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Family Law

The leading authority on all aspects of family law

12 APR 2010

The British Nationality (Proof of Paternity) Regulations 2006 (SI 2006/1496)

The British Nationality (Proof of Paternity) Regulations 2006 come into force on 1 July 2006. Section 50(9A) of the British Nationality Act 1981 (as substituted by section 9 of the Nationality, Immigration and Asylum Act 2002) sets out who is a child's father for the purposes of that Act, as follows: (a) the husband, at the time of the child's birth, of the woman who gives birth to the child, or (b) a person who is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990, or (c) where neither of those paragraphs applies, any person who satisfies prescribed requirements as to proof of paternity.

Regulation 2 prescribes requirements as to proof of paternity for these purposes. The person must either be named on a birth certificate issued within one year of the birth of the child, or he must satisfy the Secretary of State that he is the father of the child. By regulation 3, in determining whether a person is the father of a child, the Secretary of State may have regard to any relevant evidence, including but not limited to DNA test reports and court orders.

 

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