British citizenship - Unmarried British Fathers
Jun 14th 2006, 5:30 am
#1
Retired
Thread Starter
Joined: Apr 2004
Posts: 34,649
British citizenship - Unmarried British Fathers
Possibly of interest to those with children born in Australia:
Children born to unmarried British fathers on or after 1 July 2006 should be
granted simpler access to British citizenship, with the commencement
of Section 9 of the Nationality, Immigration & Asylum Act 2002:
http://www.opsi.gov.uk/si/si2006/20061498.htm
http://www.opsi.gov.uk/si/si2006/20061496.htm
http://www.opsi.gov.uk/si/em2006/uksiem_20061496_en.pdf
The new definitions in section 50 of the British Nationality Act read:
50(9) For the purposes of this Act a child's mother is the woman who gives birth to the child.
(9A) For the purposes of this Act a child's father is-
(a) the husband, at the time of the child's birth, of the woman who gives birth to the child, or
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or
(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.
And the "prescribed requirements" will be:
1. These Regulations may be cited as the British Nationality (Proof of Paternity) Regulations
2006 and shall come into force on 1st July 2006.
2. The following requirements are prescribed as to proof of paternity for the purposes of section
50(9A)(c) of the British Nationality Act 1981—
(a) the person must be named as the father of the child in a birth certificate issued within one
year of the date of the child’s birth; or
(b) the person must satisfy the Secretary of State that he is the father of the child.
3. The Secretary of State may determine whether a person is the father of a child for the purpose
of regulation 2(b), and for this purpose the Secretary of State may have regard to any evidence
which he considers to be relevant, including, but not limited to—
(a) DNA test reports; and
(b) court orders.
Children born before 1 July 2006 will not benefit from these provisions but if still under 18 can be registered as British citizens under existing policy:
http://bhc.britaus.net/passports/pas...ult.asp?id=376
Children born to unmarried British fathers on or after 1 July 2006 should be
granted simpler access to British citizenship, with the commencement
of Section 9 of the Nationality, Immigration & Asylum Act 2002:
http://www.opsi.gov.uk/si/si2006/20061498.htm
http://www.opsi.gov.uk/si/si2006/20061496.htm
http://www.opsi.gov.uk/si/em2006/uksiem_20061496_en.pdf
The new definitions in section 50 of the British Nationality Act read:
50(9) For the purposes of this Act a child's mother is the woman who gives birth to the child.
(9A) For the purposes of this Act a child's father is-
(a) the husband, at the time of the child's birth, of the woman who gives birth to the child, or
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or
(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.
And the "prescribed requirements" will be:
1. These Regulations may be cited as the British Nationality (Proof of Paternity) Regulations
2006 and shall come into force on 1st July 2006.
2. The following requirements are prescribed as to proof of paternity for the purposes of section
50(9A)(c) of the British Nationality Act 1981—
(a) the person must be named as the father of the child in a birth certificate issued within one
year of the date of the child’s birth; or
(b) the person must satisfy the Secretary of State that he is the father of the child.
3. The Secretary of State may determine whether a person is the father of a child for the purpose
of regulation 2(b), and for this purpose the Secretary of State may have regard to any evidence
which he considers to be relevant, including, but not limited to—
(a) DNA test reports; and
(b) court orders.
Children born before 1 July 2006 will not benefit from these provisions but if still under 18 can be registered as British citizens under existing policy:
http://bhc.britaus.net/passports/pas...ult.asp?id=376
Last edited by JAJ; Jun 14th 2006 at 6:09 am.
