NZ legitimacy

[bio]

Ok hopefully my last question

My daughter was born in NZ in 1991. I never married her mother and was domiciled in NZ at the time of her birth. NZ scrapped legitimacy laws in 1970 and the UKBA legitimacy document states

1.3 An illegitimate child should be regarded, for the purposes of s.47(1) of the 1981 Act, as having been legitimated by the subsequent marriage of the parents if, by the law of the place in which the father was domiciled at the time of the marriage, the marriage can be regarded as having legitimated the child. Note, though, that s . 47(1) only refers to legitimation through subsequent parental marriage - it does not extend to those who are "legitimated" by means of legislation passed by another country (see, for example, 5.1.2 below). Where a child, born illegitimate of a British citizen father, has been legitimated by operation of law rather than by the subsequent marriage of his or parents, it may be appropriate to consider registration under s.3(1) of the
Act.


5.1.2 A child born out of wedlock in New Zealand after 1 January 1970
should be regarded as legitimate, and would have a claim to
British citizenship by descent through the father, if both parents
were domiciled in New Zealand at the time of the child's birth.

Is it me or do these two paragraphs contradict each other. Does operation of law mean change in law..

[JAJ]

"Operation of law" refers (in this case) to someone born in NZ before 1970 who was legitimated by NZ law on 1.1.1970.

Are you sure you were domiciled in NZ in 1991? Take a look at the UKBA document on domicile.

Or did you get married after the birth of the child?

[bio]

Hi Jaj

Both. I have a daugthter 21 and a son 17. I am trying to sort out both UK passports... I never married the daughters mother but married my sons mother two years ago a Kiwi when my son was 15.

Yes I was domicile in NZ when they were both born. I was born in UK and grew up mostly in NZ age 6 to 17..I had immigrated with my Immediate British family as a child so had Mother Father brothers in NZ at the time of my childrens birth in NZ. I had been back to UK as a young man for 3 years before their births then returned to NZ. I had been back in NZ 4 years when my daugthter was born and 8 years when my son was born.I stayed another 14 years then moved to OZ.

The trouble is I left NZ after being there 23 years and got married in Australia. I have been living here 3 years and although I have moved lock stock and barrel and intend to stay, I had only been in OZ 1 year when we got married. I'm worried that as I have abandoned my domicile of choice I may have reverted to my domicile of origin..Doesn't my 23 year stint in NZ prove my intentions at the time of childrens birth? More than my time and intentions in OZ...? and yes I believe I am domicile in OZ now but was I when we got married...

Anyway after scanning your brilliant responses to others. I now fully comprehend legitimacy, domicile,operation of law, how to apply under the NZ legitimacy rule etc..I have printed the UKBA guidline, highlighted the relevant text, written a cover letter focussing on birth, included the marriage certificate to be recorded against the application..dug up a domicile questionairre, they are all for polygamous marriage and legitimised after marriage and was thinking of ammending the questions for childs birth instead of marriage..I was also pondering a statuatory declaration stating domicile at time of childrens birth.

I now have immediate family in UK NZ & OZ...

Is this how I should proceed for both children? I've got sore fingers and haven't showered in two weeks!

[bio]

After reading yet more..

To answer my own question

Yes.

As my children were legitimate at birth based on my domicile.They cannot be legitimated further by subsequent marriage or other means. They are both CUKC citizens by descent and were at birth...

Thanks so much Jaj..You are a godsend. A prod in the right direction makes such a massive difference...

....