ABSTRACT
Building on the author’s book Nationality of Foundlings (Springer 2021), this article examines
the definition of the term ‘foundling’ under Article 2 of the 1961 Convention on the Reduction of
Statelessness, with particular focus on the most commonly debated issue: The maximum age of the
child when found in the territory to qualify as a foundling. It first asserts that the grant of nationality
to foundlings is a customary international law norm. The article then advances an evolutionary
and teleological approach to interpreting the 1961 Convention in light of its objective of reducing
statelessness, considering the development of human rights law and best state practices. The
analysis of the travaux and the comparison of the nationality laws of 193 UN member states (of which
142 states have foundling provisions) first clarify that the term ‘foundling’ means ‘a child of unknown
parents. Further, it reveals that foundling provisions of 10 states (7% of 142 states) explicitly cover all
minors of unknown parents, and that the provisions of at least 16 states (11%) encompass all minors
according to available legal interpretations. This is exemplified by legal precedents in which Spain
and Italy, respectively, recognised minors who were around 11 and 12 years old when found in their
territories as their nationals under their foundling provisions. In light of Article 7 of the Convention
on the Rights of the Child and the best interests of the child, this article concludes that the term
‘foundling’ is not restricted to a ‘newborn child’ or a ‘young child’ but covers all minors of unknown
parents.
KEYWORDS
Statelessness, Foundlings Definition, Child of Unknown Parents, Abandoned or Orphaned Children,
Unaccompanied or Separated Children