British passport cancelled

Hi everyone,
Please advice.
My 9 years old passport as been requested and cancelled as apparently they just realise he is not automatically entitled to it after find out that in 2009 when I had him I was separated but still married to a German citizen which is how I acquire my eea non family member visa in 2007. So even though I’m am with his biological father who is British and he is on the birth certificate. They have told me for nationality purpose my ex husband is his dad and his passport as been cancelled and we need to do his nationalisation. When I first applied for his passport in 2009 my status clearly state I was separated and his dad single, I have had to get his dad to do a dna test and they still come up with this. The Durham office has advised as per section 50(9A) of the British Nationality Act 1981 states, 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 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
ba) Where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
c) Where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.
It is our interpretation that the prescribed requirements, as stated in Article 3 of the British Nationality (Proof of Paternity) Regulations 2006, would only be looked at if none of the above sub-paragraphs (a) to (ba) were applicable.
You were married to ...... on 11 April 2002 and divorced him in 2015.
It therefore follows that, because you were married to ...... at the time of ....... birth, for nationality purposes, ‘father’ is determined by operation of law under sub-paragraph (a) above and ....... is deemed to be .....father.
HMPO Customer Service Management Team: 0300 123 1973 Email us at feedback@hmpo.gsi.gov.uk
Visit our website at: www.gov.uk

We cannot consider the prescribed requirements, as stated in Article 3 of the British Nationality (Proof of Paternity) Regulations 2006.
Therefore, there are no grounds to appeal this decision. The office has stated a Judicial Review can be lodged if you believe that we have not applied the correct interpretation of the law.
This further clarifies our position on the matter. Yours sincerely

You are not alone.

Try registering child under Section 3(1) or under Section 1(3) or 1(4) when applicable?

Thank you so much vinny. My son is 9 will be 10 in may. I became British citizen in 2013. Which one is more suitable? I have just been in touch with a solicitor and planning to go judiciary. Do you think this is necessary as it is a lot of money? Thank you

vinny wrote: ↑

Thu Jan 24, 2019 12:27 am

You are not alone.

Try registering child under Section 3(1) or under Section 1(3) or 1(4) when applicable?