The Regulations say:50(9) For the purposes of this Act a child's mother is the woman who gives birth to the child.
(9A) 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
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or
(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.
AIUI, the new provisions affect only children born on or after 1 July. People born out of wedlock before then will continue to be able to benefit from the existing legitimation provisions in section 47 of the Act, if their parents marry after their birth.1. These Regulations may be cited as the British Nationality (Proof of Paternity) Regulations
2006 and shall come into force on 1st July 2006.
2. The following requirements are prescribed as to proof of paternity for the purposes of section
50(9A)(c) of the British Nationality Act 1981—
(a) the person must be named as the father of the child in a birth certificate issued within one
year of the date of the child’s birth; or
(b) the person must satisfy the Secretary of State that he is the father of the child.
3. The Secretary of State may determine whether a person is the father of a child for the purpose
of regulation 2(b), and for this purpose the Secretary of State may have regard to any evidence
which he considers to be relevant, including, but not limited to—
(a) DNA test reports; and
(b) court orders.
And I presume the present IND policy of registering illegitimate children of BC fathers where no marriage has taken place, will continue for the next 18 years or so, until there are no more illegitimate minor children left to benefit from it.
Can anyone spot the loophole in the new rules?