Belgium grants nationality at birth to children born in the country who would otherwise be stateless, under Article 10 § 1 of the Belgian Nationality Code. This provision is relatively unique in Europe and aims to prevent statelessness. Historically, Belgian nationality was therefore automatically granted to children born in Belgium to Palestinian parents. In 2023, the Immigration Office raised concerns about potential misuse of this rule to facilitate family reunification. As a result, local civil registrars were asked to review certain cases, and by mid-2024, several officials decided to withdraw the nationality granted at birth, reasoning that the children held, or could obtain, Palestinian nationality through their parents.

On 27 February 2026, the Antwerp Family Court annulled these decisions in five separate cases. The court noted that there was no certainty that the children possessed Palestinian nationality or could obtain it remotely. Certificates from the Palestinian mission in Brussels confirmed that registration as Palestinians was only possible by travelling to the Palestinian territories, a requirement incompatible with the parents’ refugee status. The court concluded that revoking Belgian nationality under these circumstances would place the children in a precarious situation and undermine the law’s objective of preventing statelessness.

The court further emphasised that any alleged misuse by parents could not be attributed to the children. It held that the consequences of withdrawing nationality would be disproportionate and contrary to the best interests of the child. Potential “pull effects” were considered matters for the legislature, and judges are obliged to apply the law as it currently stands. 

For further details, please read the press release from the Antwerp Family Court (in Dutch).