Application
Presently, all but one of the LAS member States have provisions in their
nationality legislation which protect children of unknown origin who are
found on their territory, in line with Article 2 of the 1961 Convention. Most
of the provisions stipulate that foundlings will be automatically granted the
nationality of the State in which they are found, unless it is later found that
they already possess another nationality. Only one State requires that the
foundling must be a ‘newborn,’ while all others make no mention of the age
of the child.48 International State practice reveals a broad range of ages within
which countries offer nationality to foundlings, including in some cases up to
the age of majority.49 Increased effort is recommended to ensure effective
application of this provision in line with principles of non-discrimination.
Concrete and practical guidance is needed, such as agency directives or
instructions, to ensure the effective implementation of this critical safeguard
in practice. This includes clarifying 1) which authorities are competent over
nationality claims from foundlings, 2) who may present a claim to nationality
on behalf of a foundling (as the child generally will not be able to do so on its
own), and 3) which restrictions, if any, may apply.50
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