UK Citizenship Thai-British Baby

[dman]

Hello

Asking for advice from my British neighbors. My wife's niece had a baby girl with her British boyfriend one year ago. They were supposed to marry but that fell through. She is in the medical field and works/lives in BKK, not a bar girl if that matters) anyway to the point. How does she go about getting her daughters UK citizenship. I don't know if the boyfriend is still in BKK or is involved with his baby in any way. Can she go this on her own with the British embassy and having the proper paperwork. She is not looking for child support and is fully taking care of the baby on her own with family support. Thanks in advance. Cheers DD

[7by7]

As the child was born after 1 July 2006 she will have inherited British citizenship from her father, even though he and her mother were not married and still aren't.

Provided the father is British otherwise than by descent.

There are basically two forms of British citizenship; British by descent or British otherwise than by descent.

British by descent means that you inherited your British nationality from one or both of your parents; usually because you were born outside the UK or a qualifying territory.

British nationality can only descend one generation, so if you are British by descent then your children will only be British if they qualify in their own right by being born in the UK or a qualifying territory; unless their other parent is British otherwise than by descent.

British otherwise than by descent means that you are British in your own right; usually because you were born in the UK or a qualifying territory and at least one of your parents was, at the time of your birth, British or legally settled in the UK or the qualifying territory where you were born, or by some other means such as naturalisation.

If you are British otherwise than by descent then your children will be British no matter where they are born and no matter the nationality of the other parent.

However, to get a British passport for the child I think she will need the cooperation and assistance of the child's father as, among other documents, he needs to provide his long form birth certificate to show whether he is British otherwise than by descent or not.

It may be possible, though, for her to obtain this from the General Records Office herself. (Note that link is if he was born in England or Wales. Follow the appropriate link from there is he was born in Northern Ireland or Scotland.)

See Overseas British passport applications for how to apply and guidance.

Edit:

Forgot to ask; is he named as the father on the child's birth certificate?

[7by7]

Forgot to say that the mother can apply to register the birth with the UK authorities.

Doing so wont effect her daughter's British nationality, she's either British or she isn't, but it will confirm it if she needs to do so at some future point.

However, to do this she will, again, need the father's assistance as documents from him are required.

See Register a birth abroad

[bobrussell]

Much easier if the father is named on the birth certificate!

Why not ask for some form of child support? It takes two to tango and it is perfectly correct for both parents to support a child. It may be a futile exercise to actually get money but trying seems perfectly appropriate IMO!

[dman]

Forgot to say that the mother can apply to register the birth with the UK authorities.

Doing so wont effect her daughter's British nationality, she's either British or she isn't, but it will confirm it if she needs to do so at some future point.

However, to do this she will, again, need the father's assistance as documents from him are required.

See Register a birth abroad

Thanks for the detailed explanation.

The baby is using the fathers surname.

I am the only one who sees this as a very important issue and have been pushing my wife to get her niece to pursue this now rather than waiting 5-10 years.

[dman]

Much easier if the father is named on the birth certificate!

Why not ask for some form of child support? It takes two to tango and it is perfectly correct for both parents to support a child. It may be a futile exercise to actually get money but trying seems perfectly appropriate IMO!

I agree 100% but she does not seem interested in pursuing child support or getting the childs UK birthrite squared away. I seem to be the only one in the family that sees the citizenship issue as very important, although my wife and the girls mother are starting to realise the importance. Thanks for the comments. Cheers

[7by7]

Whether or not her birth is registered in the UK and/or her mother obtains a British passport for her, as I said above, provided the father is British otherwise than by descent the child is already British.

But if her mother does nothing now, she may have a problem proving it in the future!

You say that she has her fathers name; but is he named as the father on the birth certificate?

If he is contactable and willing to provide the necessary documents then my advise is to get it all sorted now.