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Daisyhill

If a chid is born in Australia to a British Mother?

and an Australian father...what nationality would she be? I suppose Australian..would there be any difficulties if the couple were to later divorce and the Mother want to take the child back to the UK?

    



Show all answers


holly
Rating
The child would be an australian citizen, the father is the legal guardian in Australia so if you later divorced you would need to have legal custody of the child to take she /he back to the UK.


Emma B
The child would be Australian. The father could take the mother to court as he would most likely still want to see the child and he still has rights to have custody


Charlie
Rating
If A British citizen gives birth overseas, that birth needs to be registered as soon as possible at the nearest British embassy or consulate. This protects the British citizenship of that child, provides a
British birth certificate and facilitates getting a British passport. The same is true for any nationality. Any foreign national giving birth in a foreign country needs to register the birth at the nearest embassy of their home country. Then, the child has dual citizenship. See site below.


Ozmaniac
A child born in Australia who has an Australian parent, is
automatically an Australian citizen.
http://www.citizenship.gov.au/automatic-citizenship/citz-by-birth.htm

If a child is born outside the United Kingdom or qualifying territory and one of her parents was a British citizen otherwise than by descent (i.e. has a British citizen by birth mother), she is a British citizen by descent.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/

In other words, the child would be both an Australian citizen and a British citizen by descent and could adopt either nationality or could be a dual citizen and be a national of both countries.

Apart from the question of the child's nationality, only the courts can decide who the child should live with and under what circumstances.


Humam H
Rating
ofcoure hell have australian nationality cause he was born in there and origin from a auss daddy but if his mother wanna take him back she can and in uk hell get the uk nationality easily cause hes mom has it


☮Kieran☮
Rating
i always thought of it as were youre born, my mums english my dads aus and i was born in england, so i gues im a pom


zafir
Rating
From the Australian Government Citizenship website:

"People born in Australia on or after 20 August 1986 become Australian citizens by birth if at least one parent is an Australian citizen or a permanent resident at the time of the person’s birth."

The child would be entitled to dual-nationality but, if the mother wanted to take the child back to the UK, she would need to get the father's permission to do so. However, the father is not the legal guardian of the child. Parents in Australia are entitled to joint custody of children, and a court will make the decision on whether one parent should have full custody.


Oliver M
They'd probably have a dual passport (like my second cousin).

:D


ÏŸTigerf0xÏŸ â„¢
Rating
The child can gain dual citizenships, but it would be automatically Australian as it was born here. There wouldn't be much troubles, as the mother is from the UK.


Essex Boy
Rating
the Child could probably get whats called a dual passport, and has the rights of both countries !


Natty-Lea
Rating
The child would be a dual-citizen. Australian and British. The parents should apply for an Australian passport and a British passport. There should be no problem with the mother taking her child back to the UK if she has the father's permission. :-)


Lalagaâ„¢
the child would be australian, but can also be British by descent. You would have to apply to the British Consulate in Australia, and they will send you an application for your child to also be a British subject. If you later divorce, you would definitely have to have your ex husbands permission to take her out of the country.


m
Rating
The child is by birth Australian, however they could apply for dual citizenship, in which case the child can hold both nationalities! Then they can choose where to live, and it also makes it much easier for travelling with either parent.


raat
No matter who is the father or the mother , If a child is born in Australia or any where for that matters the child is given citizenship called as citizen "By Birth" and since your child was born in Australia he/she will be have Australian Nationality .

now coming on to the next part of your question , If in future the couple decide to get divorced , in that case the Govt. will decide which person out of the two is better parent for the kid , financially , health wise , responsibility basis , and also other conditions which might be there at the time of divorce , All in all the Govt. will make a decision which is in best interest of the child and not in terms of nationality and the custody of the child will be given to the preferred parent.

Take Care.





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