How to register a marriage or birth

If the mother is British and the child acquires British nationality at birth solely from the mother, the birth may be registered whether legitimate or illegitimate and regardless of the father’s nationality.

c) If the child is born before 1 July 2006 and the mother is not British but the father is, the child born out of wedlock does not acquire British citizenship or British Dependent Territories citizenship automatically at birth from the father. That child’s birth cannot be registered unless the parents subsequently marry and the marriage acts to legitimate the child.  

Domicile Questionnaire

9. If the child is born on or after 1 July 2006 and the mother is not British but the father is, the child may be eligible for British citizenship provided the father is:

The husband of that woman i.e they are married at the time of the child’s birth, or
The man who is treated as the father under section 28 of the Human Fertilisation and Embryology Act 1990, or (for children born under surrogacy arrangement see Passport & Documentary Services Volume 5, Chapter 35 )
If neither of the above apply any man can satisfy certain prescribed requirements as to proof of paternity (Guidance given in Passport and Documentary Services Volume 5, Chapter 32 ).
10.  The new definition of father under the British Nationality (Proof of Paternity) Regulations 2006 also has an effect on polygamous marriages and how the parents are entered on the consular birth registration.   We still need to be satisfied with the validity of the marriage before we can enter the mother’s name in the register under her married name or as “wife of …”.  All applications for consular birth registration where polygamous marriages are involved should be referred to Nationality and Consular Registration Section.

11. Special care should be taken where a woman has been previously married and her former husband’s name appears on the local birth certificate. For nationality purpose that child would be treated as the child of the former husband even though he is not be the biological father. The child may therefore not be eligible for British nationality or to have their birth registered. If the former husband is a British citizen then the child will be eligible for British nationality but his details would need to be included in the registration.

 Which births may be registered - legitimated children
12. Section 47 of the BNA 1981 provides for a child born out of wedlock and legitimated by the subsequent marriage of the parents to be treated as if the child had been born legitimate. (Section 47 should not be quoted in the Register).

13. Where, after the birth of an illegitimate child has been registered, the parents marry one another and the marriage serves to legitimate the child, the birth may be re-registered on the authority of the Secretary of State (under Regulation 5(3)) and the original entry cancelled. Any application for re-registration after legitimation must be referred to Nationality and Consular Registration Section, Consular Directorate.

14. If staff receive an application for the registration or re-registration of the birth of a child born out of wedlock on the grounds that the child has been legitimated by the subsequent marriage of his parents they should deal with it as follows:

• if the claim to British nationality is only through the father, the application should be sent together with copies of all the relevant documents and a completed Domicile Questionnaire in respect of the father to Nationality and Consular Registration Section, Consular Directorate

• if the child derives citizenship solely through the mother, and staff are satisfied that the marriage served to legitimate the child, staff may register the birth without reference to Nationality and Consular Registration Section, Consular Directorate. If staff are not certain about the legitimation, they should refer to Nationality and Consular Registration Section, Consular Directorate

• if the application is for the re-registration of a birth registered before the marriage, staff should refer the application together with copies of all the relevant documents and a completed Domicile Questionnaire, and all issued certified copies of the original entry if possible, to Nationality and Consular Registration Section, Consular Directorate

• if the child has a claim to citizenship equally from the father or the mother, it should be dealt with it in the same way as for a child who derives citizenship solely through the mother, unless the claim through the father gives a more beneficial status (explained below)

• if the child has a claim to citizenship equally from the father or the mother, but the claim through the father gives the child a more beneficial status (eg through Crown Service) staff should refer the application together with all documents to Nationality and Consular Registration Section, Consular Directorate, whether or not the birth had been registered before the marriage

• If the child has already been registered with the Home Office as a British citizen under Section 3(1) British Nationality Act 1981 (as the illegitimate child of a British citizen father) and the parents subsequently marry, which serves to legitimate the child, the birth may be registered. The application should be referred to Nationality and Consular Registration Section, Consular Directorate in the usual way. Although the Home Office registration remains valid no mention of Section 3(1) British Nationality can be made on the actual entry in the register. A note should be made outside the margin in pencil stating “Also registered under Section 3(1) BNA 1981 on (date and certificate details)”.