How To demand Belgian nationality under the category attribution:

How to become Belgian under the category attribution of nationality:

The attribution of nationality only concerns children under age of 18(in case of adoption child must had been adopted before the age of 18).
There are following cases of granting Belgian nationality under The attribution of Belgian nationality:

• By birth of a Belgian father or mother
• Due to an adoption
• To stateless persons born in Belgium
• By birth in Belgium
• To minors of the third generation, born in Belgium
• To minors one of whose authors has become Belgian

How to become Belgian ?

By the Belgian nationality of one of the parents.

Attribution of Belgian nationality due to Belgian nationality of one of the parents at the time of the child's birth:

• From the father, or 
• From the mother, or 
• From the adopter. 
• Belgian nationality is automatically assigned when:
• The child was born in Belgium to a Belgian parent at the time of the child's birth.
• The child was born in Belgium and adopted by a Belgian (if the child is less than 18 years old when the adoption takes effect).
• If the child was born abroad to a Belgian parent:
• who was born in Belgium; or
• provided that the child does not have any other nationality before reaching the age of majority; 

• If the child was born abroad and adopted by a Belgian:
•  who was born in Belgium; or
• adopted by a Belgian on the condition that the child does not have any other nationality before his majority

Note :the child retains Belgian nationality as long as he does not obtain another nationality before his 18th birthday.

In other cases, Belgian nationality is granted on condition that the Belgian parent/adopter adopts a declaration :

• Before the child's 5 years or in the event of adoption, within 5 years from the date on which the adoption takes effect.
• Before the civil status officer of the place of residence in Belgium of the Belgian parent or, if the parent lives abroad, before the Belgian head of diplomatic or consular mission.

Note: The child whose parentage to the Belgian parent/adopter is broken before the age of 18 loses Belgian nationality.

By acquiring Belgian nationality from one of the parents (collective effect).

A child whose father, mother or adopter acquires or regains Belgian nationality will automatically be granted Belgian nationality if:

• The child is under 18 when the parent/adopter becomes Belgian AND
• The parent or the adopter exercises parental authority over the child when he acquires Belgian nationality(This condition is verified with regard to the child's right of residence at the time of acquisition of nationality Belgian of the parent).AND
• The child has his main residence in Belgium when the parent acquires Belgian nationality.

Notes:

• The main residence = the place where the person is registered in the waiting register, for foreigners or the population.
• The condition of the principal residence of the child in Belgium is not applicable when the parent has acquired Belgian nationality before 1 st January 2013.

Example of Documents to File:

1. Proof of the voluntary acquisition of Belgian nationality by the parent;
2. Proof that the child is under the age of 18;
3. Proof of parentage (eg birth certificate if the child was born as part of marriage, proof of recognition of paternity or a judgment establishing parentage, etc.);
4. Proof that the parent exercised parental authority over the child when he acquired Belgian nationality (see the child's right of residence when the author acquired Belgian nationality);
5. Proof of the child's main residence in Belgium (e.g. a residence certificate).

! This document shall not be required if the parent has acquired Belgian nationality before 1 st January 2013.

• The request for the Belgian identity card/passport for the child is made to the competent administrative authorities:
• The civil registrar or the Belgian consulate and embassy when the child resides abroad and that the parent has acquired Belgian nationality before 1 st January 2013.

By the birth in Belgium of the child
Belgian nationality is automatically assigned to a child born in Belgium and neither of whose parents has Belgian nationality in the following cases:

• If in the absence of Belgian nationality, he would be stateless at any time before the age of 18 AND provided that he cannot obtain another nationality, subject to the completion of an administrative procedure by his parents with the diplomatic or consular authorities of their country of origin;
• Note:unless they demonstrate the absolute impossibility of accomplishing these steps, for example because they are recognized as refugees or in asylum procedure. The same applies to the children of beneficiaries of subsidiary protection.
• The child retains Belgian nationality unless it is established before the age of 18 that he has another nationality.
• If one of his parents was born in Belgium and had his main residence there for 5 years during the ten years preceding his birth (3rd generation);
• Note: if parentage ceases to be established before the child's 18th birthday (e.g. in the event of a paternity claim), the child loses his Belgian nationality. 
• If adopted before the age of 18 by a foreigner born in Belgium and who had his main residence there for 5 years during the ten years preceding his birth.

      -Belgian nationality is granted on condition that the Belgian parent/adopter adopts a declaration :

      -Nationality can also be attributed to so-called "second generation" children, that is to say children born in Belgium to parents born in 'foreign. This allocation is subject to a declaration by the parents.

Conditions:

• The declaration is made before the registrar of the child's main place of residence jointly by the parents (or adopters), claiming for him the attribution of nationality;
• It must be done before the child's 12th birthday;
• The child must have had his main residence in Belgium since birth;
• Parents or adopters must have had their principal residence in Belgium for the ten years preceding the declaration;
• One of the parents or adopters must have an unlimited stay at the time of declaration (cards B, C, D, E, E +, F, F +).

Note: The main residence = the place where the person is registered in the waiting register, for foreigners or for the population.

Exceptions to the joint declaration:

The declaration must be made jointly by both parents or adopters, except:

• If parentage is established only with respect to a parent; or
• If the child has only been adopted by one person, unless the adopter is the spouse of the parent (in this case, the declaration must be made jointly by the parent and the adopter); or
• One of the parents or adopters has died; or
• one of the parents or adopters has been declared absent (statement of presumed absence or judgment declaring absence); or
• One of the parents or adopters is unable to express their will (parent's ban, loss of parental authority or insanity); or
• If one of the two parents / adopters lives abroad: in this case, the procedure can be carried out by the other parent, subject to proof of the consent of the absent parent.

Note :the act of consent is drawn up by the head of the Belgian diplomatic or consular post where the parent resides or by a notary.

If one of the parents or adopters refuses to give their consent, the declaration will be made by the other parent or adopting parent to the registrar of the child's main residence. The latter transmits it to the King's Prosecutor. On the opinion of the Public Prosecutor, after hearing the parents, the court of first instance confirms the declaration if it considers the refusal of abusive consent and if the declaration of nationality has no other purpose than the interest of the 'child. Within 15 days of notification of the court decision, parents, adopters or the King's Prosecutor can appeal to the Court of Appeal.

The declaration procedure:
The declaration is made before the registrar of the child's main residence, who issues an acknowledgment of receipt attesting to the introduction of the declaration.
The registrar examines the completeness of the file within 30 days of the delivery of the acknowledgment of receipt.
Note :
- If the child's first or last name is misspelled in the population register, the aliens register or the waiting register or on the documents presented, the procedure is suspended until the spelling has been standardized in registers and / or documents.
- If the child does not have a first or last name, a procedure to obtain a first or last name can be introduced free of charge on the initiative of the parents at the SPF Justice.

When the declaration is incomplete, the file can be completed within 2 months.

If at the end of the 2 months the file is judged incomplete by the registrar, he will inform the interested parties by registered letter within 15 days from the expiration of the 2 month period. .

If the file is complete, the registrar will issue a receipt within 35 days of filing the declaration or within 15 working days after the expiration of the 2-month period allowed to complete the file.

The registrar communicates the file to the Public Prosecutor for an opinion within 5 working days of sending the receipt, as well as to the Aliens Office and the State Security Service.

The Public Prosecutor can oppose the attribution of nationality within a period of 4 months from the sending of the receipt by the registrar, if the conditions (above) have not not been respected. In this case, the registrar informs the declarants. They can seize the court of first instance within 15 days so that it decides on the merits of the request.

If the Prosecutor does not object or in the absence of a response, the declaration of Belgian nationality is entered in the civil status registers.

Note: There is no registration fee for the reporting procedure for minors. The procedure is free .

Examples of documents to be filed:

• A certified copy of the child's birth certificate (if necessary, translated and legalized, see Legalization practical sheet );
• A certificate of residence with a history of the child's addresses proving his main residence in Belgium since his birth;
• Any document establishing the parentage link between the child and his parents or adopters (eg act of recognition of paternity, adoption judgment,…;
• A certificate with residence with history of the addresses of the parents and / or adopters of the child proving a principal residence in Belgium during the 10 years preceding the declaration;
• Proof of unlimited residence permit for one of the parents / adopters (cards B, C, D, E, E +, F, F +);

Source: ADDE , Objective