Can I register my child as a British if her dad is british?!

Elya · Post by **Elya** » Wed Apr 15, 2009 11:53 pm

Hello there!

I have a child who is 3 yrs old. Her dad is a british(was born in the UK and he is been living in the UK since he was born). I'm from Russia but I'm a student here.

We have not been married with him. I don't have any DNA tests or court papers. He is not in the birth certificate. I only have relevant documents that he is paying maintenance to his daughter for 2.5 yrs. And i can show all documents about it.

I don't know how to register my child as a British as we don't have contact with her dad. Would maintenance papers be enough evidence for Home Office? Do I have any chance to register her? Pls help me ith advice if you can....

JAJ · Post by **JAJ** » Thu Apr 16, 2009 12:36 am

Was the child born in the United Kingdom?

vinny · Post by **vinny** » Thu Apr 16, 2009 1:26 am

And on what date was the child born?

Elya · Post by **Elya** » Thu Apr 16, 2009 8:45 am

To JAJ:

Yes, she was born in London, UK

To Vinny:

She was born in June 2006

I asked advice in different places but was told i need DNA or court papers.

However, from my point of view: Would the person who is not a dad maintain a child who is not his child?! If he is doing it then he admits her?!

Thank you

JAJ · Post by **JAJ** » Sun Apr 19, 2009 3:09 am

The Nationality Instructions (section 9.9.8) say:

"The 2006 Regulations do not specify what forms of evidence apart from those specifically mentioned in paragraph 9.9.6 might be acceptable. However, we may normally accept that a man is the father of an illegitimate child if:

â€¢ paternity has been acknowledged in some other official context, for example, if the child was born abroad and the relationship has been accepted for United Kingdom immigration purposes, where there is no documentary evidence available

â€¢ he has stated that he is the father and we have confirmation of that from the mother (provided there is no evidence to suggest that their evidence is false â€“ e.g. made in the hope of gaining an immigration advantage)"

I would have thought that if you can show evidence he is paying maintenance through the Child Support Agency or similar, that would be evidence of paternity.

Have you got a copy of his birth certificate?

If he does not have parental responsibility then they should not need his consent to the application, but even if it was asked for, he would not be allowed to veto the registration of the child without a good reason.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Elya · Post by **Elya** » Wed Apr 22, 2009 11:52 pm

Hello JAJ,

Thank you for your reply.
Yes, her dad is paying the maintenance through child support. As mentioned, i have all papers.

I don't have his birth certificate. However, his ancestry and he is british born. At the moment he has another family life and married.

I would get his birth certificate. in later life he changed his family name. He added another surname to his existing one. This is why i was in doubt if i buy his birth certificate then does it show his birth name or added name too?!

As mentioned also, i talked to many solicitors but most of them say it is not easy and not possible if no DNA, or so on. Though i also read about acceptance of relevant papers???????!!!!!!!!!!!

JAJ · Post by **JAJ** » Thu Apr 23, 2009 3:56 am

Elya wrote:Hello JAJ,

Thank you for your reply.
Yes, her dad is paying the maintenance through child support. As mentioned, i have all papers.

I don't have his birth certificate. However, his ancestry and he is british born. At the moment he has another family life and married.

I would get his birth certificate. in later life he changed his family name. He added another surname to his existing one. This is why i was in doubt if i buy his birth certificate then does it show his birth name or added name too?!

A name change won't be shown on his birth certificate. However, it may have been registered with the High Court or used to apply for a passport:
http://en.wikipedia.org/wiki/Deed_of_change_of_name

Do you have any evidence linking his birth name to his current name?

I can't say much about solicitors except that most probably don't have much experience in this area. You could try Laura Devine, http://www.lauradevine.com

Elya · Post by **Elya** » Mon Aug 17, 2009 11:25 pm

Hello JAJ,

sorry for not responding you since last time. I just found my old post here. I contacted to the solicitor given by you. However, she can't help with my case. Unless i have his name in the birth certificate. Also I don't have any links with changes of his name.
It is likely a child born from british dad can't prove it if he does not contact to us.

vinny · Post by **vinny** » Tue Aug 18, 2009 12:19 am

Elya wrote:Hello,

Could anybody give me advise pls? I m student here for 7 years and non-EU. I have a little child (3 years old, born in the mid of June 2006). Her dad is a british by decent (he's been living in UK and his family too). However, when my child was born it was mess in our lives. I didn't put his name on the birth certificate, as i didn't know anything about laws in UK. Now I like to register her as a british born but they say I need him to sign a birth certificate or have DNA test either court papers. I have none of them and we re not in touch with my ex. He pays child maintenance and i have all evidence from her birth. Solicitors say it is not enough. Is any way to register her pls?

Regards,
elya

Elya · Post by **Elya** » Tue Aug 18, 2009 8:26 am

Thank you Vinny,
I forgot about the original post before. However, i still haven't found a solution?!
R, Elya

JAJ · Post by **JAJ** » Wed Aug 19, 2009 3:51 am

Elya wrote:Thank you Vinny,
I forgot about the original post before. However, i still haven't found a solution?!
R, Elya

The solution is very clear. If he has been accepted as the father by an official source, you need to apply for the child to be registered as a British citizen.

How did he get his British nationality?

Or you forget the idea of your child being British, at least for now.

Elya · Post by **Elya** » Wed Aug 19, 2009 9:32 am

Hello JAJ,

Thanks for your reply. I regret but i talked to dozens of solicitors. None of them want to help in this situation. Yes, he has been accepted as a father by the offical source and paying maintenance. However, they say this source is not Court. (SCA papers are not enough). They refer to UKBA website 3.1. I have to show DNA tests, Court papers or orders or so on, either he has to be in the Birth Certificate.

<How did he get his British nationality?> He was born and grown up here as all his family, parents and grantparents. Also he passed 10 years in the Army, now he is employed.

<Or you forget the idea of your child being British, at least for now.> What do you mean pls make clear for me?

I need to find more experienced in this field solicitor i think?!

R

Elya

vinny · Post by **vinny** » Wed Aug 19, 2009 11:11 am

Elya wrote:<Or you forget the idea of your child being British, at least for now.> What do you mean pls make clear for me?

JAJ wrote:The solution is very clear. If he has been accepted as the father by an official source, you need to apply for the child to be registered as a British citizen.

i.e. He's not British until he's registered.

Elya wrote:I need to find more experienced in this field solicitor i think?!

JAJ wrote: I can't say much about solicitors except that most probably don't have much experience in this area. You could try Laura Devine, http://www.lauradevine.com

Elya · Post by **Elya** » Wed Aug 19, 2009 7:47 pm

Thank you,

Actually a few months ago I talked to a solicitor from this website: http://www.lauradevine.com
Unfortunatelly, she could not help me. She told SCA papers don't prove his British Nationality bcs it is not mentioned in these papers. She told, i need prove that he is British.
I tried to buy his birth certificate, however i don't know exact things likely: his place of birth or so on.
Do you think it is worth to try to send form MN1?
R
elya

Obie · Post by **Obie** » Wed Aug 19, 2009 7:54 pm

I suspect you are going to have to try and get hold of the dad and get him to provide proof of his nationality.

You should have got him to do that before you got rid of him.

You should also have put his name on the Birth certificate, which would have helped as well.

Elya · Post by **Elya** » Wed Aug 19, 2009 8:16 pm

I tried to put his name in the Birth Certificate but was told to come with him. Actually last time i also tried to contact to him, he is not responding. It seems he doesnot want to get in touch.
Life, half british child and she is in my nationality and we can't change anything in the nearest time?!

Obie · Post by **Obie** » Thu Aug 20, 2009 12:20 am

I don't believe paternity can only be ascertained by DNA alone.

Did you add his name as the father on your Maternity Record File and on the Child Birth form?

If you did, you can use that.

You can also use the maintenance documents from the Child Support Agency as well.

You can also write a supporting note, together with his birth certificate and evidence that you had a relationship in the period leading to the child's birth.

I gathered the Secretary of state has the power to use his discretion, in cases where people don't meet all the requirements.

You can also go to the Citizen Advise Bureau and seek advise on how you can get him to provide the required information, if he refuses to cooperate.

I am sure documents from the Child Support Agency showing him paying support, together with evidence of the father's citizenship will suffice.

navbulls · Post by **navbulls** » Fri Aug 21, 2009 8:13 pm

Have you tried to get in touch with UKIAS, Further have you tried to get the father's name on the Birth certificate using documents from the Child Support Agency showing him paying support...

Even if he dosen't want to accompany you, Im sure you can convince them to add child's father name on the Birth Certificate...

Elya · Post by **Elya** » Fri Aug 21, 2009 9:19 pm

Thank you Obie,

No, i didn't add his name on Maternity Record and the Child Birth form. As I didn't know about child or family laws here. As he was not willing to have contact with me, I decided not to ask him about these things. And i deleted all my emails.

I'm going to contact Citizens Advice B. but it is not easy to get in touch with them. Try next week.

Also I will try to get his Birth Certificate. I talked to the Deedpool. They told me, I can order from them a Certificate that he changed his name long ago.

R
elya

Elya · Post by **Elya** » Fri Aug 21, 2009 9:22 pm

navbulls,

unfortunatelly, you cannot convince Council to add dad's name if he doesn't want. He has to come together with me. This is what i was told when i rang to the local council.

R
elya

mallikz · Post by **mallikz** » Thu Oct 15, 2009 1:01 pm

Are you still waiting for the Birth Certificate? or is the problem resolved? if so how?

Elya · Post by **Elya** » Tue Jan 26, 2010 1:49 pm

Hello,
I just today read your message as didn't notice the page 2.
I still haven't done anything. As solicitors don't see success here, even with his Birth Certificate.
Only one of them said, 50% chance as she hasn't met such cases before!

JAJ · Post by **JAJ** » Thu Jan 28, 2010 11:57 pm

Elya wrote:Hello,
I just today read your message as didn't notice the page 2.
I still haven't done anything. As solicitors don't see success here, even with his Birth Certificate.
Only one of them said, 50% chance as she hasn't met such cases before!

If you don't apply, the chance of success is 0%.

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