Mai Kaneko-Iwase, Ph.D. (Law)
D. Equivalents of ‘Foundling’ in Other UN Language Versions of the 1961 Convention
In addition, while four versions of the 1961 Convention in UN official languages (excluding Arabic)
are equally authentic, each has slightly different connotations. The French version refers to ‘enfant
trouvé’ (literally ‘child who is found’), while the Spanish version uses the term ‘un expósito’ (literally
‘exposed child’); the Russian version adopts the term ‘Найденыш’ (literally ‘found child’) deriving
from the word ‘be found’ in Russian, and the Chinese version uses the term ‘ ’ (‘abandoned child‘).
As noted earlier, the term ‘abandoned child’ is often used interchangeably with ‘foundling’ in general
terms, but it is only referenced in the Chinese definition. This is one of the grounds which gives rise
to a doubt whether being ‘abandoned’ is a requisite for being a foundling.
E. English Language Nationality Laws - Rarely Use ‘Foundling’
The author next compared the existing nationality laws of 142 states among 193 UN member
states which have foundling provisions. Among the nationality laws of 30 states82 whose texts are
originally drafted in English, the term ‘foundling’ was used by only two states in the main text83 of
the foundling provisions.84 13 states out of 30 states rather used terms such as ‘a child’ (expressed
either as ‘newborn’ or equivalent, ‘infant’, ‘child’ or ‘minor’) whose parents are unknown’ in their
foundling provisions. The term ‘abandoned’ was used in 12 other states, ‘deserted’ in seven states
and ‘exposed’ in two states.
82 The original list of 27 states contained in sec 3.3.1 of Kaneko-Iwase, Nationality of Foundlings (n 2) 83 was the following: i.e. Antigua
and Barbuda (sec 3[1]), Antigua and Barbuda Citizenship Act <http://laws.gov.ag/wp-content/uploads/2018/08/cap-22.pdf>; Australia
(sec 14) Australian Citizenship Act, 2007 <https://www.legislation.gov.au/C2007A00020/latest/text>; Barbados Sec 4(1), Barbados
Citizenship Act, Cap. 186, 30 November 1966 (as amended up to 1982) <http://104.238.85.55/en/showdoc/cs/186>; Belize (sec 7),
Belizean Nationality Act, 31 December 2000, <http://www.refworld.org/docid/4e5ccdc02.html>; Canada (sec 4[1]), Canadian Citizenship Act, R.S.C., 1985, c. C-29 <http://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#h-3A>, Eswatini (formerly Swaziland) (sec
47), Constitution of the Kingdom of Swaziland Act 2005 <http://www.refworld.org/docid/4c598cc72.html>; Fiji (sec 7), Citizenship of Fiji
Decree 2009, Decree No. 23, 8 July 2009 <https://laws.gov.fj/Acts/DisplayAct/3173>; Ghana (art 6[3]), Constitution of the Republic of
Ghana (Amendment) Act, 1996 <https://data.globalcit.eu/NationalDB/docs/Ghana-Constitution-of-Ghana-Amendment-Act-1996%20
%5bENGLISH%5d_1.pdf>; and Citizenship Act of 2000, 29 December 2000 <https://data.globalcit.eu/NationalDB/docs/Ghana_Citizenship_Act_with_forms_591_2000%20%5bENGLISH%5d_1.pdf>; Guyana (sec 8[2]) Guyana Citizenship Act, Chap. 14:01, 26 May
1966 <https://data.globalcit.eu/NationalDB/docs/Guyana%20Citizenship%20Act_consolidated%202012_compressed.pdf>; Ireland
(sec 10), Irish Nationality and Citizenship Act 1956 <https://www.refworld.org/topic,50ffbce524d,50ffbce525c,3ae6b4ebc,0,,LEGISLATION,IRL.html>: Kenya (art 14[4]), The Constitution of Kenya, 27 August 2010 https://www.refworld.org/docid/4c8508822.html;
Malta (art 17[3]), Maltese Citizenship Act 1965 (as amended up to 2020) <https://legislation.mt/eli/cap/188/eng/pdf>, Mauritius (Sec
2[2][e]), Citizenship Act 1968, RL 3/585, 14 December 1968 <http://www.refworld.org/docid/4c592d0e2.html>; New Zealand (sec 6[3]
[b][i]and[ii]), Citizenship Act 1977 (1977 No 61) <http://www.legislation.govt.nz/act/public/1977/0061/latest/whole.html#DLM443841>;
Papua New Guinea (sec 77[1]) and 77[2]), Constitution of the Independent State of Papua New Guinea, 16 September 1975 <http://
www.parliament.gov.pg/images/misc/PNG-CONSTITUTION.pdf>; Rwanda (art 9); Organic Law N° 30/2008 of 25/07/2008 relating to
Rwandan Nationality, 25 July 2008 <http://www.refworld.org/docid/4c569f4dc.html>; Saint Kitts and Nevis (sec 95[5][c]) Constitution
of Saint Kitts and Nevis, 10 September 1983 <https://www.refworld.org/docid/3ae6b50214.html>; and Saint Christopher and Nevis Citizenship Act (as amended up to 2017) <https://aglcskn.info/documents/Act17TOC/Ch%2001.05%20Saint%20Christopher%20
and%20Nevis%20Citizenship%20Act.pdf>; Saint Lucia (sec 7[2][a]) Citizenship of Saint Lucia Act <http://attorneygeneralchambers.
com/laws-of-saint-lucia/citizenship-of-saint-lucia-act/section-7>; Singapore (Third Schedule, art 140 [13]) Constitution of the Republic of Singapore, 1 October 2015 (as amended up to 2020) <https://data.globalcit.eu/NationalDB/docs/2020_Constitution%20of%20
the%20Republic%20of%20Singapore.pdf>; South Sudan (sec 8[4]), The Nationality Act, 2011, 7 July 2011 <http://www.refworld.org/
docid/4e94318f2.html>; Sri Lanka (sec 7), Citizenship Act, 15 November 1948 <https://www.refworld.org/docid/3ae6b50414.html>;
Tuvalu (art 43[2]), Constitution of Tuvalu, 15 September 1986 <http://www.refworld.org/docid/3ae6b5554.html>; Uganda (art 11[1],
Constitution of the Republic of Uganda <http://citizenshiprightsafrica.org/wp-content/uploads/2016/05/Uganda-Constitution-1995-asamended-2005.pdf>; United Kingdom of Great Britain and Northern Ireland (sec 1[2]), British Nationality Act 1981 <https://www.
legislation.gov.uk/ukpga/1981/61>; USA (Sec 301[f]), Zambia (art 35[2]), Constitution of Zambia (Amendment) [No. 2 of 2016 9] <
<https://www.refworld.org/legal/legislation/natlegbod/1991/en/15038>; Zimbabwe (art 36[3]), Constitution of Zimbabwe Amendment
(No. 20) Act, 2013, 22 May 2013 <http://www.refworld.org/docid/51ed090f4.html>. Three additional States have been added for the
purpose of this article, which are Grenada, the Philippines and Malaysia (see also n10). Grenada (sec 2[3]), Citizenship Act (as
amended up to 2002) <https://data.globalcit.eu/NationalDB/docs/Citizenship%20Act%201976_consolidated%202002.pdf>; the Philippines (sec 3), Foundling Recognition and Protection Act (Republic Act 11767) (6 May 2022) <https://www.officialgazette.gov.ph/
downloads/2022/05may/20220506-RA-11767-RRD.pdf>; and Malaysia (sec 19B, Part III of the Second Schedule), Federal Constitution (amended by Act A1752 Constitution [Amendment] Act 2025)
83 While so-called ‘titles’ of the provisions for several states contained the term ‘foundling’, this fact was not taken into consideration as
their legal nature (effect or force) was not clear.
84 Papua New Guinea (sec 22) and Tuvalu (art 43).
21
Robert Schuman Centre for Advanced Studies