Loss British citizenship

[kiss300]

Hi all,

A friend of mine reached out to me after doing a DNA on his daughter found out that her daughter was not the current husbands daughter.

The mother is wasn’t a British when the daughter was born. It was through the husband that her daughter got her British citizenship. Does the daughter lose her British citizenship since the man is no longer her father? Mum has a British citizenship now how do they go about things?

[alterhase58]

What UK status did the mother have at the time of birth?

[secret.simon]

If the mother was married at the time of the birth of the child, for the purposes of British nationality, the father of the child is the person the mother is married to at the time of the birth of the child.

Biological relationship is not relevant and not a requirement.

Was the mother married to a British citizen at the time of the birth of the child? If she was so married (the marriage certificate may be very important to prove this), then the child is a British citizen and will not lose their British citizenship.

[kiss300]

The mother was on a leave to remain visa.

[kiss300]

If the mother was married at the time of the birth of the child, for the purposes of British nationality, the father of the child is the person the mother is married to at the time of the birth of the child.

Biological relationship is not relevant and not a requirement.

Was the mother married to a British citizen at the time of the birth of the child? If she was so married (the marriage certificate may be very important to prove this), then the child is a British citizen and will not lose their British citizenship.

Mother wasn’t married yet to husband. She married him after the birth of their daughter. But mother didn’t know the daughter wasn’t for the now husband. She only got to know when daughter got ill and she needed blood. It was during the lab test that they released that daughter wasnt his. They followed up with a DNA and it confirmed it.

[kiss300]

What UK status did the mother have at the time of birth?

Mother was on limited leave to remain visa.

[secret.simon]

Mother wasn’t married yet to husband.

That considerably complicates matters.

If the parents were not married at the time of the birth of the child, the child may very well not be a British citizen.

@vinny @Obie , any thoughts on this niche issue?

[kiss300]

Mother wasn’t married yet to husband.

That considerably complicates matters.

If the parents were not married at the time of the birth of the child, the child may very well not be a British citizen.

@vinny @Obie , any thoughts on this niche issue?

The father who was then a boy friend to mother, was present at the brith certificate office to sign that the child was his. So far as the man was there, it didn’t matter if they were married or not the Law says.

[secret.simon]

The father who was then a boy friend to mother, was present at the brith certificate office to sign that the child was his. So far as the man was there, it didn’t matter if they were married or not the Law says.

Not necessarily true. Keep in mind that nationality law has its own definitions for many purposes. What may be valid for other laws may not be valid for nationality law.

Section 50(9A) of the British Nationality Act 1981 defines who the father of a child is for the purposes of nationality law.

(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.

I would say that in this case, the definition of "father" would come under the last option (c) above ((b) and (ba) apply to children born by artificial insemination/"test tube babies").

As Freemovement notes in this 2015 article, "being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried.". A government-recognised DNA test may be required.

[kiss300]

The father who was then a boy friend to mother, was present at the brith certificate office to sign that the child was his. So far as the man was there, it didn’t matter if they were married or not the Law says.

Not necessarily true. Keep in mind that nationality law has its own definitions for many purposes. What may be valid for other laws may not be valid for nationality law.

Section 50(9A) of the British Nationality Act 1981 defines who the father of a child is for the purposes of nationality law.

(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.

I would say that in this case, the definition of "father" would come under the last option (c) above ((b) and (ba) apply to children born by artificial insemination/"test tube babies").

As Freemovement notes in this 2015 article, "being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried.". A government-recognised DNA test may be required.

So does it then mean that the child losses their nationality as a British since DNA says child is not the father’s anymore? But mum is British now. Is there a way for mum to get daughter to be British?

[secret.simon]

How old is the child now?

[kiss300]

How old is the child now?

She is 10years

[Obie]

Mother wasn’t married yet to husband.

That considerably complicates matters.

If the parents were not married at the time of the birth of the child, the child may very well not be a British citizen.

@vinny @Obie , any thoughts on this niche issue?

It may help to know when the child was born.

As a child can acquire citizenship post nuptial from their father, or the woman their mother married to after their birth, if the person is a British citizen.

This is if they were born before 1 July 2006.

[Obie]

You advise on this thread seems unimpeachable. I cannot add anything substantive to it.

The child appears to have acquired nationality lawfully, and the OP need not worry herself about paternity issues.

[vinny]

How old is the child now?

She is 10years

If the child is ten, then she was born around 2012, after 2006?

Was the child’s biological father neither settled nor British at the time of child’s birth?

[kiss300]

How old is the child now?

She is 10years

If the child is ten, then she was born around 2012, after 2006?

Was the child’s biological father neither settled nor British at the time of child’s birth?

The mother of the child said the biological father of the child is not settled neither is he British. The daughter was born in 2012.

[kiss300]

Mother wasn’t married yet to husband.

That considerably complicates matters.

If the parents were not married at the time of the birth of the child, the child may very well not be a British citizen.

@vinny @Obie , any thoughts on this niche issue?

It may help to know when the child was born.

As a child can acquire citizenship post nuptial from their father, or the woman their mother married to after their birth, if the person is a British citizen.

This is if they were born before 1 July 2006.

I don’t know the exact date or month but she was born in 2012

[vinny]

So does it then mean that the child losses their nationality as a British since DNA says child is not the father’s anymore? But mum is British now. Is there a way for mum to get daughter to be British?

If child is not automatically British, then child is entitled to register.

[kiss300]

So does it then mean that the child losses their nationality as a British since DNA says child is not the father’s anymore? But mum is British now. Is there a way for mum to get daughter to be British?

If child is not automatically British, then child is entitled to register.

But her mum is now a British citizen does she still need to register for British naturalisation ?

[alterhase58]

But her mum is now a British citizen does she still need to register for British naturalisation ?

Yes - children born before mother was granted British citizenship do not automatically become British as a result.

[kiss300]

But her mum is now a British citizen does she still need to register for British naturalisation ?

Yes - children born before mother was granted British citizenship do not automatically become British as a result.

But the daughter has had a British passport for almost 10years. Does it mean she now has to do the naturalisation all over again in order for her to become a British citizen?

[vinny]

Unfortunately, a British passport does not confer British citizenship.

[kiss300]

Thank everyone