Assistance in completing MN1 form

[kirstentully]

Good day

I am hoping someone is able to guide and assist us. Not sure if there is any other case like ours....Our daughter will be 6 years old on 28 January 2016. We applied for her British Passport based on my husband, her father being British and born in the UK. But, she is a surrogate baby. Biologically ours, but had to be adopted by us after birth.

I don't think the passport office really understood our circumstances. Our daughter was born from surrogacy because I was/am unable to carry a child. She was born prior to the new child act in South Africa (prior to April 2010), and at that time we had to adopt her in order to apply for an unabridged birth certificate with both of our names on it. The process took too long here with her original vault copy of birth being destroyed by home affairs after the adoption papers were issued. So her unabridged birth certificate was only able to be issued after the British Passport application deadline of 1 year from birth. The UK Passport office requires an unabridged birth certificate to be issued within the same year of birth.

When I queried the refusal to grant her a British Passport, they said I should first apply for British citizenship, and then reapply for the British Passport. I have read through the guide for applying for our daughter's citizenship, but I don't know how to complete the MN1 form, because although our daughter is adopted, she is still biologically our child and qualifies for a British Passport through her father. I hold a British passport after obtaining it in 1997 due to decent. (Father was British born).

We now also have twin girls who were born on 18 April 2015, also biologically our children, and through surrogacy again. However, due to the new child act, their unabridged birth certificates were immediately issued at birth with no adoption process required! So we can go straight into their British Passport application. It is just our eldest that is proving so tricky because of the word "adoption"... Any help would be greatly appreciated so that we can finalize what has taken over 5 years to try and sort out.

Thank you,
K Tully

[noajthan]

Good day

I am hoping someone is able to guide and assist us. Not sure if there is any other case like ours....Our daughter will be 6 years old on 28 January 2016. We applied for her British Passport based on my husband, her father being British and born in the UK. But, she is a surrogate baby. Biologically ours, but had to be adopted by us after birth.

I don't think the passport office really understood our circumstances.
...

Any help would be greatly appreciated so that we can finalize what has taken over 5 years to try and sort out.

Thank you,
K Tully

Form MN1 is generic and applies to all manner of applicants with different circumstances, under different sections of BNA.

A complex case such as this will need a cogent covering letter to explain all the special circumstances (plus appropriate supporting documentary evidence).

An alternate approach may be to apply for confirmation of nationality/status in the first place.
See:
https://www.gov.uk/government/publicati ... us-form-ns

Good luck.

[kirstentully]

Thank you noajthan! I shall follow your suggestion of the alternative approach!

I have all the supporting documentation to go the citizenship route, but it looks like such a long and drawn out process. My husband was born in London. Our daughter should therefore qualify without hastle for her British Passport.

One last question: Where do I find the amount of the fee and how is it payable if we are living in South Africa?
Or is there an online option for application and payment? I would then DHL a copy of the application form, along with supporting documents and photographs.

regards
Kirsten

[noajthan]

One last question: Where do I find the amount of the fee and how is it payable if we are living in South Africa?
Or is there an online option for application and payment? I would then DHL a copy of the application form, along with supporting documents and photographs.

regards
Kirsten

Here's the latest fees document (the payment form is on last page):
https://www.gov.uk/government/uploads/s ... _07_21.pdf

I think NS, as well as MN1, are done by paper form, no online option.

Good luck.

[kirstentully]

Thank you so much! I am on it.

[LEXMARK123]

Hi kirstentully,

I hope everything went well. I have just read your query and it is interesting. There are different rules applicable in your child's adoption circumstances due to surrogacy.

Please read this guidance https://www.gov.uk/government/uploads/s ... /new_1.pdf
https://www.gov.uk/government/uploads/s ... eaflet.pdf

I know it is bit difficult to understand and if you could not understand then feel free to contact me and I would be able to guide you.

Yours sincerely

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