 1995, with the following wording: "f) in the case of the article 8.1, the supporting documentation the adoption, understanding the administrative and jurisdictional acts that contain, as well as the documents that prove the Andorran nationality and residence in Andorra of the person adopting.

g) in the case of article 8.2, the supporting documentation the adoption, understanding the administrative and jurisdictional acts that contain, and the certificate of entry in the central register of immigration of the person adopting or of one of the adoptive parents, delivered by the Immigration Service of the Government, in which they appropriated the date from which he has his principal residence and permanent in the Principality of Andorra. "

Article 10 Amendment of article 35 article 35 of the law modifies the qualified the nationality, of 5 October 1995, amended by law 10/2004, of 27 May, qualified for the modification of the qualified law of nationality, which is worded as follows: "Article 35 1. For the purposes of the present Law are considered born in the Principality of Andorra are children who have born accidentally abroad, if they are in any of the situations provided for in sections 2 and 3 and on condition that it complies with the requirement of section 4.

2. It is considered born accidentally abroad the child who is born in any of the circumstances mentioned below, provided that the mother has been preserved continuously their legal residence in Andorra, and who have not spent more than six months from the date of departure and the date of birth. Are circumstances that allow you to qualify the birth out of Andorra from accidental: a) the mother has moved to a foreign medical center with the purpose of being assisted in childbirth there, or that it occurred while he was in hospital for any reason b) that the mother has been transferred to the home of family members, with the purpose of receiving assistance during childbirth or the time immediately prior or subsequent to this c) that the part has been produced in the course of a move the effected due to personal reasons, professional or leisure) other similar nature.

3. It is considered also born accidentally abroad the infant son of father or mother of Andorran nationality that resides abroad in the exercise of a public function on behalf of the Andorran State.

4. This article can only be relied on to enforce the provisions that are contained in the period of one year counting from the birth. After this period, the person can't do are mentioned-the cost for the Andorran nationality, without prejudice to that you can purchase or order the recognition by application of other provisions of the present law. "

Article 11 Delegation is delegated to the Government for a period of three months from the entry into force of the present law, published in the official bulletin of the Principality of Andorra on the revised text of the dispositive part of the qualified law of nationality, of 5 October 1995, including all changes made so far.

Final provision. Entry into force This law of modification of the qualified law of nationality, of 5 October 1995, will enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, October 27, 2006 Joan Gabriel i Estany Syndic General


We the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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