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Child born in Philippines, is he entitled to a BP?
Posted: Wed Aug 09, 2017 8:04 am
by Kathdudette
Me and my British Partnes has a son. He's born in the Philippines.
I wonder if it is possible for him to get our son a passport in the UK? Or should it be here in the British Embassy in Manila? Also is it better if I register him as British Citizen in the embassy first or get him a passport first?
And here is my biggest dilemma. I was married to a British guy before. We are not yet divorced. We have been separated now for almost four years. We will do my annulment next year.
Would me being married affect my son,s passport applixation? Would they require my CENOMAR in registering my sons birth in British Embassg Manila?
Thank you for all who will respond to this post.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Thu Aug 10, 2017 6:58 am
by Kathdudette
Kathdudette wrote:Me and my British Partnes has a son. He's born in the Philippines.
I wonder if it is possible for him to get our son a passport in the UK? Or should it be here in the British Embassy in Manila? Also is it better if I register him as British Citizen in the embassy first or get him a passport first?
And here is my biggest dilemma. I was married to a British guy before. We are not yet divorced. We have been separated now for almost four years. We will do my annulment next year.
Would me being married affect my son,s passport applixation? Would they require my CENOMAR in registering my sons birth in British Embassg Manila?
Thank you for all who will respond to this post.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Thu Aug 10, 2017 7:23 am
by secret.simon
Kathdudette wrote:I was married to a British guy before. We are not yet divorced. We have been separated now for almost four years. We will do my annulment next year. Would me being married affect my son,s passport applixation? Would they require my CENOMAR in registering my sons birth in British Embassg Manila?
That may cause an issue. For the purposes of British nationality, the father of the child is the husband of the mother at the time of the birth of the child. So, your child may be eligible for British citizenship from your British husband, not from your British partner and you may require your husband's assistance in applying for your child's passport.
Section 50 (Interpretation) of the British Nationality Act 1981 wrote:
(9A) 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.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Fri Aug 11, 2017 2:44 am
by Kathdudette
My ex of a husband has never been very helpful. Even before when I asked him about paying for the annulment. He won't do it. Would me asking him to get a divorce for us - would that make my current situation better?
I really don't know what to do now. Would a paternity test or blood test be sufficient enough as a document to prove that my current partner is the father.? Please enlighten me. Anybody who has been in this situation before? What did you do?
Thank you for the response by the way.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Fri Aug 11, 2017 3:04 am
by vinny
A divorce after child's birth
wouldn't affect
(9A)(a).
However, if necessary, then
registration may be possible.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Fri Aug 11, 2017 4:16 am
by Kathdudette
So you mean even when I am divorced with my child being born whislt I was still married to my previous husband - still make my previous husband "considered his father because of our marriage bond"?
That's ridiculous. He isnt the one on the birth certificate? And how will he then become the son of his real father? By adoption? Or should we just apply for adoption. I mean adopting his own son! Surely there's some loophole in that law. Like children's right to citizenship even though if he was well illigitimate?
Please enlighten. Thank you.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Fri Aug 11, 2017 8:50 pm
by Richard W
However, if the husband was born in the UK, registration (at discretion) should be refused, because the child is already British. However, if he was born outside the UK, the child is unlikely to be British. So, where was the father born, and at the time of birth, was he working for any organisation associated with the British government (including international agencies)?
For most purposes in British law, the boy is the son of his natural father. Nationality law is one of the exceptions.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Sat Aug 12, 2017 3:05 am
by JAJ
Agreed- the father for nationality purposes is the man to whom the mother was married.
Is it so difficult to establish a nationality claim for the child? You have your marriage certificate, plus some evidence you're still legally married (court/separation documents, etc.) and assuming he was born in the U.K. you should be able to order a copy of his birth certificate without needing permission.
With this information- you should be able to apply for a British consular birth certificate (which acts as proof of British citizenship).
https://www.gov.uk/register-a-birth
After that- a British passport.
Re: Child born in Philippines, is he entitled to a BP?
Posted: Sat Aug 12, 2017 12:32 pm
by Obie
That policy seems inconsistent with Johnson, and will be seen as favoring a married relationship over an unmarried one, and will be inconsistent with a child's identity and breach of their right to private and family life.
I accept the views expressed by Vinny and other as the correct position in British Law, however i do not believe that this is consistent with Article 8, and the discrimination provision.
If there is conclusive proof that a person is the father of a child, simply ignoring this fact and forcing a nationality on the child on the basis of a father, to whom he or she has no link, other than the misfortune of his or her mother having been married to another person, will be wrong. It will also amount to discrimination on ground of gender, as it will not affect men married to other women, but will affect women who had married to other men. This discrimination on ground of gender will not be tolerated in law.