incorporated within provisions that discriminate on the basis of the gender of a parent, where a father would transmit nationality to a child born in wedlock, and a mother if the child is born out of wedlock). Nationality and foundlings and abandoned children 96. The Committee of Experts emphasizes the importance of provisions ensuring that children found abandoned in the territory of a State Party (foundlings) acquire the nationality of that State. Such provisions are important to ensure that children abandoned by their parents, or whose parents have died, or who are separated from their parents in case of war or natural disaster, also acquire a nationality. The Committee notes that a number of African nationality laws do not include such provisions, and that in other cases they apply only to infants; it also commends those States that have adopted laws providing for nationality to be conferred under such provisions to much older children. The Committee urges States to, at a minimum, grant nationality to all such children found abandoned, including those who (at the date they were found) were not yet able to communicate accurately information pertaining to the identity of their parents or their place of birth. Nationality and adopted children and those in similar situations 97. A child whose parentage is established by court order or by similar procedures to adoption should acquire the nationality of the parent concerned, subject only to an administrative procedure established by law. In the case of an adoption of a child where the family relationship with the child’s birth family is not completely replaced, States should facilitate the child’s acquisition of the nationality of the adoptive parents. The Committee notes that there are many different traditions relating to recognition and adoption of children within African States and that the specific procedures applied in such situations may vary greatly; however, they should comply with the requirements of Article 24 of the African Children’s Charter. The basic principle to be respected in these procedures that it is in the best interests of the child to possess the nationality of the person(s) who is (are) primarily responsible for his or her care, and to retain that nationality if it has been held for a reasonable period, even if the adoptive relationship does not continue. Nationality of a child in case of change of status of his or her parents 98. In several contexts, the nationality of a child may be impacted by a change in status of his or her parents: in particular in case of marriage, divorce, or change of nationality of a parent. In general, it is in the best interests of the child that, when his or her parent acquires a new nationality through marriage, naturalization or similar procedure, the child also acquires that nationality. However, where a parent loses or is deprived of nationality, that loss or deprivation should not affect the child and in no case may a child lose or deprived of his or her nationality if he or she would be left stateless. In cases where a parent renounces his or her nationality, the State is under a general obligation to ensure that the person obtains another nationality; while a parent may also renounce nationality on behalf of a minor child (subject to the principle that the older a child is, the greater extent his or her own views should be heard and taken into account), the obligation of the State to ensure that another nationality is acquired is particularly important to avoid statelessness for that child. Article 6(4) 99. Article 6(4) requires States parties: “to ensure that their Constitutional legislation recognizes the principles according to which a child shall acquire the nationality of the State in the territory of which he[/she] has been born if, at the time of the child’s birth, he [/she] is not granted nationality by any other State in accordance with its laws.” As noted above, the importance of Article 6(4) is to go beyond a generalized obligation on all states to reduce statelessness among children, and to create a specific obligation for the State where a child is born. Various formulations of this safeguard are found in a number of other international instruments and form the bedrock of global efforts to prevent statelessness. 103

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