asked Her Majesty's Government:

Who, for the purposes of Section 50(9A) of the British Nationality Act 1981, would be treated as a child's father, if the child is born in the United Kingdom or a qualifying territory on or after 1 July 2006 in the following circumstances (a) neither the mother of the child nor her husband was a British citizen or settled in the United Kingdom or that qualifying territory at the time of the child's birth; (b) the child's biological father was a British citizen or settled in the United Kingdom or that qualifying territory at the time of the child's birth; (c) the child's biological father is named as the father of the child in a birth certificate issued within one year of the date of the child's birth, or satisfies the Secretary of State that he is the biological father of the child; and (d) no man is treated as the father under Section 28 of the Human Fertilisation and Embryology Act 1990. [HL4371]

For the purposes of the British Nationality Act 1981, the father of the child would be the mother’s husband.

In matters relating to nationality and citizenship, there is a recognised need for certainty, which would be lost if a person’s status could be altered retrospectively. The law therefore provides that a child born to a married woman should be deemed to be her husband’s for the purpose of acquiring citizenship, and thus that status will not be vulnerable to subsequent revelations or discoveries about his or her true biological origins.

asked Her Majesty's Government:

Who, for the purposes of Section 50(9A) of the British Nationality Act 1981, would be treated as a child's father, if the child is born abroad on or after 1 July 2006 in the following circumstances (a) neither the mother of the child nor her husband was a British citizen at the time of the child's birth; (b) the child's biological father was a British citizen otherwise than by descent at the time of the child's birth; (c) the child's biological father is named as the father of the child in a birth certificate issued within one year of the date of the child's birth, or satisfies the Secretary of State that he is the biological father of the child; and (d) no man is treated as the father under Section 28 of the Human Fertilisation and Embryology Act 1990. [HL4372]

For the purposes of the British Nationality Act 1981, the mother’s husband would be the father.

In matters relating to nationality and citizenship, there is a recognised need for certainty, which would be lost if a person’s status could be altered retrospectively. The law therefore provides that a child born to a married woman should be deemed to be her husband’s for the purpose of acquiring citizenship, and thus that status will not be vulnerable to subsequent revelations or discoveries about his or her true biological origins.