Hi, we are EEA citizens with PR status since 2011. We adopted a child born in the UK to British parents in 2016,through in-country adoption process in the UK. We were denied his first British passport.The reason for rejection was he was adopted and we are not British. We applied for passport thinking he gained all the rights of our biological child, if he was born to us he would have automatically get British nationality at birth (as per EEA treaty rights and Bna81, c. 61,s1b).The passport office refused to give any more details on their rejection. We are not in position to apply for confirmation of nationality letter as we have very limited information about the birth family. We want to avoid the situation where our son lost his British nationality because we adopted him. Thank you

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Public Answer: 

Thank you for your enquiry. 

Your enquiry raises very complex issues under Nationality Law. The obvious assumption would be that the child is British as the child's biological parents are British. However, you lack evidence of the fact that the parents are British. It may be that the child needs to be registered as a British citizen and as such there is a designated application for this. 

In any event we will need full instructions from you before we can determine the best course of action in this matter. 

Someone will be in touch with you shortly to see how we can help you further.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.

We look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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