Section 9 — Nationality, Immigration and Asylum Act 2002: Legitimacy of child

Legitimacy of child 9 1 The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)— 9 For the purposes of this Act a child’s mother is the woman who gives birth to the child. 9A For the purposes of this Act a child’s father is—

a the husband, at the time of the child’s birth, of the woman who gives birth to the child, or b where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or c where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity. 9B In subsection (9A)(c) “ prescribed ” means prescribed by regulations of the Secretary of State; and the regulations—

a may confer a function (which may be a discretionary function) on the Secretary of State or another person, b may make provision which applies generally or only in specified circumstances, c may make different provision for different circumstances, d must be made by statutory instrument, and e shall be subject to annulment in pursuance of a resolution of either House of Parliament. 9C The expressions “ parent ”, “ child ” and “ descended ” shall be construed in accordance with subsections (9) and (9A).

2 In section 3(6) of that Act (registration of minor as British citizen)—

a after paragraph (a) insert “ and ” , b the word “and” after paragraph (b) shall cease to have effect, and c paragraph (c) (illegitimate child) shall cease to have effect.

3 In section 17(6) of that Act (registration of minor as British overseas territories citizen)—

a after paragraph (a) insert “ and ” , b the word“and” after paragraph (b) shall cease to have effect, and c paragraph (c)(illegitimate child) shall cease to have effect.

4 Section 47 of that Act (legitimated children) shall cease to have effect.

5 In Schedule 2 to that Act (persons otherwise stateless)—

a in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and b in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.