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Topic: ??? Adoptive father on US FBC (birth certificate)  (Read 1056 times)

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??? Adoptive father on US FBC (birth certificate)
« on: August 10, 2013, 10:06:34 PM »
Does anyone have insight into whether there is any possibility of being able to claim being British by descent?

brief background:
-I'm 25 years old -- born in US in 1987.
-American mother
-Mother married British citizen living in the US after I was born
-British citizen (only father I've ever known) was added to my birth certificate in ~1991/1992 as my father.

Thus, this makes him my adoptive father as I understand, even though my biological father's details are not on any documents pertaining to me as far as I know. For purposes of a first British passport application, i could furnish a marriage certificate of my parents, my birth certificate, my father's birth certificate and passport.

However, I don't think the foreign/overseas adoption can be registered in the UK as my dad was living abroad in the US when the adoption took place, though my dad had been born, raised and living in the UK up until ~1989-1990, therefore I don't think he could be considered "habitually resident." I am still somewhat in the preliminary stages of research, so forgive any ignorance.  I have grown up visiting England frequently since a very young age and had planned on moving there within the next year, so if it is at all possible to claim citizenship by descent, I would be immensely grateful.

Is there any recourse since my birth certificate was issued more than 3 months following my birth? OR can my overseas/foreign adoption be registered and then used as part of my first British application? Any thoughts/insight would be greatly appreciated  ???


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Re: ??? Adoptive father on US FBC (birth certificate)
« Reply #1 on: August 10, 2013, 11:12:49 PM »
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter3/chapter3?view=Binary

Section 3.2.13 seems to imply that the adoption would have had to take place in the UK. I don't know what the rules are if he's on your birth certificate, though.
Moved to London February 5, 2010


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Re: ??? Adoptive father on US FBC (birth certificate)
« Reply #2 on: August 11, 2013, 12:00:29 AM »
According to Section 3 of the British Nationality Act of 1981 you would have had to have been registered as British while a minor.

http://www.legislation.gov.uk/ukpga/1981/61


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