Three months after the Privy Council determined that children born out of wedlock in The Bahamas to Bahamian fathers and foreign mothers are citizens at birth, Attorney General Ryan Pinder said the Ministry of Health is still finalizing the rules to establish paternity for individuals impacted by that ruling whose fathers are not listed on their birth certificates.

"The short answer is, in situations where the father is on the birth certificate, they can apply for a passport," Pinder noted yesterday.

"Where the father is not on the birth certificate, they need to show a DNA test to confirm paternity. The protocols of the DNA test procedure [are] being worked on by the Ministry of Health."

Health Minister Dr. Michael Darville did not immediately respond to questions regarding those rules and when the public can expect them to be finalized.

Pinder previously explained that Bahamian citizenship is now automatic for children born in The Bahamas out of wedlock to a Bahamian father and foreign mother.

In June, Pinder said, "We're working with the Ministry of Health to properly define that protocol. As you can imagine, it has to be by way of certified laboratories and properly recognized DNA results and only down so many generations in these types of questions.

"Once that protocol is in place, then, naturally, we'll be able to proceed on the DNA element of it. When the father is not on the birth certificate, we look to finalize that in short order."

Prior to the Privy Council ruling, Article 6 of the constitution for the last 50 years had been interpreted as saying a child born to a Bahamian father and foreign mother out of wedlock is a Bahamian at birth only if the parents were married at the time.

Individuals in this category had been permitted to apply for citizenship at age 18.

Article 6 states: "Every person born in The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas."

In a ruling in 2020, then-Supreme Court Justice Sir Ian Winder, now the chief justice, ruled that every person born in The Bahamas shall become a citizen of The Bahamas at their date of birth if either parent, irrespective of their marital status, is a citizen of The Bahamas.

The Court of Appeal affirmed his ruling in 2021 and the government appealed to the Privy Council.

The post AG: Govt still finalizing DNA rules for proof of paternity  appeared first on The Nassau Guardian.

The post AG: Govt still finalizing DNA rules for proof of paternity  appeared first on The Nassau Guardian.

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