Jump to content

Child visa options


Vicbound

Recommended Posts

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?

Link to comment
Share on other sites

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 by Ken
  • Like 1
Link to comment
Share on other sites

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. 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...