my Fear

[Casa]

@RichardW Do you see any complications with applying for an EEA passport through the husband when the birth certificate will state the child's father is British?

[Richard W]

@RichardW Do you see any complications with applying for an EEA passport through the husband when the birth certificate will state the child's father is British?

Yes, wouldn't such a British birth certificate be a forgery? Or have I missed a change?

It might not be any worse than applying for a British passport with a birth certificate naming a Ukrainian as the mother and a German as the father; a marriage certificate showing that the Ukrainian mother was married to a British father; and the latter's long form birth certificate showing he was born in 1980. You just have to remember what each rule, statement and question means by the word 'father'.

[CR001]

The OP really has gotten herself into a very complicated situation.

[Casa]

@RichardW Do you see any complications with applying for an EEA passport through the husband when the birth certificate will state the child's father is British?

Yes, wouldn't such a British birth certificate be a forgery? Or have I missed a change?

It might not be any worse than applying for a British passport with a birth certificate naming a Ukrainian as the mother and a German as the father; a marriage certificate showing that the Ukrainian mother was married to a British father; and the latter's long form birth certificate showing he was born in 1980. You just have to remember what each rule, statement and question means by the word 'father'.

I'm making the point as the OP says her current partner's name is on the birth certificate as the father. I'm assuming you mean a false declaration, not a forgery

[Richard W]

@RichardW Do you see any complications with applying for an EEA passport through the husband when the birth certificate will state the child's father is British?

Yes, wouldn't such a British birth certificate be a forgery? Or have I missed a change?

It might not be any worse than applying for a British passport with a birth certificate from 2008 naming an unsettled Ukrainian as the mother and an unsettled German as the father; a marriage certificate dated before the birth showing that the Ukrainian mother was married to a British father (according to the BNA 1981); and the latter's long form birth certificate showing he was born in 1980. You just have to remember what each rule, statement and question means by the word 'father'.

I'm making the point as the OP says her current partner's name is on the birth certificate as the father. I'm assuming you mean a false declaration, not a forgery

No, I'm sticking my neck out and saying that British birth certificates don't show nationality. (I haven't registered any births recently.) I've amended my example (in red) to make it clearer.

[Casa]

I'd (perhaps mistakenly) assumed that in order to apply for the child's EEA passport the EEA national husband would have to submit a copy of his passport together with the child's birth certificate...which would show a different father.

Regarding the child registering as British, it appears that the rules changed in 2009 and under section 50 the husband is no longer automatically considered to be the child's father for nationality purposes.
From 6 April 2009 the definition of parent for nationality purposes under section 50 will be as follows:
the ‘mother’ is the woman who gives birth to the child, and
the ‘father’ is either:
(a) the mother’s husband, if any at the time of the child’s birth,
(b) any person who is treated as the father under section 35 or 36 of
the Human Fertilisation and Embryology Act 2008 or
(ba) a woman who is treated as a parent of the child under section 42
or 43 of the Human Fertilisation and Embryology Act 2008 (second
female parent), or
(c) if none of the above applies, a person who is proved to be the father
by production of either
(i) a birth certificate identifying him as such, and issued by the
competent registration authority within 12 months of the birth of the
child, or
(ii) such other evidence, such as a DNA test report or court order as
may satisfy the Secretary of State.


Unless of course the existence of a husband (although absent) overrides c(i) & c(ii)

[CR001]

I'd (perhaps mistakenly) assumed that in order to apply for the child's EEA passport the EEA national husband would have to submit a copy of his passport together with the child's birth certificate...which would show a different father.

Regarding the child registering as British, it appears that the rules changed in 2009 and under section 50 the husband is no longer automatically considered to be the child's father for nationality purposes.
From 6 April 2009 the definition of parent for nationality purposes under section 50 will be as follows:
the ‘mother’ is the woman who gives birth to the child, and
the ‘father’ is either:
(a) the mother’s husband, if any at the time of the child’s birth,
(b) any person who is treated as the father under section 35 or 36 of
the Human Fertilisation and Embryology Act 2008 or
(ba) a woman who is treated as a parent of the child under section 42
or 43 of the Human Fertilisation and Embryology Act 2008 (second
female parent), or
(c) if none of the above applies, a person who is proved to be the father
by production of either
(i) a birth certificate identifying him as such, and issued by the
competent registration authority within 12 months of the birth of the
child, or
(ii) such other evidence, such as a DNA test report or court order as
may satisfy the Secretary of State.

Thank you Casa, I knew it had changed and was looking for this earlier but wasn't sure when it changed and didn't want to respond until I could confirm.

[Casa]

I'd (perhaps mistakenly) assumed that in order to apply for the child's EEA passport the EEA national husband would have to submit a copy of his passport together with the child's birth certificate...which would show a different father.

Regarding the child registering as British, it appears that the rules changed in 2009 and under section 50 the husband is no longer automatically considered to be the child's father for nationality purposes.
From 6 April 2009 the definition of parent for nationality purposes under section 50 will be as follows:
the ‘mother’ is the woman who gives birth to the child, and
the ‘father’ is either:
(a) the mother’s husband, if any at the time of the child’s birth,
(b) any person who is treated as the father under section 35 or 36 of
the Human Fertilisation and Embryology Act 2008 or
(ba) a woman who is treated as a parent of the child under section 42
or 43 of the Human Fertilisation and Embryology Act 2008 (second
female parent), or
(c) if none of the above applies, a person who is proved to be the father
by production of either
(i) a birth certificate identifying him as such, and issued by the
competent registration authority within 12 months of the birth of the
child, or
(ii) such other evidence, such as a DNA test report or court order as
may satisfy the Secretary of State.

Thank you Casa, I knew it had changed and was looking for this earlier but wasn't sure when it changed and didn't want to respond until I could confirm.

The source:
https://www.gov.uk/government/uploads/s ... policy.pdf

[Richard W]

The source:
https://www.gov.uk/government/uploads/s ... policy.pdf

If you look at that source again, you'll see that the change as far as natural procreation is concerned came in on 1st July 2006. Condition (c) has collapsed to a requirement to satisfy the Secretary of State for births (I think actually registrations, to be precise) after some time in mid 2015, with the frightening literal statement that the father has to satisfy the Secretary of State as to the facts. This would be the legal basis for now demanding DNA tests for recent births.

The 2000 change was part of the raft of changes that eliminated legitimacy and legitimation from the BNA 1981 for births after 1st July 2006. These changes did nothing for claims from natural fathers for illegitimate children born to married mothers, but the Immigration Act 2014 allows such claims for births before 1st July 2006. One may either view these changes as unduly generous, or as creating new victims of injustice, such as Lovety23's baby son.

[Richard W]

Regarding the child registering as British, it appears that the rules changed in 2009 and under section 50 the husband is no longer automatically considered to be the child's father for nationality purposes.

I take it "No longer" is a typo for "now". What was once an almost unchallengeable presumption, but became far more challengeable with scientific advances, has now been made unchallengeable for the purposes of the nationality law.

[lovety23]

thanks u guys for ur wonderful input am now understood where i stand for my status but am still in doubt regarding my child status .

Please help me with the following questions:

1,Is my curent partner cant apply for British passport for our son despite he is registered on the birthday certificate and DNA has also confirm that he is the biological father? i dnt seem to understand some quotation and section that u wonderful members reply.

2 IF I have to register my son in the future for british citizen after I acquire my permanent residence as some members and moderators suggested. Do I have to get him my home country passport or

3 will home office except uk birth certificate for registration ? once again thanks u guys God bless u for ur time taken to reply my doubt.

[Richard W]

I'm not sure about the exact documents for form MN1, so I will leave it to someone more likely to give you the correct answer. I know it is possible for a stateless person to register as British using form UKF, but I don't know about people who have never needed a passport but could get one.

1,Is my curent partner cant apply for British passport for our son despite he is registered on the birthday certificate and DNA has also confirm that he is the biological father? i dnt seem to understand some quotation and section that u wonderful members reply.

The law is different for mothers with and without a husband. For mothers with a husband, the children born to them while married are treated as their husband's children for the acquisition of British citizenship by right. However, when registering at discretion, biological fathers may also be taken into account. Additionally, for cases covered by form UKF, the biological father is treated as the father.

For mothers without a husband, first the laws relating to artificial treatments are taken into account. If there is no father according to these law, then the biological father is treated as the father.

[Casa]

A UKF application is not appropriate in the OPs situation. This is an application for children born before July 2006 to parents who were not married at the time of the birth.
UKF:
You will be entitled to registration if:
 you were born before 1 July 2006, and
 your mother was not married to your natural father
 you have never been a British citizen
 you would have become a British citizen automatically if your parents
had been married (see below), and
 the Secretary of State is satisfied that you are of good character.

[CR001]

I'd (perhaps mistakenly) assumed that in order to apply for the child's EEA passport the EEA national husband would have to submit a copy of his passport together with the child's birth certificate...which would show a different father.

Regarding the child registering as British, it appears that the rules changed in 2009 and under section 50 the husband is no longer automatically considered to be the child's father for nationality purposes.
From 6 April 2009 the definition of parent for nationality purposes under section 50 will be as follows:
the ‘mother’ is the woman who gives birth to the child, and
the ‘father’ is either:
(a) the mother’s husband, if any at the time of the child’s birth,
(b) any person who is treated as the father under section 35 or 36 of
the Human Fertilisation and Embryology Act 2008 or
(ba) a woman who is treated as a parent of the child under section 42
or 43 of the Human Fertilisation and Embryology Act 2008 (second
female parent), or
(c) if none of the above applies, a person who is proved to be the father
by production of either
(i) a birth certificate identifying him as such, and issued by the
competent registration authority within 12 months of the birth of the
child, or
(ii) such other evidence, such as a DNA test report or court order as
may satisfy the Secretary of State.

Thank you Casa, I knew it had changed and was looking for this earlier but wasn't sure when it changed and didn't want to respond until I could confirm.

@RichardW, your are advising incorrectly regarding the husband being the child's father due to the marriage. This changed in 2009 as Casa has pointed out already earlier in the thread, which you seemed to have missed or ignored.

The mother has proof of the paternal aspect in the form of DNA and on the child's birth certificate. Child can apply for a passport directly as the father is British (even though not married to the mother).

UKF is completely irrelevant to this situation, as casa has pointed out again (after I had already).

[Richard W]

@RichardW, your are advising incorrectly regarding the husband being the child's father due to the marriage. This changed in 2009 as Casa has pointed out already earlier in the thread, which you seemed to have missed or ignored.

Perhaps you will find the current text of the British Nationality Act 1981 Section 50(9A) easier to follow:

(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.

If he exists, the mother's husband at the time of a birth on or after 1st July 2006 is the father for the purposes of British nationality law.

The mother has proof of the paternal aspect in the form of DNA and on the child's birth certificate. Child can apply for a passport directly as the father is British (even though not married to the mother).

Strictly speaking you are correct. However, if the Passport Office suspect that the mother is married, there may be some serious trouble. I'm not sure about gaol time. What would happen if the error were discovered in 20 years time?

UKF is completely irrelevant to this situation, as casa has pointed out again (after I had already).

It happens to be one case I know of where no passport was provided in a successful application for registration. Perhaps you know of better examples, i.e. with form MN1.

[lovety23]

Thank u all for ur respond am taken down relevant notes on this situation i found my self for the best of me and my child . Through reading ur respond am considering to wait until i sort my self out by either secure a R.O.R or permanent residence then I can resgister my son using form MN1. Question: is this a gud idea ? some one told me that i can amend the birthday certificate within one year of issue by removing my curent partner and leave my name only on the birth certificate wil that work ? had i know my son cannot be British through my curent partner i wil not have put his name down on the birth certificate .One member said if my curent partner apply for passport for my son and the passport office find out am maried there wil be big trouble i dnt understand that content exactly what wil be the trouble as father is the biological father of the child .once again thank u guys for ur wonderful input .God bless u.

[Richard W]

One important point that I have completely overlooked is that so long as your son does not go abroad, he will not require permission to remain in the UK, whatever happens to your status. It's not an entirely satisfactory position, as in the future someone might be charged for his NHS treatment. At present, he is exempt because of your husband's status as a qualified person under the EEA regulations.

some one told me that i can amend the birthday certificate within one year of issue by removing my curent partner and leave my name only on the birth certificate wil that work ?

What do you expect it to achieve? One benefit is that it might enable your son to have an EEA citizenship. For example, if your husband is German, I think that would make your son German, but you should not trust my opinion on this. It is said that German law is confused on this matter. If your husband is Swedish (I may have my nationalities confused), it might not work, for under Swedish law, anyone may challenge paternity. I am not at all sure that getting your son an EEA nationality would improve your immigration status, for their is always the possibility of your son living with his biological father. In any case, your husband might challenge a claim that he is the legal father under the law of his country, and your son would then lose his claim to an EEA citizenship.

One member said if my curent partner apply for passport for my son and the passport office find out am maried there wil be big trouble i dnt understand that content exactly what wil be the trouble as father is the biological father of the child .

It is a criminal offence to knowingly make a false statement on a passport application. The application will claim that your son is British. One ought also to worry about what the passport application means by 'father'. However, I can't find a relevant definition in the passport application information! Moreover, as Casa and CR001 on one hand and I on the other hand disagree on the meaning of the definition of 'father' in the British Nationality Act 1981 (as amended in 2006 in response to the Nationality, Immigration and Asylum Act 2002 - subsequent amendments are irrelevant), perhaps you would get away with it if you applied for a British passport for your son.