Adoption and citizenship?

This question is about whether or not adoption can affect citizenship.

Basically my friend was born (and lives) in America. His mother is American but his father is English (moved to America in his 20's).

By UK law my friend is entitled to apply for UK citizenship since his father is English.

However this is where is gets complicated.

His parents divorced when he was 2 and his step-father (American) adopted him when he was 9.

Does this mean he won't be able to get UK citizenship?

Since legally his step-father is his father now and in the eyes of the law his biological father isn't recognised as his father at all.

To get citizenship he has to show his biological fathers birth cert and his own birth cert, but of course his biological father's name isn't on his birth cert anymore.

Has anyone dealt with a situation like this before?

Is there any way around it?

Phoenix

By UK law, he's not entitled to UK citizenship because his adoptive dad (the American) is his legal dad. The fact that his bio dad is English is irrelevant because by law, his English dad is no longer his legal dad.

My bio parents are Irish, but I can never claim Irish citizenship because my legal parents are British. Its stupid how a piece of paper can change your nationality, but thats how adoption works. It ***** people over like that.

Randy B

I have friends who dealt with a similar situation. The wife was Canadian and her first husband was English. They had two children, one boy and one girl, and eventually they divorced when the oldest was 8 and the first husband moved back to a little place in the south of England. She remarried and her second husband (who happened to be American) adopted both children.

When the son was 17 he knew he wanted to be able to go to the UK for University. Even though he had been adopted by an American father (they all had remained living in Canada) he was able to get the required visas to study in the UK. He eventually applied for, and was granted, citizenship based upon the nationality of his biological father. He's now, apparently, working in a small town outside of Portsmouth, England.

She did tell me that she still had her sons original birth certificate which listed his biological father rather then his adoptive father so perhaps that made a difference. In the area of Canada where this was done they don't reissue birth certificates for adoptions. I know when I adopted my daughter in Ontario they gave me a "certificate of live birth" but not a new birth certificate.

Heather B

It is unlikely that he would be entitled to UK citizenship as he was born and adopted in the USA and never resided in the UK.

He could petition the Court where the adoption was finalized to show 'good cause' to have his own original birth certificate (yes, I know, it's crazy having to grovel to get your own record of birth) or perhaps someone in the family kept a copy of the original before it was sealed upon adoption

Good luck

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