children of Brazilian citizens born abroad could become Brazilian only if they came “to reside in the Federative Republic of Brazil and opt[ed] for the Brazilian nationality”.19 In 2007, following a sustained campaign by civil society, the media and politicians, the Brazilian parliament replaced this law with a new provision enabling stateless children born abroad to a Brazilian mother or father to acquire Brazilian nationality simply upon registration at a Brazilian consulate.20 A constitutional amendment in 2007 ensured that statelessness would be prevented from arising in the future with a special transitional provision entitling all children already stateless to acquire Brazilian citizenship.21 3. Nationality for foundlings Article 2 of the 1961 Convention requires States Parties to extend nationality to abandoned children whose parents cannot be identified (“foundlings”). This category includes children who lack a legal parental relationship in the relevant state – for instance, because the child is born out of wedlock and not recognized by the father or mother. The Nationality Law of Iraq of March 2006 provides a good example of conformity with Article 2: “A person shall be considered Iraqi if (b) he/ she is born in Iraq to unknown parents. A foundling found in Iraq shall, in the absence of proof to the contrary, be considered to have been born therein.” In terms of who qualifies as a “foundling”, the Constitution of Kenya of 2010 provides that: “A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.” 22 The 1961 Convention does not define an age limit beyond which a child may not be considered a foundling, but States are encouraged to recognize that status up to the age of majority. At a minimum, the safeguard for foundlings should apply to all young children not yet able to communicate accurately information pertaining to the identity of their parents or their place of birth,23 in line with the principle of the best interests of the child. Importantly, nationality acquired by foundlings pursuant to Article 2 of the 1961 Convention may only be lost if it is proven that the child concerned possesses another State’s nationality. For instance, according to the Nationality Law of Egypt, as amended in 2004, an Egyptian is: “Anyone who is born in Egypt from unknown parents. A foundling in Egypt shall be considered born in it unless otherwise established.” 24 Nevertheless, States may establish provisions that allow children 19 Constitutional Amendment No. 3 of 1994. 20 Constitutional Amendment 54/07 on 20 September 2007, Art. 12. 21 Constitutional Amendment 54/07 on 20 September 2007, Art. 12(c). UN High Commissioner for Refugees (UNHCR), Good practices paper – Action 1: Resolving existing major situations of statelessness, 23 February 2015, available at: www.refworld.org/docid/54e75a244.html. 22 Constitution of 2010, Art. 14(4). 23 See UNHCR, Guidelines on statelessness No. 4, supra, para. 57-58. 24 Law No. 154 Amending some provisions of Law No.26 of 1975 Concerning Egyptian nationality, Art. 2(2). 13