Nationality of Foundlings
nationality legislation, there has been some recent progress in the protection of
children of unknown parentage.24
The book also has immediate relevance to two situations of increasing
international importance: first, state obligations to children who are
unaccompanied, particularly in situations of widespread displacement. Where
children’s nationality and parentage are not conclusively established, KanekoIwase argues that states should extend nationality to children who are ‘found’ at
any point prior to reaching the age of majority.25 Second, the book has immediate
relevance to situations of international surrogacy. There has been increasing
attention given to surrogacy arrangements with international aspects that result in
children who are stateless.26 Nevertheless, that literature has rarely explored the
possibility of foundling provisions as a safeguard where children cannot obtain
nationality through other means. Foundling provisions can provide a safeguard in
these situations, especially when interpreted broadly as Kaneko-Iwase
recommends.27
Kaneko-Iwase notes the limitations of her work. Despite extensive research, as
many scholars of international nationality law will know all too well, it is
extremely difficult to verify that available versions of nationality laws are accurate
and up to date.28 This means that some analysis may rely on out-of-date legislation
or state practice that differs widely from national legislation. The volume’s origin
as a dissertation means that the volume is peppered with extensive discussion of
primary sources, particularly in-depth discussions of judicial and administrative
decisions, that may lead some readers to focus on the conclusions and summaries
in Chapter 8.
This volume will prove an important reference for scholars of international law
on statelessness, policymakers considering reform of legislation concerning
nationality, migration lawyers representing unaccompanied minors and advocates
for children’s human rights and birth registration.
24
25
26
27
28
Miriam Nihal, ‘Saudi Arabia Grants Citizenship to Children Born to Unknown Parents’, The
National (online, 26 January 2021) <https://www.thenationalnews.com/world/gcc/saudiarabia-grants-citizenship-to-children-born-to-unknown-parents-1.1153889>.
Kaneko-Iwase (n 4) 280–84.
See, eg, Thomas McGee, ‘“Rainbow Statelessness” — Between Sexual Citizenship and Legal
Theory: Exploring the Statelessness-LGBTIQ+ Nexus’ (2020) 2(1) Statelessness &
Citizenship Review 80–84; Jyothi Kanics, ‘Preventing and Addressing Statelessness in the
Context of International Surrogacy Arrangements’ (2014) 19 Tilburg Law Review 117.
Kaneko-Iwase (n 4) 70–75.
ibid 405.
187