6.—(1) The Secretary of State may waive the fee specified in 19.3.1 in respect of an application for registration as a British citizen made—
(a)under section 3(1) of the 1981 Act,
(b)in respect of a child born on or after 1st July 2006, and
(c)on the grounds in sub-paragraph (2).
(2) The grounds are that—
(a)at the time of the child’s birth, the woman who gave birth to the child (“the child’s mother”) was married to, or in a civil partnership with, a man other than the child’s natural father,
(b)no person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008,
(c)no person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, and
(d)the child would have automatically become a British citizen at birth by the operation of any provision of the 1981 Act if the child’s mother had been married to, or in a civil partnership with, the child’s natural father at the time of the child’s birth (irrespective of whether the child’s mother and natural father could actually have been married to, or in a civil partnership with, each other at that time).
(3) The reference in sub-paragraph (2)(d) to automatically becoming a British citizen at birth is to be construed in accordance with section 4J(4) of the 1981 Act.]
Textual Amendments
F1Sch. 8 para. 6 inserted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 9(4)