Kids birth certificate, no fathers name on it.

[martinbr 1]

Can someone shed some light on what I am supposed to have here for a step child that I will by trying to get over here in the next year?

I am waiting on one piece of paper for almost the past 2 months to try to get my new wife and her step child over here to the U.S. I am filing two I-130 petitions for her and the child. I will be going the CR1 route. We were married 11/19/07 this year. But now I was told by some member of VJ that I need bonafide documentation showing that the mother has full custody of the child. The child was born out of wedlock. She doesn't know where the father is. The child's birth certificate doesn't have the fathers name on it. It has the mother's maiden name. We just had it changed with a attorney through the N.S.O because the original birth certificate had incorrect information on it. Are you following this? Now I'm told that it needs to show both parents on the child's birth certificate. But the kid has never even seen here original father. She is 10 yrs old and the father hasn't been seen since she was born. She has been with the mother since she was born.

What needs to be done here so I don't have a problem when this gets to Manila by a consulate to review?

[sunandmoon 450]

as far as I know, nothing. this is the same situation as my step daughter. In the Philippines, the mother has sole custody of an illegitimate child. At the interview, not one question was asked about our daughter's biological father.

with no father listed on the birth certificate, I don't think you will have any problems.

[sunandmoon 450]

Can someone shed some light on what I am supposed to have here for a step child that I will by trying to get over here in the next year?

I am waiting on one piece of paper for almost the past 2 months to try to get my new wife and her step child over here to the U.S. I am filing two I-130 petitions for her and the child. I will be going the CR1 route. We were married 11/19/07 this year. But now I was told by some member of VJ that I need bonafide documentation showing that the mother has full custody of the child. The child was born out of wedlock. She doesn't know where the father is. The child's birth certificate doesn't have the fathers name on it. It has the mother's maiden name. We just had it changed with a attorney through the N.S.O because the original birth certificate had incorrect information on it. Are you following this? Now I'm told that it needs to show both parents on the child's birth certificate. But the kid has never even seen here original father. She is 10 yrs old and the father hasn't been seen since she was born. She has been with the mother since she was born.

What needs to be done here so I don't have a problem when this gets to Manila by a consulate to review?

was that member from Philippines or familar with Philippine Family Law? Family law varies from country to country.

from Family Code of the Philippines:

Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

[martinbr 1]

Well that's what I thought. I mean the kid never even met the father at all. So I am not going to lose sleep about it. I just want to get this thing going. What a tedious process this is and I haven't even gotten started yet and I am already missing her.

Anyone know if they are starting to catch up with the massive rush of applications to beat the new fees?

thanks,

martinbr

as far as I know, nothing. this is the same situation as my step daughter. In the Philippines, the mother has sole custody of an illegitimate child. At the interview, not one question was asked about our daughter's biological father.

with no father listed on the birth certificate, I don't think you will have any problems.

[Pinay Wife 47]

I am waiting on one piece of paper for almost the past 2 months to try to get my new wife and her step child over here to the U.S.

Am I understanding correctly that the daughter is your wife's stepchild? If she is a stepchild and not your wife's biological child, then you may have to show legal documentation of your wife's claim for custody like a court decree and an amended birth certificate listing your wife as the mother.

Biological and illegitimate children, however, are automatically under the full parental authority of their mother under Philippine law.

[martinbr 1]

No, this would be my step child, her real daughter. Never has seen the father in her life time. She got pregnant and the father took off. Nice guy huh? But I am relieved to know that this shouldn't be a problem. As soon as I get the kids birth certificate next week I can send in my petitions and get started on this long agonizing wait to get her and the kid over here. I will then start a timeline.

martinbr

I am waiting on one piece of paper for almost the past 2 months to try to get my new wife and her step child over here to the U.S.

Am I understanding correctly that the daughter is your wife's stepchild? If she is a stepchild and not your wife's biological child, then you may have to show legal documentation of your wife's claim for custody like a court decree and an amended birth certificate listing your wife as the mother.

Biological and illegitimate children, however, are automatically under the full parental authority of their mother under Philippine law.

Edited December 25, 2007 by martinbr

[jom 4]

Hi Martinbr.

According to my wife. . she's a lawyer back in t he Philippines ... your wife need not do anything because the birth certificate itself is enough proof that she has sole custody of the child. Entry of the father is unknown.

With due respect to roy and razis comment . . quoting the family code, this doesnt apply because the child is not fighting for his legitime or her status of being an illigitimate child for succession purposes. Just present the childs birth certificate, after all what can the govt do if from the very start the father is unknown and cant be located? Nothing. . in her case, this made things easier because for travel purposes abroad, since the father is unknown, his signature is not needed to bring his minor child outside the Philippines.

Hope this helps and Merry Christmas

Joe

[Pinay Wife 47]

x x x

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

I think Roy just wanted to show the law where it quotes the parental authority of the mother over illegitimate children. The provision just happens to include an illegitimate child's entitlement to inheritance in case he/she wants to claim it in the future.

[sunandmoon 450]

x x x

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

I think Roy just wanted to show the law where it quotes the parental authority of the mother over illegitimate children. The provision just happens to include an illegitimate child's entitlement to inheritance in case he/she wants to claim it in the future.

sorry if my cut and paste caused any confusion. I had the same situation with my

step daughter. just trying ease any concerns of martinbr.

[martinbr 1]

Thanks everyone for clearing this up. I understand completely of my situation of the step child. This takes a load of my mind and will make things easier to get this thing going. I don't want any unexpected problems down the line.

martinbr