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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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A child is born outside of the UK to a legally married couple.

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A child is born outside of the UK to a legally married couple. The father is a British citizen with the right of abode in the UK. The mother is a foreign national. The baby is born as a result of egg donation. The HFE Act appears rather complicated -- would the baby be entitled to an "other than by descent" UK passport or a "by descent" UK passport?
Thank you for your question. The couple are legally regarded as the parents of the child assuming the husband consented or provided the sperm so the child is British by descent and all that is required is to produce his birth certificate and evidence of his British nationality.

This is covered by s33 and 35 of the act.

Please let me know what else you wish to know about this.

Was the father born in the UK? If born in the UK then Citizenship can be passed down by descent. If the father was born outside the UK and is British other than by descent then Citizenship is not automatic.
Customer: replied 4 years ago.

the father was born in the UK and has otherwise than by descent status - does that change the reply? of 10:50 am??

In that case the answer given is correct in essence BUT the father's birth certificate should be included to confirm that the father is British other than by descent.

You should rate the answer given on that basis.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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The other expert is correct, I should have asked that question. As long as the Father was either born or naturalised in the uk then the child will be british if the other criteria are met but if for any reason the Father was born abroad, the child might not be. So please come back if you have any questions.