Bermudian women with children born overseas who return from living abroad through separation, divorce or widowhood are usually unaware of their new rights following last year's amendment of the Bermuda Immigration and Protection Act, 1956.

Prior to the amendment, the Act required Bermudian women who married non-Bermudians to take on their husband's domicile. In addition -- unlike Bermudian men whose children were born overseas -- the women did not have the right to pass on their heritage of Bermudian status to their children.

Following last year's status amendment, however, Section 18A removed the discriminatory clause and gave Bermudian women their own domicile.

Now the Women's Advisory Council is trying to spread the word. With the co-operation of the Department of Immigration, it has published a free brochure giving answers to the most commonly asked questions.

"Originally, the Council felt the Immigration Act was discriminatory, so we looked into it and the law was amended,'' explained former chairman Mrs. Kim Young. "Since then, there have been a lot of common questions about the amendment, so the Council compiled a list of them, got the correct answers from Immigration, and put them into brochure form.'' As to why it chose this particular aspect to pursue, Council chairman Mrs.

JoCarol Robinson said: "The Council has always pursued matters of inequality in statutes. They are anonymous and they are there because no-one has drawn attention to them or even considered them of any real importance.

"We are going to continue to provide information to the public as and when we are able to do so,'' she said.

Printed in eye-catching purple and white, the new brochure has been placed in doctor's offices, hairdressing salons, fitness centres, and the Department of Health. Soon it will be found in post offices as well.

"Obviously, all of the questions cannot be answered in this brochure because of the many variations on a situation,'' Mrs. Young explained, "so it advises the reader to contact the status and naturalisation officer at the Department of Immigration for further information.'' Here is a sampling of questions and answers from the new brochure: Q What does "domicile'' mean? A In determining domicile, each case is dealt with on individual merit and an affidavit of relevant facts and supportive documentation is required.

"Domicile is generally the country where a person has his or her permanent home,'' explained Mrs. Kim Young, former chairman of the Women's Advisory Council. "Previously, children born of Bermudian mothers overseas were denied the right to Bermudian status, and the ramifications of that were they were unable to work, receive scholarships, and there were implications with regard to inheritance.'' Prefaced by the note that "domicile is a matter of fact and Immigration determines the facts'', the brochure continues: Domicile may be a "domicile of origin'' which is passed by the father to the children by British common law at birth; or Domicile of choice which is based on intent or action up to the time of the birth of the child.

Domicile of origin is difficult to replace but may be lost by acquiring a "domicile of choice abroad''.

Q What is the procedure with regard to this new amendment? A Inquire at the Immigration counter in the Government Administration Building. Staff will guide you to the relevant documents or necessary section.

Q Prior to returning to Bermuda, do I need to register a child who is/was born overseas? A No. However, if you wish to confirm the Bermudian status of your child, please contact the Department of Immigration.

Q Must my child have five years' residence in Bermuda? A For a child who has Commonwealth citizenship and whose Bermudian mother is domiciled in Bermuda at the time of the birth: No.

A non-Commonwealth child under 18 whose Bermudian mother is domiciled in Bermuda at the time of the child's birth does not need to be resident in Bermuda but must be registered as a British Dependent Territories citizen in order to become a Bermudian.

A child over 18 who does not have Commonwealth citizenship and the Bermudian mother is domiciled in Bermuda at the time of the birth of the child, would have to be naturalised and may require some residence in Bermuda.

Q Does my child have to be a Commonwealth citizen? A Yes, your child who was not a Commonwealth citizen at birth may apply to be registered or naturalised as a British Dependent Territory Citizen by completing the form 5(2).

A child under 18 can complete form MN(2).

Other points the brochure makes are: Any child born a Commonwealth citizen on or after July 1, 1956 is automatically a Bermudian from birth if the Bermudian mother's domicile is Bermuda at the time of the child's birth.

Any child born in Bermuda to a Bermudian mother is a Bermudian, providing that child acquires Commonwealth citizenship at birth.

Q If in the future, as a Bermudian mother, I have a child overseas, how do I ensure my child has Bermudian status? A Write to the Department of Immigration and ask for confirmation.

Q Isn't there a moratorium on the granting of Bermudian status? A Yes. There is a moratorium...by Discretion until August 1, 1994, but not on the grant of Bermudian status by right.

The brochure also provides guidelines on basic information required for producing an Affidavit on Domicile, and lists Commonwealth countries by British Dependent Territories and countries whose citizens are Commonwealth citizens.

Mrs. Kim Young.

Mrs. JoCarol Robinson.