Too old to be a ‘foundling’? – International standards and comparative analysis – Table 4: Details of Legislation Which Is Open to Minors Explicitly (the foundling provision uses ‘minor,’ or ‘child’ which is defined within the same law as ‘minor’) Article 11 provides ‘A minor who is living in Georgia and whose both parents are unknown shall be deemed to be a Georgian citizen unless proved other(1) Georgia wise.’ Article 2(e) provides ‘minor – a person under the age of 18.’ Organic Law on Georgian Citizenship, 30 April 2014 <https://matsne.gov.ge/ka/document/ view/2342552?publication=8> Article 12(6) states ‘A child located on the territory of the Kyrgyz Republic, both of parents of who are unknown, is a citizen of the Kyrgyz Republic.’ Article 3 (2) Kyrgyzstan (entitled ‘Main definitions’) of the same says ‘a child is a person at the age of up to 18 years old.’ Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic, 21 March 2007 <https://cbd.minjust.gov.kg/202103/edition/1272039/kg> Article 5 (3)) states ‘The following is Luxembourgish: [...] 3° a minor born in Luxembourg of legally unknown parents; a minor [le mineur] found on Luxembourg (3) Luxemburg territory is presumed, until proof to the contrary, to have been born in the territory.’ Nationality Law of Luxembourg, 8 March 2017 <http://legilux.public.lu/eli/ etat/leg/loi/2017/03/08/a289/jo> Article 11(2) ‘The child [Copilul] found in the territory of the Republic of Moldova shall be considered its citizen, unless otherwise proven, before the age of 18.’ Article 1 of the same law states: For the purposes of this law, the following notions mean: child [copil] - a person until the age of 18.’ This reading is con(4) Moldova firmed by the email from Marin Roman (the then Statelessness Officer, UNHCR Central Asia) to the author (5 January 2021). Law No.1024/2000 on Citizenship of the Republic of Moldova <https://www.legis.md/cautare/getResults?doc_ id=122079&lang=ro> Article 3 of The Philippines’ dedicated foundling law contains the term ‘For purposes of this Act, a foundling shall be a deserted or abandoned child or infant with unknown facts of birth and parentage. This shall also include those who have been duly registered as a foundling during her or his infant childhood, but have reached the age of majority without benefitting from adoption procedures upon the passage of this law.’(emphasis added), without further defining the term ‘child’. Foundling Recognition and Protection Act (or Republic Act 11767) (6 May 2022) <https://www.officialgazette.gov.ph/ downloads/2022/05may/20220506-RA-11767-RRD.pdf>. Implementing Rules (5) The Philip- and Regulations of Republic Act No.11767, Foundling Recognition and Protecpines tion Act <https://www.officialgazette.gov.ph/downloads/2022/09sep/20220909IRR-RA-11767-FRM.pdf> section 4 (e) states ‘For the purpose of R.A. No.11767 (….) (e) Child refers to a person below eighteen (18) years of age or a person eighteen (18) years of age or over but who is unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition’. Notably, the Philippines’ Foundling Act is the only legislation known to the author which includes persons above 18 years of age in the concept of ‘foundling’. Author wishes to thank Aeriel Ann Gonzales of the UNHCR National Office in the Philippines for referring her to the relevant materials. European University Institute 30

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