Do we need bio-fathers permission, if he's not on stepdaughters birth certificate??

[nyankee 0]

Well, right now my stepdaughter's birth certificate has her bio father's last name. He did not want to help us or give permission for her to leave the country, when he only visits her once a year. So we talked to a lawyer and a judge who will take away his parental right as well as his last name from the birth certificate. So my stepdaughter will only carry her mother's last name. I will adopt her once she arrives in the US.

My question is if we would still need the bio-father's permission. He's last name will not be on the birth certificate and after the process is done he wont have any rights to her because it will be a judicial order. We were thinking of just saying that the father never recognized her, which is why she has no father on her birth certificate, and that automatically gave her sole costudy. OR would my wife need a document stating that she has sole custody, even her daughter's father is not listed in the birth certificate?? anyone been through this?

[Beth/ Paris Heart 2]

Well, right now my stepdaughter's birth certificate has her bio father's last name. He did not want to help us or give permission for her to leave the country, when he only visits her once a year. So we talked to a lawyer and a judge who will take away his parental right as well as his last name from the birth certificate. So my stepdaughter will only carry her mother's last name. I will adopt her once she arrives in the US.

My question is if we would still need the bio-father's permission. He's last name will not be on the birth certificate and after the process is done he wont have any rights to her because it will be a judicial order. We were thinking of just saying that the father never recognized her, which is why she has no father on her birth certificate, and that automatically gave her sole costudy. OR would my wife need a document stating that she has sole custody, even her daughter's father is not listed in the birth certificate?? anyone been through this?

The judge can take away his parental rights, and issue the mother sole custody, but a Judge can not just remove his name from the childs birth certificate, his is the father NAMED on the birth certificate.

Only way a childs name can be changed is to apply for it, and only a judge can grant that request.

If the mother has sole custody, she needs no permission from the biological father. And USCIS/ U.S. embasy will ask for that court order of her having sole custody before a visa is issued for that child to come to USA.

What ever you do, DO NOT LIE to anyone about the childs name, or the biological fatherl

Edited October 14, 2009 by Paris Heart

[nyankee 0]

well, it can be done in bolivia. The judge will grant the order to remove his last name. what do i say then, if she does not have the fathers last name on the birth certificate? do i just say the judge granted the removal of his last name. will they ask for permission if they know she did have his last name?

[Beth/ Paris Heart 2]

well, it can be done in bolivia. The judge will grant the order to remove his last name. what do i say then, if she does not have the fathers last name on the birth certificate? do i just say the judge granted the removal of his last name. will they ask for permission if they know she did have his last name?

NO, UCSIC and the embassy will ask for the for proof, verbal is not good enough. They will ask for the order signed by a Judge.

Bottom line, rather the child has or does not have his last name is truly not the issue, the issue is if the mother has sole custody, she does not need fathers permission to do anything concerning the child.

I would check with a U.S. attorney, cause your dealing with USA on this, USCIS, not the Columbian government on the USA visa. they are the ones to issue the childs visa, not Bolivia. Good luck. There is a great immigration attorney here on VJ ellis-island his name is Marc Ellis, wonderful guy, and great attorney. marcellislaw@gmail.com

[ScottThuy 140]

Maybe this will help http://www.visajourney.com/forums/index.ph...=216577&hl=

or this http://www.visajourney.com/forums/index.ph...=218945&hl=

or this http://www.visajourney.com/forums/index.ph...=221336&hl=

[nyankee 0]

well threads were asking something else. I decided to take a different route.

[ScottThuy 140]

It all boils down to the same thing. International kidnapping. Without the bio fathers quit claim or a court order taking his parental rights away.. the child can't be removed from the country legally. I am not the first one to say this.. thats why I posted those links.... Based on your previous posts your are trying everything you can to sidestep the law. If you get caught trying to be slick and not going by the book, you could end up in prison for a long time...

AS was stated before.. quit claim or court order...

[nyankee 0]

Got it, Thanks. i'll make sure i get official documents stateting all of that.