Form MN1/ Child born when mother married

[191108]

Hi everyone,

I hope you can help me about my situation.
I want to register my daughter as a British Citizen using form MN1.
She was born on 2015 in the UK BEFORE I got ILR. I was granted ILR in 2017.
The mother of my daughter was married to an other man at the time of the child birth. We are living together now 6 years but not married because still she is married to her estranged husband. I want to know if there is any problem about our situation, do you think my daughter will have a problem to get bristish citizenship because her mother is still married to a different man rather than biological father? Any help would be greatly appreciated. Thanks a lot.

[Casa]

Children born on or after 1 July 2006
For a child born on or after 1 July 2006. The following can meet the definition of
father for British nationality purposes:
• the mother’s husband, if any, at the time of the child’s birth
• any person who is treated as the father under section 28 of the Human
Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human
Fertilisation and Embryology Act 2008
• a person who is treated as a parent of the child under section42 or section 43
of the Human Fertilisation and Embryology Act 2008 (second female parent)
• if none of the above apply, a man who can be proved to be the father by the
production of either:
- a birth certificate identifying him as such, issued within 12 months of the birth
of the child (where the birth was registered before 10 September 2015)
- other evidence, such as a DNA test report, court order or birth certificate that
demonstrates paternity

https://assets.publishing.service.gov.u ... 2.0EXT.pdf

[Obie]

May need to register child under section 3(1) discretionary provision.

[191108]

Ok thanks a lot for your reply. If I understood correctly, the mothers’ husband is recognised as the father of the child, and not the biological father, is that right?
Do you think that we can’t apply under section 1(3) for my daughter’s registration?
I’m the biological father and my name is on the birth certificate.
For example, if my partner divorce from her estranged husband, will my daughter be able to be registered as British?
Thanks again for your help, I’m very confused with everything!

[Obie]

Divorce will have no effect. In the eyes of the citizenship law, the father is the man to whom she is married at time of birth.

[191108]

Thanks Obie, now it’s more clear for me. Do you think my daughter will not be able to get citizenship? Because it’s not fair, I’m the biological father and she can’t get citizenship through me. Thanks a lot your help