19B. For the purposes of Part I and II of this Schedule any new
born child found exposed in any place shall be presumed, until
the contrary is shown, to have been born there of a mother
permanently resident there; and if he is treated by virtue of this
Section as so born, the date of the finding shall be taken to be
the date of the birth.
Third, there is a safeguard for adopted children’s right to a nationality.
Section 9(1) of the 1952 Adoption Act provides that an adopted child’s
legal position is the same as the position of a biological child. Adopted
children born in the country are subject to the provisions of acquiring
citizenship by operation of law that biological children are subject to, as
long as their adoptive parents are either a citizen or permanent resident.
9. (1) Upon an adoption order being made, all rights, duties,
obligations and liabilities of the parent, guardian of the adopted
child, in relation to the future custody, maintenance and education
of the adopted child, including all rights to appoint a guardian
or to consent or give notice of dissent to marriage shall be
extinguished, and all such rights, duties, obligations and liabilities
shall vest in and be exercisable by and enforceable against the
adopter as though the adopted child was a child born to the
adopter in lawful wedlock:
Provided that, in any case where two spouses are the adopters,
such spouses shall in respect of the matters provided in this
subsection and for the purpose of the jurisdiction of any Court
to make orders as to the custody and maintenance of and right
of access to children stand to each other and to the adopted
child in the same relation as they would have stood if they had
been the lawful father and mother of the adopted child, and the
adopted child shall stand to them respectively to a lawful father
and mother, respectively.
However, in practice, these provisions and safeguards fail to prevent
or reduce cases of statelessness because there are no administrative
guidelines or procedures regarding the implementation of these
constitutional safeguards to prevent statelessness. This leaves stateless
persons with limited viable remedies to acquire a nationality.
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