Children born before 1 July 2006 whose father is a British citizen but not married to their mother - section 3(1) applications

This page explains how a child born before 1 July 2006 to unmarried parents can be registered as a British citizen if his or her father is a British citizen.

Since 1 July 2006 both parents are able to pass on their British citizenship to their children even if they are not married providing there is satisfactory evidence of paternity. We will normally register any child born before 1 July 2006 to a father who is a British citizen father under section 3(1) if the requirements below are met:

• we are satisfied about the paternity of the child; and
• we have the consent of all those with parental responsibility; and
• we are satisfied that if the parents were married:
  
  - the child would have an automatic claim to British citizenship; or
  - the child would have an entitlement to registration under sections 1(3), 3(2) or sections 3(5) of the British Nationality Act 1981; or
  - we would normally have registered the child under section 3(1); and
  
  
• if the child is over 10 year of age, they are of good character.

In these circumstances, registration under section 3(1) of the British Nationality Act would be at our discretion, if we think it is reasonable under the circumstances.

To be satisfied of the child's paternity we would usually expect you to provide:

• a birth certificate issued within one year of the child's birth naming the child's father; or
• any other evidence such as DNA test reports or court orders relevant to paternity.

If you are unable to provide the above evidence, we will normally accept that a man is the father of a child if:

• paternity has been acknowledged in some other official context, for example if the child was born abroad and the relationship has been accepted for United Kingdom immigration purposes; or
• he has stated that he is the father and we have confirmation of that from the mother, providing there is no evidence to suggest that their evidence is false.

An adult who has responsibility for a child in a parental role, even if he/she is not one of the child's biological parentsEvidence that a man is the biological father of a child.