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Wednesday 20 July 2011

Divorced from reality

My son's mother was previously married to a fellow Brazilian. They married in the UK and lived there for some years. He returned to Brazil without waiting for the divorce to come through, making the process even harder. P met me while still in the UK, 1.5 years after her previous relationship had ended, and it was in the UK that she became pregnant. But the birth happened in Brazil. And here we sit in paralysis and perplexity: one Brit and two Brazilians. According to the UK Border Agency (UKBA), my son is not my son. He is the son of P and the man to whom she was still legally married when she gave birth.

Now just try this thought experiment: imagine that P had previously been married to me but that we had split up and she had returned, still not divorced, to Brazil. She then met a fellow Brazilian and they had a child. According to the Alice in Wonderland logic we have been given by the UKBA, we must assume that this happy Brazilian family would now be entitled to return to the UK on the basis that the baby is in fact British, being the legal offspring of P's still legally-wed British husband.

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