Palestinian refugees rally outside of asylum seeker reception centers in Belgium. (File photo)
A family court in the Belgian city of Antwerp has annulled decisions to withdraw Belgian nationality from five children born to Palestinian parents, ruling that the measures violate the best interests of the child.
In five separate judgments issued on 27 February 2026, the Antwerp Family Court overturned decisions by local civil registry officials who had sought to revoke the children’s nationality. The court held that stripping them of citizenship would place them in a precarious legal situation.
“The consequences of denying nationality run counter to the best interests of the child and are disproportionate,” the court ruled.
Under Article 10 §1 of the Belgian Nationality Code, Belgium grants nationality at birth to children born on its territory who would otherwise be stateless.
The provision, considered relatively unique in Europe, aims to prevent statelessness. For years, children born in Belgium to Palestinian parents automatically acquired Belgian nationality on that basis.
Following the outbreak of war in Gaza on 7 October 2023 and the arrival of thousands of Palestinian refugees in Belgium, the Immigration Office raised concerns about possible misuse of the rule. Authorities argued that having a Belgian child could facilitate family reunification procedures.
In 2023, the Immigration Office asked local authorities to re-examine certain cases. By mid-2024, civil registry officials across the country had withdrawn nationality from at least 44 children, reasoning that they either possessed, or could obtain, Palestinian nationality through their parents.
Several families challenged those decisions in court, warning that their children would be left in legal limbo.
In its rulings, the Antwerp court found there was “no certainty whatsoever” that the children held Palestinian nationality or could realistically acquire it. Certificates issued by the Palestinian mission in Brussels confirmed that registration as Palestinians required travel to the Palestinian territories.
The court described such a requirement as incompatible with the parents’ refugee status and, in practice, impossible for families with young children.
It further stressed that any alleged misuse by parents could not be attributed to their children. Questions about potential “pull effects,” the judges said, are matters for the legislature, while courts are bound to apply the law as it stands.
Concluding that revocation would undermine the objective of preventing statelessness, the court ordered that the children’s Belgian nationality be maintained.