Pre-1920 foreign birth vs. 1931 minor legitimation (Art 6, 1920 Act). Any precedents?
Hi everyone,
Looking for expert insights on a very specific loophole under the 1920 Polish Citizenship Act:
- The Ancestor: My great-great-grandfather was born in 1894 in Congress Poland (Białaszewo). He migrated to Brazil and never naturalized, making him a Polish citizen ex lege in 1920 under Article 2, Paragraph 1(a).
- The Issue: My great-grandfather was born in Brazil in 1916 out of wedlock (thus holding Brazilian jus soli citizenship).
- The Twist: In 1931, the Polish father legally recognized him and married the mother. At this time, my great-grandfather was 15 years old (a minor under 18).
We want to invoke Article 6 of the 1920 Act, which states that an illegitimate child under 18 acquires the father's citizenship through subsequent marriage/recognition.
Does the 1931 minor legitimation (Art 6) successfully cure the 1916 pre-1920 foreign birth restriction? Has anyone seen the Urząd Wojewódzki or the NSA approve a chain based on this exact scenario?
Template:
Great-Grandparents:
- Date married: 1937
- Date divorced: N/A
GGM:
- Date, place of birth: Born in Brazil in 1921
- Ethnicity and religion: Polish descent
- Occupation: N*/A*
- Allegiance and dates of military service: N/A
- Date, destination for emigration: N/A
- Date naturalized: Brazilian citizen by birth (jus soli)
- Date, place of death: Brazil, 1975
GGF:
- Date, place of birth: 1916, Brazil
- Ethnicity and religion: Polish descent
- Occupation: N*/A*
- Allegiance and dates of military service: N*/A*
- Date, destination for emigration: N/A
- Date naturalized: Born Brazilian (jus soli). Recognized by his Polish father (Feliks Mikulski, b. 1894 in Poland) in 1930 through marriage while a minor (14 years old).
- Date, place of death: Brazil.
Grandparent:
- Sex: Female
- Date, place of birth: Brazil, 1945
- Date married: N*/A*
- Citizenship of spouse: Brazilian
- Date divorced: N*/A*
- Occupation: Teacher
- Allegiance and dates of military service: N/A
- Date, destination for emigration: N/A
- Date naturalized: N/A
- Date, place of death: N*/A*
Parent:
- Sex: Female
- Date, place of birth: 1966, Brazil
- Date married: N/A
- Date divorced: N/A
You:
- Date, place of birth: 1999, Brazil