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British citizenship?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Erk178
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South Africa

British citizenship?

Post by Erk178 » Mon Jan 28, 2019 11:09 am

I was born in South Africa in 1972 and given up for adoption at birth - it was a closed adoption and for all intents and purposes my adoptive parents became my legal parents. The only information given to my adoptive parents was that my biological father was British and my biological mother was Rhodesian. This info was given since I was forced to become a naturalized South African and perhaps as an explanation as why my adoptive parents would be receiving such a certificate. The vault copy of my birth certificate lists my (adoptive) parents as my parents, it makes no mention of any adoption.

My (adoptive) mother was born in South Africa in 1941 to British parents who came to South Africa in 1940 because of WW2. My maternal grandparents were both born in Scotland - my grandfather in 1916 to Scottish parents and my grandmother in 1919 to Irish parents. My mother lived and worked in the UK in the early 1960s and says she had a British passport but has no documentation to support this.

I have the original birth certificates of both grandparents, their marriage certificate, my mother’s birth certificate and marriage certificate and the vault copy of my birth certificate. In terms of adoption, South Africa is listed as a country for Recognitions of Overseas Adoptionns in 1973 so this could possibly apply to 1972. But my argument is that my adoptive mother is my mother as all documentation relating to my birth lists her as my mother. Do not see how I can apply though my biological parents (which is what the law seems to say) when the adoption was legal and gave all responsibility and liability to my adoptive parents who are and always have been my legal parents and when both my biological parents chose (by giving me up for adoption at birth) to have nothing to do with me. For the past 3 years I have been trying to obtain information about my biological parents but no South African governments has responded to any request for the information.

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CR001
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South Africa

Re: British citizenship?

Post by CR001 » Mon Jan 28, 2019 11:36 am

Unclear what your question is.

Unless your adoption was one under the hauge convention rules, you can't claim British citizenship through your adoptive parents UK line. I tried this on form UKM for my mother but it was refused as the adoption wasn't recognised for nationality purposes, she was adopted by a British born mother but it was kot a Hague convention adoption and it was kot registered with the British embassy. She did get an ancestry visa though without any problems.

Not sure about a claim through your biological father.

You can however apply for an UK ancestry visa through your adoptive grand parents if they are UK born.
Char (CR001 not Casa)
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Erk178
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Posts: 2
Joined: Mon Jan 28, 2019 10:08 am
South Africa

Re: British citizenship?

Post by Erk178 » Mon Jan 28, 2019 5:53 pm

So basicalły because a closed adoption mybiological parents have all legal ties severed and I am not allowed access to or knowledge of my biological parents (prior to turning 18 so was legally not entitled or enabled to claim citizenship prior to turning 18) and my adoptive parents are my legal parents (as I said my vault copy of my original birth certificate only lists my adoptive parents) BUT UK says so what, your legal parents are not your parents, you must go through your biological parents who abandoned me at birth and severed all ties with me! If the laws in terms of which I was adopted state that my adoptive parents become my legal parents for all intents and purposes and The UK recognized my adoption as valid in terms of the The Adoption (Designation of Overseas Adoptions) Order of 1973 which lists South Africa, why can I not claim through my adoptive mother who has been my legal parent from birth.

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CR001
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Re: British citizenship?

Post by CR001 » Mon Jan 28, 2019 6:08 pm

I'd your adoptive mother register your "birth" at the British embassy?? You didn't answer the question.

I was also merely explaining the difficulties and failure, I have had trying to do this for my mother.

I will leave others to comment further.

Good luck.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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