British Citizenship

[mpdkorat]

The Facts

1) Thai girl has child with British male (Not Married)

2) Do not live together

3) Thai girl takes British guy to a Thai court to gain financial support

4) British guy agrees to pay a monthly amount and signs in the court that the child is indeed his.

5) British guy also gains joint custody of the child and has visitation rights.

Baring in mind that in the past the the guy was not that willing to stand by his child, what is the procedure for the mother to go about gaining the child British citizenship.

[vinny]

I am assuming that the child was born in Thailand. When was the child born and is the father British "otherwise than by descent"?

See also Consular Birth Registration and Baby Born One Day Too Soon For A British Passport, ......left without citizenship.

Unfortunately, the British Embassy have not yet updated their Consular Birth Registration webpage to reflect the better changes in the Law relating to unmarried UK fathers and their children born on or after 1 July 2006. However, the Home Office have updated their information on Legitimacy and Meaning of "parent" (Chapter 6: General Information, Annex F: Explanation of terms, section 22).

However, if the child was born prior to 1 July 2006, then:

British Fathers, who are not married, can now apply to register children who are born abroad, with the Home Office. It must be noted this is discretionary. Those applying should expect to receive a decision in 6 months. The fee for this will be £200 plus Baht 3,075 please ask us for form MN1. The fee is not refundable.

[mpdkorat]

I am assuming that the child was born in Thailand. When was the child born and is the father British "otherwise than by descent"?

See also Consular Birth Registration and Baby Born One Day Too Soon For A British Passport, ......left without citizenship.

Unfortunately, the British Embassy have not yet updated their Consular Birth Registration webpage to reflect the better changes in the Law relating to unmarried UK fathers and their children born on or after 1 July 2006. However, the Home Office have updated their information on Legitimacy and Meaning of "parent" (Chapter 6: General Information, Annex F: Explanation of terms, section 22).

However, if the child was born prior to 1 July 2006, then:

British Fathers, who are not married, can now apply to register children who are born abroad, with the Home Office. It must be noted this is discretionary. Those applying should expect to receive a decision in 6 months. The fee for this will be £200 plus Baht 3,075 please ask us for form MN1. The fee is not refundable.

The father was born in the UK and the child was born in Thailand before July 2006.

Thanks for the reply Vinny

Edited October 27, 2006 by mpdkorat

[Governor]

Yet another scenario.

My girlfriend, of two years, has a child from a previous relationship, she is six years old and regards me as her father, though her natural father is Thai.

My girlfriend and I are marrying in the new year and I wish to adopt the child. Can anyone advise on the process and could she in due course apply for a UK passport, though we will live in Thailand.

Cheers

[Maizefarmer]

I was about to say yes - and I still think the answer is yes - but the fact that you will be living in Thailand and mom is Thai, I can see slowing the whole process down.

If you were living in the UK - different story the answer then would be a striaght unquestionable yes, as the law specifically caters for children adopted by UK citizens who are UK residents to adopt UK nationality, and although I am certain she will in due course qualify, I would think the hurdles to be jumped over and the hoops to be jumped through will turn out to be somewhat different had you all been living in the UK.

Tim

[vinny]

See also INTER-COUNTRY ADOPTION AND THE IMMIGRATION RULES - HOME OFFICE LEAFLET:

Will my adopted child be a British Citizen?

28 If your child was adopted by order of a court in the United Kingdom, (including, for this purpose, the Channel Islands and the Isle of Man), or in any British overseas territory except the British Sovereign Base Areas on Cyprus and at least one of the adoptive parents was a British Citizen at the time the adoption order was made, then the child will automatically become a British Citizen. In law they will become a "British Citizen other than by descent" which is the same as if they had been born in the United Kingdom to a British Citizen parent. This means that they can pass on British Citizenship to any children they have.

29 If your child's final adoption order is certified as having been made in accordance with the terms of the Hague Convention on inter-country adoption and at least one of the adoptive parents was a British Citizen at the time the adoption order was made and the adopting parent, (or in the case of a joint adoption both adopting parents), was (were) habitually resident in the United Kingdom at the time of the final adoption order, then the child will automatically become a British Citizen. Again they will become a British Citizen "other than by descent" which is the same as if they had been born in the United Kingdom to a British Citizen parent. This means that they can pass on British Citizenship to any children they have. Please note that Convention interim adoption orders or orders entrusting a child to be brought into the United Kingdom for adoption here do not confer British Citizenship on the child.

30 Adoption in any other circumstances will not result in the adopted child acquiring British citizenship automatically. The child's only avenue to citizenship will be by way of a successful application for registration under section 3(1) of the British Nationality Act 1981. Registration under this section is entirely at the discretion of the Home Secretary. An application will normally be approved if the following criteria are satisfied:

* one of the adoptive parents or the sole adopter is a British Citizen otherwise than by descent, (i.e. by virtue of his or her birth, adoption, registration or naturalisation in the United Kingdom); and

* the adoptive parent(s) have signified their consent to the registration; and

* the Secretary of State is satisfied that the adoption is not one of convenience arranged to facilitate the child's admission to or stay in the United Kingdom; and

* either the adoption is recognised in the United Kingdom or the Secretary of State is satisfied that there has been a genuine transfer of parental responsibility on the grounds of the original parents' inability or unwillingness to care for the child.

31 Registration under Section 3(1) of the British Nationality Act confers "British Citizenship other than by descent" upon the child. This is the same status as if they had been born in the United Kingdom to a British Citizen parent. This means that they can pass on British Citizenship to any children they have.

32 Application forms are available from the Nationality Directorate, (contact details are below), or from any British Diplomatic Post. If the applicant, i.e. the adopted child, is in the United Kingdom on the date of application, the application should be sent direct to the Nationality Directorate. If the child is abroad, the application should be made to the nearest Diplomatic Post.

32 British Citizens are not subject to control under United Kingdom Immigration legislation, but they must be able to prove their status when seeking admission to this country. This may be done by producing either a United Kingdom passport which describes the holder as a British Citizen or a certificate of entitlement to the right of abode.

Edited October 27, 2006 by vinny