In Kenya in 2010, a new Constitution was adopted, bringing about legal reform in a wide range of areas, including nationality. The new Constitution and Citizenship and Immigration Act incorporate several key safeguards against statelessness, including a provision to grant citizenship to foundlings. It provides for equality between men and women in all nationality matters. Orphaned and abandoned children often do not have a confirmed nationality. Children born outside of marriage may also be prevented from acquiring nationality. To avoid these problems: • Foundlings discovered on a State’s territory should be granted the nationality of that State. This principle is contained in the citizenship legislation of many States and in international instruments relating to nationality, including the 1961 Convention. • Apply the principles found in the human rights treaties, that States should not discriminate between children born in and out of marriage (international law may allow for differences in treatment in some instances). • The best interests of the child should always be a primary consideration when determining the child’s nationality. The adoption practices of some States may lead to statelessness if, for example, children are unable to acquire the nationality of their adoptive parents. To avoid these problems: • States should introduce provisions in their legislation ensuring that adoptions completed abroad in conformity with international law are recognized in national law. The 1967 European Convention on the Adoption of Children encourages States to facilitate the grant of nationality to the adopted children of their nationals. Administrative practices There are numerous administrative and procedural issues related to the acquisition, restoration, deprivation and loss of nationality. Even if an individual is eligible to apply for citizenship, excessive administrative fees, unreasonable deadlines, and/or an inability to produce required documents because they are in the possession of the former State of nationality, can all prevent the individual from acquiring nationality. Similar obstacles may prevent individuals who have automatically acquired citizenship of a State from acquiring identity documents which would prove their nationality such as identity card, citizenship certificate or passport. To avoid this problem: 38 • Applications relating to the acquisition, retention, loss, recovery or certification of nationality should be processed within a reasonable period of time. Procedures should be as simple as possible and well publicized. • The registration of automatic (ex lege) acquisition or loss of nationality, including