Nationality of Foundlings

Dr Mai Kaneko-Iwase, a researcher at Maastricht University, the Netherlands, studied international human rights law at the School of International and Public Affairs at Columbia University in New York where she obtained her master’s degree in 2004. She was awarded a PhD (Law) from the Department of Private Law, Faculty of Law, Maastricht University in January 2020. Starting in 2004, Dr Kaneko-Iwase has worked for the United Nations High Commissioner for Refugees (UNHCR) primarily in Japan, but also in Pakistan, Lebanon and Malaysia. This book was written by the author purely in her personal capacity. The views expressed herein are those of the author and do not reflect the views of the UN or UNHCR.

• Chapter 1 Introduction.- Chapter 2 Nationality, Statelessness, Family Relationships, Documentation and Foundlings.- Chapter 3 Defining a ‘Foundling’.- Chapter 4 Defining ‘Unknown-ness’ of Parentage.- Chapter 5 Burden and Standard of Proof in Determining Unknown-ness of Parentage.- Chapter 6 Age of a Foundling, and Being ‘Found’ in the Territory.- Chapter 7 ‘Proof to the Contrary’ and Conditions for Nationality Withdrawal.- Chapter 8 Recommendations – Model Foundling Provision.- Annex 1 Comparative Table of Legislation on the Nationality of Foundlings of 193 UN Member States.- Annex 2 Foundling Provisions as of 1953 (non-exhaustive).- Bibliography.

“Mai Kaneko-Iwase's publication Nationality of Foundlings is an essential contribution filling gaps in understanding of international law and State practice in granting nationality to children found in a State’s territory.” (Betsy L Fisher, Statelessness & Citizenship Review, Vol. 4 (1), 2022)