Vicbound Posted January 2, 2021 Share Posted January 2, 2021 We are starting to pull together what we need to apply for visas to move to family in Australia. Married couple, child who is biologically related to the non-Australian parent, born in the UK via ivf and donor sperm. Both parents listed on birth certificate, and legally parents from birth. Can’t work out from Immi if the child would be eligible for citizenship by descent, or a child 101 visa - and if not, what visa, as adoption is not required as both are legally parents under uk law. It mentions dna testing, but eligibility does not mention biological relationship. There’s a lot of info for surrogacy but not for our situation. Can anyone assist with what applies? Quote Link to comment Share on other sites More sharing options...
Vicbound Posted January 2, 2021 Author Share Posted January 2, 2021 Sorry, to clarify - one parent was born in Australia and is an Australian citizen. Quote Link to comment Share on other sites More sharing options...
Ken Posted January 3, 2021 Share Posted January 3, 2021 (edited) First off DNA testing is not routine. I believe it only applies if the parents aren't named on a birth certificate and perhaps for some parts of the world where birth certificates can't be relied upon. For a child born in the UK a UK birth certificate would be accepted as fact unless there's some reason you think they wouldn't? Secondly citizenship by descent applies to adopted children as well as to biological children. The rules probably haven't caught up to mention donor births specifically but if it's not accepted that the child is biologically that of the Australian parent then it would undoubtedly be the adopted child of the Australian parent. The fact that the parent is named on the birth certificate should be sufficient to show that without needing an adoption certificate. As you've already said eligibility does not mention biological relationship. The birth certificate evidences the legal relationship. Edited January 3, 2021 by Ken 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 3, 2021 Share Posted January 3, 2021 3 hours ago, Ken said: First off DNA testing is not routine. I believe it only applies if the parents aren't named on a birth certificate and perhaps for some parts of the world where birth certificates can't be relied upon. For a child born in the UK a UK birth certificate would be accepted as fact unless there's some reason you think they wouldn't? This is not always the case. Birth certificates are self reported and I have been asked to provide DNA in some cases. 3 hours ago, Ken said: The rules probably haven't caught up to mention donor births specifically but if it's not accepted that the child is biologically that of the Australian parent then it would undoubtedly be the adopted child of the Australian parent. The fact that the parent is named on the birth certificate should be sufficient to show that without needing an adoption certificate. The rules have caught up and the relevant ones are section 8 of the Citizenship Act and sections 60H or 60HB of the Family Law Act. Quote Link to comment Share on other sites More sharing options...
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