Part 1: Nationality Chapter 1: British Overseas Territories citizenship British Citizenship Section 7: Citizenship where mother married to someone other than natural father
Overview: This section amends the British Nationality Act 1981 ("the 1981 Act") to provide an entitlement to British citizenship for individuals who were previously unable to acquire it because their mother was married to someone other than their biological British citizen father at the time of their birth. This addresses the decision in the case of K (A child) v Secretary of State for the Home Department, which found that, in these circumstances, the definition of father in the 1981 Act was incompatible with Article 8 (read with Article 14) of the European Convention on Human Rights.
	Background: Subsection 50(9A) of the 1981 Act defines who is a "father" for the purposes of determining the nationality of the child. "Father" is either: the husband (or male civil partner) of the child’s mother at the time of the child’s birth, or the person treated as the father in IVF cases. If neither of those situations apply, the father is someone who can provide proof of paternity. This means that where the child’s mother is married to someone other than the child’s natural father, her husband is the child’s father for nationality purposes, even if not biologically related to the child.
	The above definition of "father" came into force on 1 July 2006. Before then, "father" was only defined as the husband of the child’s mother. Therefore, where the child’s biological parents were unmarried, the child could not take on the father’s British Citizenship.
	Remedial registration routes were subsequently inserted into the 1981 Act to allow the children of unmarried fathers born prior to 1 July 2006 to register as British citizens. These provisions are set out at sections 4E – 4J of the 1981 Act.
	This section is intended to create an entitlement to British citizenship for children born on or after 1 July 2006 who did not become British because their mother was married to someone other than their natural father. By removing the 1 July 2006 cut-off date for registration under sections 4F – 4I, they will be able to apply.
	Section 4D of the 1981 Act provides a registration route for children who were born outside of the UK and qualifying British Overseas Territories to members of the British armed forces, serving outside the UK and qualifying territories. Currently, a child does not qualify under this provision where their mother was married to someone other than their biological father at the time of the child’s birth. This will also be remedied by this section.
	Subsection 1 removes the 1 July 2006 date applicable to the remedial registration routes set out at 4F-4I, thereby providing those born on or after 1 July 2006 with an entitlement to British citizenship. Removing the date brings the later introduced Human Fertilisation and Embryology Act 2008 into scope. This subsection therefore inserts a reference to the 2008 Act.
	Subsection 2 adds section 4D to the list of instances where a person may be entitled to be registered as a British citizen (section 4F of the 1981 Act). This enables a child of a member of the British Armed Forces to make an application to register as a British citizen despite their mother being married to someone other than their biological father at the time of their birth.
	Subsection 3, as a consequence, amends section 41A(1A) of the 1981 Act to include section 4D in the list of registration provisions under section 4F which have a good character requirement.