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British Nationality: Fathers

Home Office written question – answered on 5th December 2018.

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Photo of Dan Jarvis Dan Jarvis Labour, Barnsley Central

To ask the Secretary of State for the Home Department, if he will bring forward legislative changes to the British Nationality Act 1981 to ensure that biological fathers are recognised for nationality purposes in cases where the biological mother is not a British citizen.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

The British Nationality Act 1981 (BNA 1981) already provides for biological fathers to be recognised as the father for nationality purposes where the mother is not married to another man and proof of paternity has been established.

In cases where the mother is married to a man other than the biological father and that biological father is a British citizen or settled in the UK, a child can apply for registration as a British citizen under section 3(1) of the BNA 1981.

We are aware of the case of K (A child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin)(18 July 2018) and are considering the impact of this.

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