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 23

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