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Cancellation of British Citizenship
Posted: Sat Aug 07, 2021 10:49 am
by Makora
Case scenario....
Mother and daughter joined husband who's a British citizen through naturalisation. With the child born in Ghana and the father being British she automatically acquired citizenship and was given a British passport before travelling to the UK. Years later through DNA, the father has found out the child is not his and divorced the wife. The wife is also British now. My enquiry is, can the child's British citizenship be revoked and passport cancelled? Thank you
Re: Cancellation of British Citizenship
Posted: Sat Aug 07, 2021 11:02 am
by secret.simon
The DNA of the child is irrelevant if the mother was married at the time of the child.
For the purposes of nationality law, the father of a child is the husband or male civil partner of the mother of the child.
Section 50 (Interpretation) of the British Nationality Act 1981 wrote:(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 or male civil partner, 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.
So, if at the time of the birth of the child, the mother was married to a British citizen husband, he is the father of the child for nationality law and the child acquired British citizenship automatically, regardless of whether he is the biological father of the child or not.
Re: Cancellation of British Citizenship
Posted: Sat Aug 07, 2021 5:57 pm
by Makora
secret.simon wrote: ↑Sat Aug 07, 2021 11:02 am
The DNA of the child is irrelevant if the mother was married at the time of the child.
For the purposes of nationality law, the father of a child is the husband or male civil partner of the mother of the child.
Section 50 (Interpretation) of the British Nationality Act 1981 wrote:(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 or male civil partner, 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.
So, if at the time of the birth of the child, the mother was married to a British citizen husband, he is the father of the child for nationality law and the child acquired British citizenship automatically, regardless of whether he is the biological father of the child or not.
Thank you
Re: Cancellation of British Citizenship
Posted: Mon Aug 09, 2021 6:34 pm
by Richard W
secret.simon wrote: ↑Sat Aug 07, 2021 11:02 am
Section 50 (Interpretation) of the British Nationality Act 1981 wrote:(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 or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or
Technically, not so. It was the Nationality, Immigration and Asylum Act 2002 that said that. The quoted provision applies when the child was born on or after 1st July 2006, For births prior to that, the relationship of father and child only applies to the father's legitimate children (which generally includes legitimated children).
I must say that the consolidated statement of the law is extremely deceptive in this matter.
I believe case law now says that for births after that key date, the child may choose whether his mother's husband or his natural father is to be counted.