DandNHill

My son has a friend who is 17. Her parents died when she was maybe 3 or 4. She was adopted by her parents friends.

My question is...if her birth parents were Scottish but her adoptive parents Canadian does she have any right to a GB passport?

TrishP

What does her birth certificate say?

DandNHill

She was born in Canada so has a Canadian birth certificate but she was born to Scottish parents. Then adopted by Canadians when her birth parents died.

TrishP

I woud presume that her lineage as a Brit can be proven through her birth certificate, which would have her birth parents' names on it and, if she can get her hands on a copy of her birth parents' wedding certificate or their birth certificates.

Maybe post this question on the Moving Back to the UK forum, as there are a couple of folks on there who are very well versed in citizenship stuff and who may be able to speak to this better than I can.

TrishP

Another avenue to consider is the ancestry of her adoptive parents, who themselves may be entitle to British citizenship. In this case, the case for UK citizenship would be stronger.

DandNHill

Well I've told her that she needs to get hold of their birth certificates and marriage certificate initially. But officially when you're adopted you are no longer your natural parents child.... Just thought somebody might say "oh yes I've seen this before..."

Pulaski

If (either one of) her parents were born in the UK then the parents were "British other than by descent" and their children would be British no matter where they were born - but would be "British by descent" if born outside the UK (unless one of the parents were "in government service" overseas).

If (both) her parents were born outside the UK (neither was born in the UK) and ahe was born in a (most) Commonwealth country, then she may he eligible for an ancestry visa to work in the UK.

The adoption doesn't change anything.

There is no such thing as Scottish nationality or passport, so being "Scottish" is irrelevant to the question of whether she is eligible for a British passport.

DandNHill

The reference to being Scottish is because I refer to myself as English not British that's all.
So from what you're saying as her birth parents were Scottish she is eligible for a British passport?

TrishP

The wiki on British Nationality Law states "British children adopted by non-British nationals do not lose British nationality, even if they acquire a foreign nationality as a result of the adoption."

DandNHill

Perfect. So on to the next step, whatever that is lol

Pulaski

If her birth parents were British then she's British too (unless her parents were British by desecent AND she was born outside the UK, AND neither parent was in government service).

As I said, there is no such thing as "Scottish" for the purpose of determining eligibility for a British passport.

FWIW I was born in England, as were both my parents, but my nationality is "British" and a I hold a British passport.

DandNHill

As an aside my passport says I'm British but I see myself as English.
But regardless of how we see ourselves, does she just apply for a British passport supplying her birth certificate? Sounds like she'd be missing a step.

Pulaski

She'll need her birth parents' birth certificates if she was born outside the UK, I think. ..... Maybe BiP will be along to advise as this question is right up his street.

Jerseygirl

I'm moving this thread over to our UK Immigration forum.

scot47

Does she still use her birth name ? Or has she taken the name of her adoptive parents ?


Having a passport which shows a different name to the one she has used could be a hassle !