Uk Citizenship For Child Who's British Mother Died

[Boo]

An old friend of mine from Philippines but living in Thailand long term was legally married to a British woman also living long term in Thailand.

In 2005 they legally adopted a baby boy from the Philippines but before she could do the relevant checks & arrange the babies British citizenship she died of cancer.

The child was only 2 years old at the time & the dad has now remarried & has another natural child with his Phillipino wife but would like his son to get his citizenship in case of wanting to study or work in UK in future.

Does anyone have any advice or suggestions on how he can go about sorting this out?

Thanks

[Mario2008]

That would depend on British adoption laws, what they provide for about the citizenship of the child in case of an adoption. Suggests he contacts an adoption agency in the UK to get a proper answer.

[torrenova]

In 2005 they legally adopted a baby boy from the Philippines but before she could do the relevant checks & arrange the babies British citizenship she died of cancer.

I don't know but would suspect that if the adoption was finalised, completed and legal then the rights of the baby would be established there and then. I know some UK laws, inheritance for example, include adoptive children as equals from the date of adoption.

This may provide a starting point http://www.ukba.homeoffice.gov.uk/britishc.../adoptedabroad/

Children adopted abroad by parents who are British citizens – section 3(1) application

British citizen

This page explains how a child adopted abroad by parents who are British citizens can meet the requirements to be registered as a British citizen.

Applications for registration will be considered at our discretion under section 3(1) of the British Nationality Act 1981 if:

* the adoption took place in a territory named in the Adoption (Designation of Overseas Adoptions) Order 1973; and

* at least one of the adoptive parents is a British citizen otherwise than by descent; and

* both adoptive parents have given their formal consent to the registration. There may be cases when it is not necessary for both parents to give consent. These cases are detailed on the completing the application form page; and

* if the child is aged 10 or over they are of good character; and

* we are satisfied that the relevant adoption laws have been followed in both the country where the adoption took place and the country where the child and parents will be living; and

* we are satisfied that the adoption was not arranged simply to allow the child's entry into the United Kingdom.

Before making an application, you should make sure the child meets as many of the criteria above as possible and provide all the evidence you have to support the child's claim. Full details of the evidence we require can be found on the supporting documents page.

[anon345535]

try this email.

[email protected]

[ThaiLawOnline]

You must contact the Embassy and ask them. I'm sure they will be helpful and they know about these questions.

We did a similar case for a Thai-Canadian child. The Canadian father died and the process to get Canadian citizenship was done after hid death. The father's name was on the birth certificate, but the parents weren't married and the child only had Thai citizenship.

UK laws are probably very similar to Canadian laws about that. In that case, we had to do a DNA test to prove the blood relationship. The DNA test was done with a sample from the grandfather of the child, in Canada, and a sample of the child in Thailand. It was sent to a laboratory in Canada.

We use the results in Thailand and submitted the documents to the Canadian Embassy in Bangkok. In Canada, you can get citizenship based on the citizenship of your parents. Dead or alive is irrelevant about Canadian laws. It's just more complicated to establish the link between parents and children when they are not there anymore...

In your case, it's an adoption. More complicated and you really have to check what criteria are used to establish citizenship in UK.

http://www.bia.homeoffice.gov.uk/britishcitizenship/

Good luck.