NASSAU, Bahamas, CMC – The Bahamas government has hinted at filing an “immediate” appeal against a ruling by a Supreme Court judge that anyone born in the country to either a Bahamian mother or father is entitled to citizenship at birth, regardless of the parents’ marital status.
The ruling contradicts the longstanding requirement that children born out of wedlock to Bahamian men and foreign women must wait until 18 to apply for citizenship.
Winder said the legal position “must be that every person born in The Bahamas after July 9, 1973, shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas, irrespective of the marital status of the parents at the time of birth”.
His ruling hinged on whether Article 14(1) of The Bahamas Constitution is applicable when interpreting Article 6, which states “every person born in The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.”
The application (or misapplication) of Article 14(1) to Article 6 would take away that opportunity from the child born out of wedlock to access citizenship where one of his parents may be Bahamian,” Winder said.
