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To: Seizethecarp

No. The marriage is irrelevant in that scenario. Davis is the biological father and is listed on the BC. Junior would absolutely be NBC.


561 posted on 01/21/2012 8:26:49 AM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

“No. The marriage is irrelevant in that scenario. Davis is the biological father and is listed on the BC. Junior would absolutely be NBC.”

IIRC, it is settled law for the US and UK that the child born in a legal marriage has the legal husband of the mother as the legal father for all legal purposes including citizenship...regardless of who is on a BC.

All over the US there are fathers paying child support for children even though DNA proved the child NOT to have been their biological child.

It doesn’t matter who in on the BC as the father if there is a legal marriage in force at the time, IIRC.

If the 1948 explicitly excludes illegitimate children I would expect it to include as legitimate all children born during a legal marriage of a UK subject father, but until an HI BC with a US citizne shown as Barry’s father shows up we don’t have to worry about that.


609 posted on 01/21/2012 9:39:14 AM PST by Seizethecarp
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