Getting a child to the US with a different "father" name on Birth Certificate

[cleverest 1]

The wonderful woman I want to get over to the US from the Philippines has a child that we want to bring over as well (within the next year or two of her acceptance via a K1 visa), either as part of a K2 visa, or if later (beyond 1yr) submitting an immigration application....however the child's birth certificate has her (biological) fathers name on it (he made a point to show up at hospital and sign/register it) before dissapearing completely from her life, she and her child hasn't heard from him in the entire 3 years of the this child's existence and he hasn't supported them at all. Is there anyway to get this name on the birth certificate overturned so we can bring her to the US and give her a proper father growing up? (ME) - any way to show this guy has abandoned his fatherly responsibilities and is no longer fit?

Thank you for any help...

- Brett

[Ontarkie 14,133]

~~~~Moved to the Philippines forum, from Bringing Family Members of US Citizens to America. This question is in need of Country specific answers~~~~

[six7one 17]

If they were never married, then under Philippine law the mother has ultimate authority over the child. There should not be any issue with the child leaving the country for immigration into the US unless the father has filed any sort of custody matters in the Philipines courts. The child having the father's last name or his name on the birth certificate has no bearing on immigratting provided the mother was never married, and the child's BC clearly indicate that she is indeed the mother. Changing information on the BC is an entirely different issue that would surely require legal expertese in the Philipines.

[Artisan 138]

The wonderful woman I want to get over to the US from the Philippines has a child that we want to bring over as well (within the next year or two of her acceptance via a K1 visa), either as part of a K2 visa, or if later (beyond 1yr) submitting an immigration application....however the child's birth certificate has her (biological) fathers name on it (he made a point to show up at hospital and sign/register it) before dissapearing completely from her life, she and her child hasn't heard from him in the entire 3 years of the this child's existence and he hasn't supported them at all. Is there anyway to get this name on the birth certificate overturned so we can bring her to the US and give her a proper father growing up? (ME) - any way to show this guy has abandoned his fatherly responsibilities and is no longer fit?

Thank you for any help...

- Brett

While ultimately the custody of an illegitimate, yet recognized, child does belong to the mother there is case law that may prevent the child from traveling abroad if the father wishes to cause trouble. I am assuming that your fiance was never married. If that's the case the father could, if he desired, place a complaint in front of a judge to find your fiance unfit and assume custody.

In connection thereto, the following grounds are considered ample justifications to deprive the mother of custody and parental authority: neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of child, insanity, and affliction with a communicable disease. In cases of custody, the court shall always consider the best interest of the child (Joey Briones v.Maricel Miguel, et.al., G.R. 156343, 18 October 2004).

The one thing in that list to really watch for is immorality. If the father hears that your fiance is leaving the country with his child and wants to cause trouble all he'd have to do is get witnesses to the fact that she co-habitated with you (or any other male) for any length of time as an unwed woman. The judges in the Philippines are known to thrown the book at women that don't meet their exacting moral standards, especially if she lives outside Manila or Cebu.

[cleverest 1]

Thank you for the excellent responses. We will just have to hope the biological father is truly GONE and doesn't respond to any inquiries during the K1 Visa process OR that he simply agrees....can't imagine he would want the child since he hasn't shown the slightest interest yet...

That being said, should the mother in this case try to contact the father and see if he will be peaceful about it, or is it better to just start the process and go from there? We don't plan on bringing the child over immediately, we want to get settled here first, and the child will be taken care of without any issues my the grand-mother and my fiance's sister during this time (supported financially by me of course), and we will probably have to file an immigration request later because it will be longer than the 1yr requirements of the k2 visa....eventually we want to get the mother over as well....

Any advice in this appreciated. We are just praying that everything works out that the biological father doesn't cause any issues...

[Artisan 138]

Any advice in this appreciated. We are just praying that everything works out that the biological father doesn't cause any issues...

Most of the time the father doesn't care. However you did state that he did go out of his way to recognize the child (which has certain, very specific, legal implications in the Philippines) so he may be very proud that he has someone that legally bears his name. If the father still knows the mother's family or lives in the same barangay and is sure to hear through the grapevine about your fiance's impending departure it may be worthwhile to get things handled now. One thing you can do is, after you are married, apply to adopt her child. That will also allow the child to stop using the biological father's surname and use your surname instead. (One of the very specific reasons an illegitimate child is recognized by the father is to have the child carry the father's surname, so keep that in mind.)