Marriage of foreign nationals with Iranian natives
According to Iran’s civil law, the marriage of an Iranian woman with a foreign emigrant depends on the special permission of the Iranian government. The issuance of permission to marry an Iranian woman with a foreign national has been delegated to the Ministry of the Interior of the Islamic Republic of Iran. In practice, this means that Iranian women must have the right to marry non-Iranian Muslims. Iran’s civil law prohibits Muslim women from marrying non-Muslim men. About 70,000 marriages between Iranian women and Afghan men have not been registered with the National Civil Registration Organization. Meanwhile, the Interior Ministry of Iran has announced that all marriages between Iranian women and Afghan men after 2001 have been illegal. In contrast, Iranian men can marry Muslim women or non-Muslim women or Iranian or non-Iranian women to marry a foreigner in Iran without permission from the Ministry of the Interior.
Iranian women living abroad may want to marry foreign men. But without permission to register the union, their marriage will not be accepted by Iran’s law. The marriage of foreign nationals to Iranian natives is subject to the conditions to be mentioned.
If you would like to receive information about the conditions for marriage of foreign nationals with Iranian citizens, this article is being prepared by senior attorney-at-law, International Law and Justice Institution, Talieh Edalat and Mehr Parsian, Which will answer your questions about the marriage of foreign citizens to Iranian nationals, the status of children born of foreign marriages in Iran, the marriage of Iranian women to foreigners in Iran.
Questions about the marriage of foreigners with Iranian citizens
- What are the conditions for marriage of foreigners with Iranian nationals in Iran? Are there any restrictions on the marriage of Iranian nationals with foreign nationals abroad? The marriage of foreigners to Iranian nationals is subject to uniform conditions for men and women?
- Is it possible to register the marriage of foreign nationals with Iranian nationals who are carried out outside of Iran?
- What are the legal effects of marriage of foreign nationals with Iranian citizens?
- With the marriage of foreign nationals with Iranian citizens, Iranian citizenship is given to a non-Iranian wife?
- What is the family lawyer for marriage counseling with foreign nationals?
Conditions of marriage of foreigners with Iranian citizens
For the marriage of foreign nationals with Iranian nationals, there is a major difference in sex. The marriage of a foreign man to an Iranian woman in Iran involves accepting a couple in the religion of Islam and obtaining a special permit from the Iranian government. The permission to marry an Iranian woman with a foreign man is issued by the Iranian Interior Ministry and no marriage contractor, without this special permission, has the right to file a foreigner’s marriage with Iranian nationals in these cases. But the marriage of foreigners to Iranian nationals is different from that of the Iranian man. A foreign woman who asks for marriage to an Iranian man, without any condition of being Muslim, does not have any permission from the Iranian government. Upon the marriage of a foreign national woman with the Iranian man, the Iranian citizenship will be granted to the wife, but the granting of nationality to a foreigner who has been optioned an Iranian woman is subject to certain conditions.
Children born of marriage to foreign nationals with Iranian citizens
According to Iran’s law, children born to marry foreign women and Iranian men, whether they live in Iran or abroad, are Iranian. Meanwhile, children born to mothers of Iran do not have the natural rights of citizenship, and complicated conditions are for children born to Iranian women who marry non-Iranian citizens. Statistics released by the National Bureau of Citizenship in the governorate of Tehran in 2011 show that around 32,000 children in Iran are not entitled to birth certificates because their fathers are not Iranian citizens.
According to Iran’s law, children born to marry foreign women and Iranian men, whether they live in Iran or abroad, are Iranian. Meanwhile, children born to mothers of Iran do not have the natural rights of citizenship, and complicated conditions for children born to Iranian women who marry non-Iranian citizens. Statistics released by the National Bureau of Citizenship in the governorate of Tehran in 2011 show that around 32,000 children in Iran are not entitled to birth certificates because their fathers are not Iranian citizens.
In Iran, many women marry foreign men. For example, many Afghan citizens live long time in Iran and marry with Iranian women. Given the complications of registering foreign marriages with officials in Iran, they have only religious certificates for foreign marriages in Iran. Foreign marriages in Iran, which are not registered, do not guarantee the rights of Iranian spouses and their children. The marriage of a foreign male and female in Iran, if not registered, does not entitle the children that born from the marriage to the right to have birth certificates and thus deprive them of access to many of the basic rights that the government is obligated to provide to their citizens.
On September 24, 2006, the Iranian parliament passed a bill approving the determination of the citizenship of Iranian women married to foreign men. According to the bill, couples’ children, if born in Iran, can acquire Iranian citizenship after turning the situation and leaving their father’s nationality.
On August 2, 2011, some lawmakers proposed amendments to provide Iranian citizenship for children born to mothers of Iran from marriage with foreigners in Iran. The Parliamentary Judicial Commission and the Legal Commission, which were in charge of reviewing the proposed amendments, rejected it on the basis of political and security considerations. The amendment was eventually discussed in Parliament on May 6, 2012, and decided that children born to Iranian mothers should have permanent residence in Iran and enjoy educational, health and social services. Children born of Iranian foreign marriages in Iran receive a birth certificate, and similar treatment to children whose parents are both Iranian. However, this statement is confusing, because the bill does not automatically provide children born to Iranian women automatically. It only granted social rights, including the right to education. The citizenship of children born to Iranian women married to foreigners was re-examined last year and was rejected by lawmakers. So the issue is still unresolved. Of course, with great probability and with regard to the marriage of foreign nationals to Iranian citizens, the issue will soon be resolved through the Islamic Consultative Assembly.
Documents required for registration of foreign citizenship marriages with Iranian nationals
In accordance with the laws and regulations of the Islamic Republic of Iran, when an Iranian man marries another woman from a foreign country, the spouse is considered as an Iranian citizen and marriage must be filed with the appropriate authorities of the Iranian government. As an Iranian citizen, after marriage, the spouse may retain his passport and previous nationality, however, he cannot travel to Iran using a non-Iranian passport.
The following documents are required to obtain a child’s birth certificate and registration of the marriage of foreigners with Iranian nationals:
- Birth certificate of Iran’s main infants.
- Valid Principal Husband with Iranian Passport.
- Original evidence of the birth of a baby (long form). If the birth certificate is issued in a country other than the United States, this insistence must be endorsed by the embassy of that country, and if not in English, the embassy must translate and approve it. The original birth certificate must include the child’s gender and the full name of the parent. Birth certificate will not be returned.
- Valid passport version of the spouse (four first pages)
- A certificate stating that a Muslim wife has been. It is necessary for her husband to be Muslim.
- Original Islamic marriage documents (can be obtained from a mosque or Islamic center). The certificate must include the signature of the spouse, husband, two witnesses and the person performing the marriage ceremony.
- Principal marriage license, if the marriage license is issued in a country other than the United States, this insistence must be endorsed by the embassy of that country, and if not in English, it must translate and approve the embassy.
- Four identical pictures of the wife. Women have to take photos
- Take a national ID card (national card) or a passport of two witnesses.
- Complete the form that the parties have not married to anyone except that they have (only) one spouse.
Family lawyer in iran
For legal advice on marriage of Iranian women with foreign men, marriage of Iranian men with foreign women, marriage of foreigners with Iranian citizens, marriage in Iran, marriage abroad, marriage migration, and other matters of family law, call with International Law and Justice Institution Dr Mehri, the senior attorney-at-law and legal counsel.
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