British Citizenship inheritance?

Question

I was born in the UK. My new son was just born in Canada. I am not married but the boy has my last name. My question is can my son take British Citizenship via inheritance. Some one told me that because I am not married that he can't, but then some one told me that rule had changed recently and he could.

Clarification would be great.

Answer 1

Children born on or after 1 July 2006

"Parent" means the mother (i.e. the woman who gives birth to the child) or the father if:

(a)     he is married to the mother at the time of the birth

(b)   he is treated as the father under section 28 of the Human Fertilisation and Embryology Act 1990

or, if neither (a) nor (b) apply,

# (c)   he can satisfy certain requirements as regards proof of paternity – i.e.

## he is named as the father on a birth certificate issued within 1 year of the child's birth ##

or he can satisfy the Home Secretary that he is the father of the child (by means of DNA test results, court orders or other relevant evidence) #

since you are not married, paragraph # c #

concerns you .........

therefore the answer is obvious for you, yes, your child can acquire UK citizenship.

for more information, refer to this UK nationality act at this page:

http://www.ind.homeoffice.gov.uk/applyin...

Answer 2

Citizenship is not acquired by inheritance but through birth and naturalization.

Answer 3

I think he can be british but ask to the ones that know best, the consulate, they have the last regulations,

Answer 4

Since your kid is a "newborn" I presume he is born after 1st July 2006.

If the child was born on the 1st of July 2006 or after that then the child can automatically gain British citizenship providing paternity is proven (eg via the Birth Certificate or a DNA test).

However, If the child was born on 30th June 2006 then the child can still aquire British citizenship through the father, however, this is slightly more tricky.  If the parents marry after the child's birth that will serve to legitimize the child but you will still need to contact the embassy for the relevent forms. If the parents don't marry the father can still apply apply for citizenship on behalf of a minor.

Basically if you can fufil the requirements and get a British Passport for the child then the child is British. This is because the passport will say under  "NATIONALITY" "BRITISH CITIZEN" (as that is what you are).

Oh and as for your half-brothers and your son they are only able to pass on British citizenship to their children if the child is born overseas and they are in Crown Service at the time of the child's in questions' birth or if the child is born in the UK themselves to strengthen the links.

Link goes to the British Embassy in Canada and gives further information regarding your question.