45. If a State provides for an age limit for foundlings to acquire nationality, the age of the child at the date the child was found is decisive and not the date when a child came to the attention of the authorities. 46. Nationality acquired by foundlings pursuant to Article 2 of the 1961 Convention should only be lost if it is proven that the child concerned possesses another State’s nationality. 47. A child born in the territory of a Contracting State without having a parent, who is legally recognised as such (e.g. because the child is born out of wedlock and the woman who gave birth to the child is legally not recognised as the mother), should be treated as a foundling and should immediately acquire the nationality of the State of birth. Application of Safeguards to Children Born on Ships and Planes 48. The extension of the territory of a Contracting State to “ships” as prescribed in Article 3 of the 1961 Convention is to be interpreted as referring to all “vessels” registered in that Contracting State irrespective of whether the ship involved is destined for transport on the high seas. 49. It follows from the ordinary meaning of the terms used in article 3 that the extension of the territory of a Contracting State to ships flying the flag of that State and to aircraft registered in that State also applies to ships within the territorial waters or a harbour of another State or to aircraft at an airport of another State. Transitional Provisions 50. Article 12 of the 1961 Convention provides that if a State opts to grant its nationality automatically to children born in its territory who would otherwise be stateless, this obligation only applies to children born in the territory of that State after the entry into force of the Convention for that State. 51. If a Contracting State opts to grant its nationality to otherwise stateless individuals upon application in accordance with the provisions of Article 1(1) and 1(2), the rules also apply for otherwise stateless children born before the entry into force for the State involved. This is also the case for Article 1(4) and the application procedure foreseen in Article 4. 52. However, States that opt for automatic acquisition should be encouraged to provide for a transitory application procedure for stateless children born before the entry into force of the Convention. UNHCR September 2011 12