what is the latest legistlation on citizenship in the UK with regards to a newborn?

Answer 1

Luvfactor is correct except in one regard - the British nationality rights of child born out of wedlock to a foreign mother and a Brit father is now changing. There are specific dates involved. If you keep this question open until Friday then I'll try to remember to look the info up when next at work. I have an email on this very subject. Can you flesh out your question to indicate parental nationality/status and wedlock factors?


With effect from the 1st July 2006 a change to the BNA81 will come into force (Section 9, Nationality, Immigration and Asylum Act 2002).
This will enable illegitimate children to derive a nationality claim or entitlement ( via appropriate registration) provisions from their fathers in the same way as if they had been born legitimately.
Section 9, applies only in respect of persons born on or after 1 July 2006. In all other cases, the pre-1 July 2006 provisions of the BNA 1981 will continue to have effect.

Definition of ''parent'' Definition of "parent"
Section 50(9) of the 1981 Act, which defines the terms "father" and "mother" for the purposes of that Act, has been replaced by new definitions. From 1 July 2006: –
· a child's "mother" is the woman who gives birth to the child
· a child's "father" is:
(a) the husband of that woman (if they are married at the time of the child's birth), or
(b) the man who is treated as the father under section 28 of the Human Fertilisation and Embryology Act 1990 (see "Surrogacy" in Volume 2 Section II of the Nationality Instructions), or
(c) (if neither (a) nor (b) apply) any man who can satisfy certain prescribed requirements as to proof of paternity
Provision about what constitutes proof of paternity for the purposes of (c) above is made by the British Nationality (Proof of Paternity) Regulations 2006, which will also come into force on 1 July. The Regulations provide that proof that a man is the father of a child is:
A birth certificate, issued within one year of the birth, which names that man as the father, or
Other evidence, such as (but not limited to) DNA test reports and court orders, which the Secretary of State considers to be relevant and on the basis of which he is able to conclude that relationship is one of father and child.

Answer 2

If you and your husband are both non-UK citizens then your child, even if born in the UK, is not a british citizen. If you are a non-UK citizen but the father is then the child can be a UK citizen but only if you two are married, if not then not. If you are a UK citizen and the father isn't then the child can be a UK citizen whether you are married or not.

Answer 3

child must spend first few years in uk to be eligibla for citizenship