Definition of parent for nationality purposes: caseworker guidance
Published 27 March 2026
Version 8.0
His Majesty’s Passport Office guidance on the legal definitions of ‘parent’ when establishing British nationality claims for UK and overseas applications.
About: Definition of parent for nationality purposes
This guidance tells His Majesty’s Passport Office staff about the legal definition of mother and father and how to establish a customer’s parent (mother and father).
Before we issue the customer with a British passport, we must confirm their claim to British nationality (as well as their identity and entitlement).
This means you, the examiner, may need to consider for nationality purposes, who:
- is the customer’s father under section 32(2) British Nationality Act 1948; or,
- treated as the mother, father, or parent under section 50 of the British Nationality Act 1981 (for births after 1 January 1983)
You must use the adoption guidance if the customer is adopted. As for these cases, you do not need to distinguish between a mother and father for nationality purposes.
You must follow the guidance in Refusal on nationality grounds: exceptions to consider if after checking the definitions of mother and father for nationality purposes it appears a person has no claim to British nationality through either parent.
Contacts
If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Guidance team..
If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance team..
Publication
Below is information on when this version of the guidance was published:
- version 8.0
- published for Home Office staff on 10 November 2025
Changes from last version of this guidance
This guidance has been updated throughout to explain:
- who is the mother
- who is the father (for nationality purposes)
- how to check documentation to confirm paternity
Definition of parent: the legislation
This section tells His Majesty’s Passport Office staff about the legislation used to define mother and father when establishing British nationality claims. It includes legislation used to define the parents for people born before and after 1 January 1983 and includes information about changes to legislation which affect the definition of parents
The definition of a parent (particularly the father) differs in the British Nationality Acts 1948 and 1981. For more information, see British citizenship.
Born before 1 January 1983: parents for nationality purposes
If a customer was born in the UK and colonies before 1 January 1983, their claim to British nationality is usually through their birth there and is not generally reliant on their parents’ British nationality. However, there are exceptions, and you must assess every claim individually considering where and when the customer was born.
If a customer was born outside of the UK and colonies before 1 January 1983, their claim to British nationality can only be taken through their legitimate father. The definition of the legitimate father was shown in section 32(2) British Nationality Act 1948.
See Legitimacy and domicile to see how to establish legitimation.
Born on or after 1 January 1983: parents for nationality purposes
Since the introduction of the British Nationality Act 1981, the nationality claim for customers born on or after 1 January 1983 may be reliant on their mother or father.
Section 50 (subsection 9) of the British Nationality Act 1981 (as originally enacted) defined who a parent was for nationality purposes.
With surrogacy and assisted reproduction, parentage is now not just about the biological link between a person and their mother and father. Since 1 January 1983, section 50 British Nationality Act 1981 (BNA’81) has changed to confirm what proof of paternity and parentage is. These amendments are set out in the:
- Human Fertilisation and Embryology Act 1990
- British Nationality (Proof of Paternity) Regulations 2006
- Human Fertilisation and Embryology Act 2008
- British Nationality (Proof of Paternity) (Amendment) Regulations 2015
The BNA’81 currently shows the definition of a parent in section 50 as:
- mother at section 50(9); and,
- father at section 50(9A), subsections:
- (a), the mother’s husband or male civil partner; or,
- (b), the person who is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008; or,
- (ba) the person treated as a parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008); or,
- (c), where none of sections (a), (b) or (ba) apply, a person who meets the proof of paternity requirements
Amendments to section 50(9A)(c) legislation
Section 50(9A)(c) proof of paternity is defined by the British Nationality (Proof of Paternity) Regulations 2006 and applies for nationality purposes if section 50(9A)(a), (b) or (ba) of the British Nationality Act 1981 do not apply.
From 1 July 2006 up to and including the 9 September 2015, proof of paternity (for nationality purposes) would be:
- a customer’s full birth certificate showing their parent’s details and issued within 12 months of their birth; or,
- other evidence which proves paternity, such as DNA reports or court orders
The British Nationality (Proof of Paternity) (Amendment) Regulations 2015 altered the earlier regulations on 10 September 2015. The amendments:
- confirm the Secretary of State (Home Secretary) must be satisfied the person is the natural father of the child
- provide that the birth certificate is one of the documents that can be taken into consideration to establish paternity, but can be discounted if there is other information, such as DNA evidence to suggest another man is in fact the child’s natural father
The 2015 regulations apply to children whose births are registered on or after 10 September 2015. It also applies to children born before this date whose births are registered or re-registered after this date, for example to show a different father.
Male civil partners: opposite-sex civil partnerships
On 2 December 2019, the Civil Partnership (Opposite-sex Couples) Regulations 2019 were introduced. This means an opposite-sex couple can have a civil partnership. Civil partners cannot call themselves married for legal purposes.
For a customer born after 2 December 2019, their parents may send a civil partnership certificate to support the passport application. Male civil partners in an opposite-sex civil partnership are recognised the same as a male in an opposite-sex marriage (for British nationality purposes).
Definition of mother
This section tells HM Passport Office staff who is treated as the customer’s mother for nationality purposes
For customers born on or after 1 January 1983, section 50(9) of the British Nationality Act 1981 confirms the woman who gave birth to them, is their mother for nationality purposes.
If a customer’s claim to British nationality is reliant on their birth mother, you, the examiner, must:
-
Check the evidence to support proof of maternity (the customer’s relationship to their mother). This is usually the customer’s full birth certificate that names the mother (parent 1) but there may be other evidence.
-
Accept the person named as the mother (parent 1) on the documents provided as the customer’s mother for nationality purposes.
If the customer tells you they do not have the full birth or adoption certificate (for example, because it is lost), you must ask them to get a copy.
If the customer cannot provide a birth certificate as their birth has not been registered, you must follow the Birth not registered guidance to decide who is the mother for nationality purposes.
You must refer to the Supporting documents not available guidance if a customer supplies other documents to support proof of maternity, such as:
- court orders or parental orders naming the mother
- a declaration of parentage naming the mother
- voluntarily supplied DNA evidence (see DNA testing for British passport applications)
This evidence must be considered on a case-by-case basis using a balance of probability to decide who is the mother for nationality purposes.
You must add a case note to show all the actions and decisions you have made.
Definition of father
This section tells HM Passport Office staff who is treated as the customer’s father for nationality purposes it includes the definition of a father before 1 January 1983, on or after 1 January 1983 and before 1 July 2006, and on or after 1 July 2006
The guidance in this section will help you, the examiner, decide who is the customer’s father for the purposes of British nationality.
Born before 1 January 1983: definition of father
Customers born before 1 January 1983 who did not have an automatic claim to British nationality through birth in the UK or a colony, could only claim British nationality through their father.
The definition of father was shown in section 32(2) British Nationality Act 1948, it established the child must be the father’s legitimate (legal) child.
You the examiner must first check Legitimacy and domicile to see Who we consider to be legitimate and how legitimacy is established.
Where there is no legitimate father, the customer born before 1 January 1983 may not have a claim to British nationality or may lose their claim. To deal with these applications, you must follow the refusing an application on nationality grounds and see if the customer meets one of the exceptions and register with UK Visas and Immigration.
Born on or between 1 January 1983 and 30 June 2006: definition of father
For customers born on or between 1 January 1983 and 30 June 2006 (inclusive), section 50(9) of the British Nationality Act 1981 confirms their father for nationality purposes, is the man who they were legitimately born to.
If the customer’s claim to British nationality is reliant on their father, you, the examiner, must:
1. Check if they are considered legitimate in their father’s place of domicile (this includes births in the UK and overseas).
2. Use the customer’s evidence to support proof of paternity (the customer’s relationship to their father) using a balance of probability where necessary. This evidence can be:
- the customer’s full birth or adoption certificate naming their father
- documents supporting the customer is the legitimate child of their father (for example, their parent’s marriage or civil partnership certificate)
- any other documents or evidence you need to support the customer is the legitimate child of their father
3. Add a case note to show all the actions and decisions you made.
You must offer the customer the option of registering with UK Visas and Immigration (UKVI), if they do not have a claim through their mother but would have one through their father, if she had been married to him. See Refusal on nationality grounds: exceptions to consider for details.
Born on or after 1 July 2006: definition of father
For customers born on or after 1 July 2006, section 50(9A) of the British Nationality Act 1981 defines who the customer’s (child’s) father is for nationality purposes.
50(9A)(a) - the person who is the husband or male civil partner of the woman who gave birth to the child, at the time of the child’s birth; or,
50(9A)(b) - the person who is recognised as the:
- father under section 28 of the Human Fertilisation and Embryology Act 1990; or,
- father under section 35 or 36 of the Human Fertilisation and Embryology Act 2008; or,
50(9A)(ba) - parent (this could be a male or a second female parent) under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 if the customer was born on or after 6 April 2009; or,
50(9A)(c) - the person who supplies evidence to show they are the child’s natural father, only when the previous sections (9A)(a), (9A)(b) or (9A)(ba) do not apply.
Born on or after 1 July 2006: how to decide who is the father
There are different ways a person can be treated as the customer’s father for nationality purposes, you must check in order:
1. If there is evidence with the application the customer’s mother, had a husband or male civil partner at the time they were born. If they:
- did, you must follow the guidance in Paternity section 50(9A)(a): mother had a husband or male civil partner at time of birth
- did not or were born through assisted reproduction or surrogacy, you must go to step 2, below
2. If there is evidence with the application to show the customer was born through assisted reproduction or surrogacy. If there:
- is, you must follow the Paternity section 50(9A)(b) or (ba)
- is not, you must go to step 3, below
3. You must consider who else can be treated as the customer’s father (see Paternity section 50(9A)(c): where paragraphs (a), (b) and (ba) do not apply for nationality purposes when both of the following apply:
- the customer’s mother did not have a husband or male civil partner at the time they were born
- no one was treated as the father or second female parent under the Human Fertilisation and Embryology Acts 1990 and 2008
You must follow the guidance in Refusal on nationality grounds: exceptions to consider, to offer the customer the option of registering as a British national, if it appears they have no claim to British nationality through their mother or father.
Paternity section 50(9A)(a): mother had a husband or male civil partner at time of birth
This section tells HM Passport Office operational staff who the customer’s father is, for nationality purposes, under section 50(9A)(a) British Nationality Act 1981 if they were born on or after 1 July 2006 and their mother had a husband or male civil partner at the time they were born
You, the examiner, must only use the guidance in this section to help confirm who the customer’s father is for nationality purposes, when all the following apply:
- the customer was born on or after 1 July 2006
- the customer’s claim to British nationality is reliant on their father
- the customer’s mother had a husband or male civil partner at the time they were born (also see Paternity section 50(9A)(b) and (ba): surrogacy or assisted reproduction, if applicable to the circumstances)
Section 50(9A)(a) of the British Nationality Act 1981 explains the mother’s husband or male civil partner (at the time of the birth) will be the customer’s father for nationality purposes. This applies unless the pregnancy was the result of in vitro fertilisation or artificial insemination using donor sperm and the mother’s husband or civil partner did not consent to the treatment (Human Fertilisation and Embryology Act 1990, section 28 and Human Fertilisation and Embryology Act 2008, section 35). See Paternity section 50(9A)(b) and (ba): surrogacy or assisted reproduction.
This means no other person can be treated as the customer’s father for nationality purposes, and it does not matter if:
- DNA test results confirm:
- the husband or male civil partner is not biologically related to the customer; or,
- someone else is the customer’s biological father
- the customer’s birth certificate:
- names someone else as the father; or,
- does not record a second parent
You must refer the application to:
- your operational team leader (OTL) if you have doubts over the validity of a marriage or civil partnership. For example, if you believe the marriage is not legal in the country of marriage, or the marriage has been annulled or made void (the OTL will check if there is a claim using the Legitimacy and domicile guidance)
- the Counter Fraud team if you have fraud or safeguarding concerns
You must offer the customer the option of registering as a British national if the customer does not have a claim through their mother’s husband or male civil partner, but they would have had a claim if it could have been taken through their natural father. See Refusal on nationality grounds: exceptions to consider.
Paternity section 50(9A)(b) and (ba): surrogacy or assisted reproduction
This section tells HM Passport Office staff how to deal with British nationality claims where the child was born through surrogacy or assisted reproduction and there is no automatic claim to British nationality through the birth mother, her husband or male civil partner
You, the examiner, must only use the guidance in this section to help confirm who is the customer’s father or parent (for nationality purposes) when the customer was born through in vitro fertilisation or artificial insemination and:
- the customer was born on or after 1 July 2006; and,
- there is no claim to British nationality through the birth mother, (section 50(9) of the British Nationality Act 1981 (BNA’81)); and,
- the birth mother does not have a husband or male civil partner (section 50(9A)(a) BNA’81) or he did not consent to the treatment (see Human Fertilisation and Embryology Act 1990, section 28 and Human Fertilisation and Embryology Act 2008, section 35)
Section 50(9A)(b) BNA’81 refers to a person who is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008. This section applies to people born on or after 1 July 2006.
Section 50(9A)(ba) BNA’81 refers to a person who is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008. This section applies to people born on or after 6 April 2009.
You must also follow the Assisted reproduction guidance if you have an application with information that suggests the customer was conceived through assisted reproduction.
Surrogacy is an example of assisted reproduction. As surrogacy involves a surrogate mother, the application must be treated differently, for passport application purposes. If you are dealing with an application involving surrogacy, you must also follow the Surrogacy guidance.
Paternity section 50(9A)(c): where paragraphs (a), (b) and (ba) do not apply
This section tells HM Passport Office operational staff how to check who is the customer’s father for nationality purposes if they were born on or after 1 July 2006 and the birth mother is not married or in a civil partnership, she did not receive treatment under the Human Fertilisation and Embryology Acts 1990 and 2008 and none of the sections 50(9A)(a), (b) or (ba) apply. This section shows how to establish paternity for nationality purposes
You, the examiner, must only use the guidance in this section to help confirm who is the customer’s father (for nationality purposes) when all the following points apply (in order):
- the customer was born on or after 1 July 2006; and,
- there is no claim to British nationality through the birth mother, (section 50(9) of the British Nationality Act 1981 (BNA’81)); and,
- the birth mother does not have a husband or male civil partner (section 50(9A)(a) BNA’81); and,
- no-one has been treated as the:
- father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008 (section 50(9A)(b) BNA’81
- parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (section 50(9A)(ba) BNA’81)
When sections 50(9) and 50(9A)(a) to (ba) do not apply you must decide who the customer’s father is for nationality purposes, you must check if the customer’s birth certificate was issued:
- before 10 September 2015
- on or after 10 September 2015
Paternity section 50(9A)(c): father not named on birth certificate
If the customer’s birth certificate does not name a father, you must ask for other evidence to help support who their father is for nationality purposes and deal with the application using the guidance in this section.
Paternity section 50(9A)(c): birth certificate issued before 10 September 2015
For people born on or after 1 July 2006 their father for nationality purposes is the person identified as the father using the British Nationality Act 1981 sections 50(9A)(a), (b) and (ba).
If the customer’s father cannot be established using these sections, you must check if you can confirm the father using section 50(9A)(c). To do this you must check when the customer’s birth was registered (or re-registered). If their birth was registered on or after 1 July 2006 and before 10 September 2015 the British Nationality (Proof of Paternity) Regulations 2006 apply, and the father will be:
- the person named as the father within 12 months of the customer’s birth, evidenced by:
- a birth certificate issued (for example, printed or authorised) within 12 months of the birth; or,
- a birth certificate showing re-registered birth details (see Birth re-registered and certificate issued within 12 months of the birth); or
- an official copy of the original birth certificate, where the details were registered within 12 months of the birth; or (where that does not apply)
- the person named as the father in other acceptable evidence
If a birth was originally registered before 10 September 2015 but was later re-registered after 10 September 2015 see, Paternity section 50(9A)(c): births registered or re-registered on or after 10 September 2015.
For information about how births are registered and re-registered and the time limits for doing this, together with how this is recorded on birth certificates in the UK and overseas you must check:
- Birth registration
- Knowledge Base
Birth certificate issued within 12 months of the birth
If the customer was born before 10 September 2015 and their birth certificate was issued (for example, printed or authorised) within 12 months of their birth and it names a father, you must accept that person as their father for nationality purposes, providing:
- British Nationality Act 1981 sections 50(9A)(a), (b) and (ba) do not apply; and
- the birth certificate was a genuine document (not forged or counterfeit)
- the birth has not been re-registered within 12 months of the birth; or,
- there is no other acceptable evidence naming a different father
Birth certificate issued more than 12 months after the birth
If the customer was born before 10 September 2015 and their birth certificate was issued (for example, printed or authorised) more than 12 months after the birth and it names a father, you can accept that person as their father for nationality purposes, if:
- you are satisfied the certificate relates to a birth registered within 12 months of the birth (for example if the original certificate had been lost and a duplicate obtained); and,
- British Nationality Act 1981 sections 50(9A)(a), (b) and (ba) do not apply; and,
- the birth certificate was a genuine document (not forged or counterfeit) and from a reliable source; or,
- there is no other acceptable evidence naming a different father
Birth re-registered and certificate issued within 12 months of the birth
If the birth has been re-registered before 10 September 2015 you must consider if this was done within 12 months of the birth or after. You must accept the parental details shown on the new certificate are correct and assess the claim to British nationality based on the details shown on the new certificate if it:
- was issued (for example, printed or authorised) within 12 months of the birth; or,
- shows the new details were registered within 12 months of the birth
For example, if the new certificate was issued (or the details registered) within 12 months of the birth you must accept the:
- person named on the new certificate is the father
- previous father is no longer the father for nationality purposes if his details have been removed
You must also consider if the customer has provided other acceptable evidence naming a father.
Birth registered or re-registered and certificate issued over 12 months after the birth
If the customer’s birth certificate was issued before 10 September 2015 and it names a father, but it was issued more than 12 months after the birth you must decide if the document is:
- an official copy of the original birth registration (made within 12 months of the birth); or,
- has been issued following a late registration; or,
- issued to show a change in the details recorded on the original registration (re-registration)
If you decide the birth certificate is a re-printed version of the original birth certificate you must follow, Birth certificate issued more than 12 months after the birth.
If you decide the certificate was issued 12 months after the birth due to a late registration or because of a change in details on the original registration you must:
1. Not accept the birth certificate on its own as evidence the person named on it is the customer’s father.
2. Ask for other evidence (using letter 308) to help support who the customer’s father is for nationality purposes.
3. Assess the additional evidence when you receive it and case note your actions and decisions, and:
- refer the application to your operational team leader (OTL) to consider the evidence using the balance of probability guidance; and,
- request further evidence if the OTL recommends more information is needed; or,
- continue to process the application if your OTL agrees you have sufficient evidence to identify the father (for nationality purposes)
If you have sufficient evidence to support who the father is for nationality purposes, you must continue to process the application. If you do not have sufficient evidence, you must Refuse the application.
You must raise a guidance query and request an assessment of the document, if you are concerned the birth registration details may have been changed but the certificate is unclear. For example, you believe there may have been a concealed adoption but there is nothing in Knowledge Base that shows how birth registrations are recorded. The Passport Policy team will advise if further evidence is needed.
Paternity section 50(9A)(c): births registered or re-registered on or after 10 September 2015
When the British Nationality Act 1981 sections 50(9A)(a), (b) and (ba) do not apply, you must use section 50(9A)(c) to define the father for nationality purposes. The British Nationality (Proof of Paternity) (Amendment) Regulations 2015 apply to births registered or re-registered on or after 10 September 2015.
For births registered or re-registered on or after 10 September 2015 the father for nationality purposes is the person who provides evidence (for example, a birth certificate, DNA evidence or court order or evidence used to make a balance of probability decision such as evidence he was present at the point of conception) to show they are the natural (biological) father.
Further evidence of paternity may be needed if concerns or doubts are raised about whether the person named on the birth certificate is the customer’s natural father. Examples of concerns or doubts include:
- a court order which refers to another man as the father (for example, a residence order, prohibitive steps order, order authorising a change of name)
- declaration of parentage naming another man as father
- a voluntarily supplied DNA report confirming another man is the father
- a gap of more than 12 months between the customer’s date of birth and their father’s details being added to their birth certificate
- information, evidence, documents, or intelligence suggesting:
- another man is the father
- the mother was in a relationship with another man
- the parents named on the document were not in the same place at the time of conception
- previous passport applications that show different parental details
Checking birth certificates issued on or after 10 September 2015
You can accept the person named on a birth certificate issued on or after 10 September is the customer’s father, if their birth certificate:
- was issued on or after 10 September 2015, it names the father; and,
- was issued around the time of the birth (or is an original copy of the first registration (see Dealing with customer documents, Contemporaneous documents); and,
- there is no evidence to suggest someone else is the father (for example, if the certificate has not been re-registered or information in the passport application or previous passport or application records show another person may be the father)
Paternity is unclear: birth certificate issued on or after 10 September 2015
Before the British Nationality (Proof of Paternity) Regulations 2006 were amended in 2015, the legislation stated we must accept the parental information at face value if the birth certificate was issued within 12 months of the birth, but from 10 September 2015, this is no longer the case.
When a birth which takes place after 1 June 2006 is registered or re-registered on or after 10 September 2015, the British Nationality (Proof of Paternity) (Amendment) Regulations 2015 apply. You can ask for evidence of paternity if you have doubts about paternity or have information which suggests the person named on the certificate is not the natural father.
You must ask for other evidence to help you decide who is the natural (biological) father for nationality purposes if, for example:
- there is evidence to suggest the father’s details may have been changed (for example, a re-registered birth); or,
- the birth has not been registered or it was registered late; or
- information provided with the application or in previous passport applications indicates another person may be the father (also see, Re-registered birth: parental details have changed)
If you have concerns or doubts whether the person named on the birth certificate is the customer’s natural father, you must investigate any previous passport applications to see if the details are the same. If the details are the same, you can accept the parental details and continue with the application.
If you have concerns about the parental details shown on the birth certificate and:
- the details are different from previous passport applications; or,
- there are no previous applications
you must:
1. Not accept the birth certificate on its own as evidence the person named on it is the customer’s father.
2. Ask for other evidence (using letter 308) to help support who the customer’s father is for nationality purposes.
3. Assess the additional evidence when you receive it, case note your actions and decisions, and:
- refer the application to your operational team leader (OTL) to consider the evidence using the balance of probability guidance; and,
- request further evidence if the OTL recommends more information is needed; or,
- continue to process the application if your OTL agrees you have sufficient evidence to identify the father (for nationality purposes)
If you have sufficient evidence to support who the father is for nationality purposes, you must continue to process the application. If you do not have sufficient evidence, you must Refuse the application.
Other evidence to support a paternity claim: born on or after 1 July 2006
For people born on or after 1 July 2006 their father for nationality purposes is the person identified as the father using the British Nationality Act 1981 sections 50(9A)(a), (b) and (ba). If none of these apply and section 50(9A)(c) applies, you must check the customer’s birth certificate in line with the following sections:
- Paternity section 50(9A)(c): father not named on birth certificate
- Paternity section 50(9A)(c): birth certificate issued before 10 September 2015
- Paternity section 50(9A)(c): birth certificate issued on or after 10 September 2015
If the birth certificate does not establish paternity other evidence you can accept to support a paternity claim for a birth on or after 1 July 2006 includes, but is not limited to:
- a UK court declaration of parentage that confirms who the customer’s father is, for example, under the:
- a court order from a UK or overseas court that:
- specifically confirms who the legal father is for nationality purposes
- names a father but the court order is unclear if it is acceptable for nationality purposes (for example, if the order is for visitation rights) together with the evidence supplied to the court to confirm parentage
- an immigration tribunal order that specifically confirms who the customer’s father is
- voluntarily supplied DNA results (see DNA for British passport applications)
- documents that prove or discount the whereabouts of a man at the time of the child’s conception
If a customer cannot provide any of these, OTLs will assess the application, on a case-by-case basis, using a balance of probability and consider the following in support:
- medical or hospital letters and official records from the time the customer was born, that name the customer’s father
- any evidence received from other sources that support who the father is, for example, Home Office files, notes on UK Visas and Immigration (UKVI) systems or entry clearance files
- a selection of family photos taken from birth to current day showing both parents, the photos must name the individuals shown and be dated
The OTL must refer the application to Quality, Examination Support team (QuESt) if they need a second opinion about the evidence the customer has provided.
How to check when a customer was conceived
Where you need to confirm likely paternity from conception, you must go back 40 weeks before the customer’s date of birth (37 to 42 weeks is the general gestation period).
A pregnancy can be shorter than 37 weeks (called a premature birth) or longer than 42 weeks (but this is rare). If the pregnancy is shorter or longer than the general gestation period, you must look to see if the documents supplied confirm how long the pregnancy was.
Re-registered birth: parental details have changed
This section tells HM Passport Office staff what they must do if a customer’s birth is re-registered to show a new or different parents
There may be times when there is evidence a customer’s birth has been re-registered, and it names new (or different) parents.
If the customer is not adopted, you must re-establish who the parents are (for nationality purposes). You must do this regardless of when the customer was born, if the mother or father’s details have changed from an earlier passport application.
You must:
1. Consider who the mother or father is for nationality purposes, using this guidance.
2. Add a case note to record your actions, decisions, and the evidence you used.
3. Decide whether to:
- accept the customer is a British national if they still have a claim through the parent named on the re-registered birth certificate
- not accept the customer is a British national if they no longer have a claim through the mother or father named on the re-registered birth certificate
If the customer has already been issued with a passport and they are no longer a British national, you must refer to Withdrawing passports and passport facilities.
Definition of parents: renewal or replacement applications
This section tells HM Passport Office staff what to do if the parental details on a passport application are different from a previous application.
You, the examiner, may receive an application where the parents’ details do not match the details given on a previous application. This change of details may affect who has parental responsibility, whether they can agree a child’s change of name or if the child has a claim to British nationality.
Where you discover, by checking previous applications, the parental details have been changed from the previous application you may need to ask for more documents. For example, you will need to see the child’s full birth certificate or additional evidence to confirm who the parents are for nationality purposes.
When you have received the full birth certificate or additional evidence you must:
- Reassess the current application using the guidance in Definition of parents for nationality purposes.
- Add a case note to record what:
- parental details were shown on the original passport application and the current application; and
- evidence has been provided to confirm the new parental details; and,
- effect the evidence and change has had to the child’s claim and who has parental responsibility for them
- Deal with the application appropriately depending on the circumstance.