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See alsoUnder the new rules, a birth certificate would be one of a list of documents capable of evidencing paternity, but it will no longer be the prima facie proof of paternity.
For example, DNA evidence may now be submitted as part of the application to rebut the assumption that the named father is the natural father.
Other factors such as the whereabouts of a man at the time of the child’s conception may also be provided as evidence to discount the veracity of the named father on the birth certificate.
In practice this means that people who make an application for a British passport for their children on the basis that the father is British (or has Indefinite Leave to Remain) will need to provide additional evidence as proof of paternity.
Yes. In short, since 1st July 2006, the British Nationality Act 1981 says "For the purposes of this Act a child’s father is— (a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or..." , in Section 50(9A) to be precise. In such a case, the biological father is irrelevant for nationality purposes. On the other hand, it is the biological father, not the mother's husband, who gets parental rights and responsibilities.stillondedams wrote:I have since gone into another relationship, and have a child to a british father. My child was refused his british nationality because home office claims i am still married even though he is born to another father and that he has to get his nationality from the man i was "married" to at the time of his birth. Is this possible?
I doubt that this has any relevance to the OP's post. No-one has suggested that the birth certificate of the OP's youngest child is incorrect.noajthan wrote:Other factors such as the whereabouts of a man at the time of the child’s conception may also be provided as evidence to discount the veracity of the named father on the birth certificate.
Let the OP tell her story instead of second-guessing for her.Richard W wrote:I doubt that this has any relevance to the OP's post. No-one has suggested that the birth certificate of the OP's youngest child is incorrect.noajthan wrote:Other factors such as the whereabouts of a man at the time of the child’s conception may also be provided as evidence to discount the veracity of the named father on the birth certificate.
The birth certificate is correct. There is nothing that needs to be done about it.stillondedams wrote: My second son's birth cert has his father's name which is different from mine, applying for his passport under the man i have not divorced from would look ridiculous, i don't know what to do about that.
The (imminent?) legal judgement on when the retained rights begin in cases of domestic violence looks rather promising.stillondedams wrote:Thank you for your reply, i guess all i can do now is wait and see what the outcome of my application would be, if i would have to pack my bags and kids and go back to my home country. .