Nationality

TITLE II Nationality

Article 35:
The following are Venezuelan by birth
  1. Those born in the territory of the Republic;
  2. Those born in foreign territory of native-born Venezuelan father and mother;
  3. Those born in foreign territory of a native-born Venezuelan father or a native-born Venezuelan mother, provided that they establish their residence in the territory of the Republic or state they desire to take Venezuelan nationality; and
  4. Those born in foreign territory of a naturalized Venezuelan father or naturalized Venezuelan mother, provided that before reaching eighteen years of age they establish their residence in the territory of the Republic and before reaching twenty-five years of age they state their desire to take Venezuelan nationality.
Article 36:
Foreigners who obtain a certificate of naturalization are Venezuelans by naturalization. Foreigners who by birth have the nationality of Spain or of a Latin American State shall enjoy special facilities in obtaining a certificate of naturalization.

Article 37:
The following are Venezuelan by naturalization whenever they state their desire to be so;
  1. A foreign woman married to a Venezuelan;
  2. Foreign miners as of the date of naturalization of the person who has parental authority over them, if they reside in the territory of the Republic and make the statement before they reach twenty-five years of age; and
  3. Foreign miners adopted by Venezuelans, if they reside in the territory of the Republic and make the statement before they reach twenty-five years of age.
Article 38
A Venezuelan woman who marries a foreigner retains her nationality unless she states her desire to the contrary and, according to the national law of her husband, acquires his nationality .

Article 39:
Venezuelan nationality is lost
  1. By option or voluntary acquisition of another nationality;
  2. By revocation of naturalization through a court judgment according to law.
Article 40
Venezuelan nationality by birth is recovered when the person who has lost it becomes domiciled in the territory of the Republic and states his desire to recover it, or when he remains in the country for a period of not less than two years.

Article 41
The statement of desire contemplated in articles 35, 37, and 40 shall be made in certified form by the interested party if over eighteen years of age, or by his legal representative if he has not reached that age.

Article 42
The law shall enact, in accordance with the spirit of the foregoing provisions, the substantive and procedural rules relating to the acquisition, option, loss, and recovery of Venezuelan nationality, shall resolve conflicts of nationality, shall establish the requirements, favorable circumstances, and formalities, and shall regulate the loss and annulment of naturalization by expression of desire and by the obtaining of a naturalization certificate.