The Secretary, Home and Territories Department, has requested an opinion as to whether an alien child, who has been legally adopted by a British subject, acquires
British nationality.

Although a relative or a stranger may put himself in loco parentis towards a child and certain legal consequences as between the parties result from that position, adoption, in the sense of the transfer of parental rights and duties in respect of a child to another person and their assumption by him, is not recognised by the law of England (Halsbury, Laws of England Vol. 17, p.111 and Humphrys v. Polak 1901 2 K.B. 385).

The relationship arising from adoption is a status unknown to English law, and does not, like the relationship between parent and child, affect the nationality of the adopted person.

In my opinion, therefore, an alien child, who has been adopted by a British subject, does not acquire British nationality.

[Vol. 20, p. 35]