My fiancee's child has a different family name than my fiancee

[RobinLovesMarissa 0]

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

[TucsonBill 0]

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

I've got the same situation, i just included a certified, translated copy of the childs birth certificate showing the name of the mother and father. I'm sure that a woman having a child with a different last name is not something uncommon.

Bill

[rebelheart 0]

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

Hi, i have a same situation with ur fiance, the difference is my son was in my name and no father's name in his birth ceritificate.

If your fiance daughter's birth cert. in his father's name and also his father name was written on the birth cart. its a different issue. She has to undergo DSWD ( dept. of Socia Welfare devt) She need to apply for permit of the child to travel with the mother, with the consent of the father. So she need to talk it with her daughter father only for him to signed the paper required by DSWD.

If he failed to sign it, its a big problem, bcos even your fiance daughter will be given a visa from US Embassy, the Phil Embassy in NAIA airort won't allow her daughter to leave the phils without the consent of the father since they were on different name.

Simple TIP: Why dont she try to apply for a new birth cert of the child changed to her maiden name at the NSO Dept. of their CITY HALLL, since she was never been married by the guy and never supported them and lived with them. Its already a valid reason to do so. But i guess it will takes time, but if she do so now, application is processing already from the NSO.

its just a tip better than the father will mess up more for not willingly for her to bring the child. hope it helps.

gudluck!

Hi again its me ..

If you already put the child's name in the petition already, changing the birth cert will messed it up... sorry for giving confusion...

Talked with ur fiance, let her contact the father of the child... and request nicely to him to sign the DSWD form required to submit for the consent of the father to let the child to leave the phils with her mother.

thats all you could do for now.... bcos .... nowadays bringing child out of the Phils. was a very big issue now in Phils Immigration. Why i know??? my sister is one of the officer in the NAIA Immigration. They won't allowed child leave with incomplete papers to leave. You could bring birth certificate of the child... but the child was in her father's name .... so they need to undergo for DSWD visit. Even they're not been married and the father's name was not written on the birth cert. ... STILL...... the child is using the father's surname, that does not goes along your fiancee surname.

I didnt go thru DSWD bcos my son is illegitimate (means out of wedlock) never been married with his filipino father and my son is using my maiden name... so i only submit birth cert at the NAIA Immigration counter.

hope it helps...

[gym 0]

My son has a different family name to me and it wasn`t a problem at all anywhere in the process

[dwar49 0]

My son has a different family name to me and it wasn`t a problem at all anywhere in the process

The UK has different laws that the Phillipines.

My fiancee's daughter also has different last name than my fiancee. She was never married to the father and does not have custody papers or anything. Father lives in Spain and his where abouts are not certain. Under international agreement and British law there isnt a problem with that.

The phillipines have totally different laws.

[RobinLovesMarissa 0]

Thanks to all for your advice... i will check out more, is there any place that shows the laws in the philippines and the issues with parental rights?

I think both the fathers name and mothers name are on the birth certificate, the only thing is that the childs last name is the same as the fathers and not my fiancee's. So then will i still need to go the DSWD route?

Since i already petitioned with the child's surname using the fathers surname, as long as there's proof that my fiancee is the mother do you think that will be sufficient, or must we get the DSWD signed by the father?

thanks

[RobinLovesMarissa 0]

This is from : http://www.dswd.gov.ph/faqdetails.php?id=47

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

So according to this, my fiancee has legal custody of the child and as long as the child is traveling with the mother. As long as the Birth Certificate of the child shows that she is the mother, there shouldnt be any problems, right?

[rebelheart 0]

This is from : http://www.dswd.gov.ph/faqdetails.php?id=47

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

So according to this, my fiancee has legal custody of the child and as long as the child is traveling with the mother. As long as the Birth Certificate of the child shows that she is the mother, there shouldnt be any

What happened to "delivering a baby" in Phils ... before they allowed to use the father last name even not yet married its an on/off practice of some hospital, but recently as i deliver my son 2001, the NSO rules if theres no marriage contract can presented to prove marriage, your not allowed to use the father last name for the child been born... only for them to track down the percentage of illegitimate child born every year.

problems, right?

Hi, about the child having the father's name is no problem with the US embassy the problem is will be in the phil government. If the child is declared as illegitimate child, means the parents never been married, mostly the custody is with the mother .... the issue is : the mother is going out of the phils with the child and immigrating. Even no marriage , but the parent's name is on the child birth cert ..... ur fiance will be asked or could supply a CENOMAR (cert of marriage) just to prove she was never been married with the father of the child. "though" the main issue is the father's surname reflects on the child's birth certificate.... you will still undergo with the guidance of DSWD, supplying u a permit to travel form , that the father need to put his signature there, taht he is allowing your fiance to bring the child out of the phils.

Its the rules of Phils. Immigration you gonna deal with, as ive told you i undergo with DSWD already i even called them 5 times ..... why dont you asked your fiance to called DSWD and make inquiries about this.... she could mention that the child is illegitimate, ...... PLUS! DONT FORGET to mentioned that the child was in using the father's last name. bcos when i make inquiries before , i mentioned my son last name was in my maiden name and no father's name appeared in his birth certificate, bcos illegitimate doesnt only means out of wedlock pregnancy ... means also there's no certain point the child attached to the father's name. And in Airport Immigration, they dont allowed children to board without the DSWD permit with signed by both parents even not married, or been married, or been seperated or annulled, "EVEN" the child has a US visa or ticket to board the plane.....

worst case is they might put a case to your fiance doing "human traficking" bcos of incomplete travel permit and documents...... she will be asked by immigration officer documents as "BIRTH CERTIFICATE & since the child father's name showed in the birth cert.... DSWD PERMIT will be asked". This rules is not being followed only OUTGOING from Phils .... BUT also INCOMING to Phils ... if one of parent is not with the child.

simple TIPS: dont put too much burden of acquiring alot of documents needed when it some way it shows it is "really important".

"another info": that i am facing now for further application i will do ....... my US husband now is trying to make an adoption of my son in able for my son to use his last name. my problem now... since my son is illegitimate, in US government there is no certain "illegitimate" adoption need consent of the father as well ... so that means i need to contact him and asked a notarized letter of him giving me all the custody and rights to my son to be adopted of my US husband that he will not do harm or mess with it". See... processing is still not stoping in just flying over to US

god bless!

Edited August 2, 2006 by rebelheart

[jo&john 1]

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

Hello wsuguy04 ..it is ok if your fiancee's daughter's family name is of the father's. It won't hinder issuance of the visa. You don't even need a travel clearance from DSWD. Since your fiancee has been supporting the child eversince, she is considered as a Solo Parent. She can apply for a Solo Parent ID at DSWD.

A friend from regional DSWD recently told me that a travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian.

I got this from the Philippine Embassy website (for more information):

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

Administrative Order No. 2

Series of 2006

Subject: Amendments to Omnibus Guidelines for Minors Traveling Abroad

(AO 14 series of 2005)

In the interest of efficient public service and pursuant to the provisions of existing laws particularly Article IV, Section 8a, Republic Act 7610 otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act and Section 5f, Republic Act 8239 otherwise known as Philippine Passport Act of 1996, and to respond to issues and concerns based on the actual experiences of the field implementers and other stakeholders, Administrative Order No. 14, Series of 2005 or the Amended Omnibus Guidelines for Minors Traveling Abroad is hereby amended.

Henceforth, this guideline shall provide the direction for the issuance of travel clearance to minors traveling abroad in so far as the specific provisions listed herein are concerned.

1. General Policies:

1.1 A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1.1.1 a minor traveling alone to a foreign country except under special circumstances where a minor whose parents are in the foreign service or are living abroad or are immigrants provided he/she is holding a valid pass such as a dependent’s visa/pass/identification card or permanent resident visa/pass/identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking

1.1.2 a minor traveling to a foreign country accompanied by a person other than his/her parents

1.2 A travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian. Solo parenthood or legal guardianship may be proved by:

1.2.1 a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

1.2.2 a photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

1.2.3 in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

1.2.4 in the case of a deceased parent, a photocopy of the death certificate, and

1.2.5 in the case of legal guardianship, a certificate of legal guardianship issued by the court

1.3 A minor traveling abroad whose parents are in the foreign service or are living abroad or are immigrants is not required a travel clearance provided he/she is holding a valid pass such as a dependent’s visa/ pass/identification card or permanent resident visa/pass/ identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

1.4 A travel clearance certificate shall be valid for a period of one year from the date of issuance and shall be valid for multiple travels within the validity period, provided that the conditions under which the travel clearance was issued have not changed. If a change in condition occurs, e.g., a change in traveling companion, a new travel clearance must be obtained.

2. Documentary Requirements:

2.1 For a minor traveling alone to a foreign country for the first time

2.1.1 Duly accomplished application form

2.1.2 A photocopy of the birth certificate or passport of the minor

2.1.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.1.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

a photocopy of a certification from the local Social Welfare and Development office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.1.5 Two colored passport size photos of the minor taken within the last 6 months

2.2 For a minor traveling alone to another country subsequently:

2.2.1 Duly accomplished application form

2.2.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.2.3 A photocopy of the previous travel clearance or as required in 2.1.2 and 2.1.4

2.2.4 Two colored passport size photos of the minor taken within the last 6 months

2.3 For a minor traveling for the first time with a person other than the parents or legal guardian:

2.3.1 Duly accomplished application form

2.3.2 A photocopy of the birth certificate or passport of the minor

2.3.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them.

2.3.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents,

a solo parent identification card from the Municipal Social Welfare & Development Office or

a certification from the local Social Welfare and Development office of being a solo parent or

a court decree of separation, annulment or divorce, or

Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.3.5 Two colored passport size photos of the minor taken within the last 6 months

2.3.6 Photocopy of the passport of the traveling companion

2.4 For a minor traveling subsequently with a person other than the parents or legal guardian:

2.4.1 Duly accomplished application form

2.4.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them

2.4.3 A photocopy of the previous travel clearance or as required in 2.3.2 and 2.3.4

2.4.4 Two colored passport size photos of the minor taken within the last 6 months

2.4.5 Photocopy of the passport of the traveling companion

3. Procedures

3.1 Application: The application for travel clearance together with the supporting documents required shall be submitted/filed by the parent or legal guardian or a duly authorized representative at any DSWD Field (regional) office (Please see attached list). Application forms may be obtained from any DSWD Field (regional) office or travel clearance office or may be downloaded from the DSWD website (www.dswd.gov.ph).

3.2 Issuance: The travel clearance may be obtained within 3 working days from the DSWD field (regional) or travel clearance unit where it was submitted, provided all requirements have been fulfilled.

3.3 Fees: The DSWD shall collect a processing fee of P300.00 for each travel clearance issued to minors traveling abroad in accordance to Administrative Order NO. 60, series of 2003 (Amendment in the Guidelines on the Charging of Fees and Services). An official receipt shall be issued for the fee collected.

All issuances inconsistent with this Administrative Order are hereby revoked.

Issued this 31st day of March 2006.

Dr. ESPERANZA I. CABRAL

Secretary

Hope this helps you...God bless you on your journey!

[RobinLovesMarissa 0]

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

Hello wsuguy04 ..it is ok if your fiancee's daughter's family name is of the father's. It won't hinder issuance of the visa. You don't even need a travel clearance from DSWD. Since your fiancee has been supporting the child eversince, she is considered as a Solo Parent. She can apply for a Solo Parent ID at DSWD.

A friend from regional DSWD recently told me that a travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian.

I got this from the Philippine Embassy website (for more information):

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

Administrative Order No. 2

Series of 2006

Subject: Amendments to Omnibus Guidelines for Minors Traveling Abroad

(AO 14 series of 2005)

In the interest of efficient public service and pursuant to the provisions of existing laws particularly Article IV, Section 8a, Republic Act 7610 otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act and Section 5f, Republic Act 8239 otherwise known as Philippine Passport Act of 1996, and to respond to issues and concerns based on the actual experiences of the field implementers and other stakeholders, Administrative Order No. 14, Series of 2005 or the Amended Omnibus Guidelines for Minors Traveling Abroad is hereby amended.

Henceforth, this guideline shall provide the direction for the issuance of travel clearance to minors traveling abroad in so far as the specific provisions listed herein are concerned.

1. General Policies:

1.1 A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1.1.1 a minor traveling alone to a foreign country except under special circumstances where a minor whose parents are in the foreign service or are living abroad or are immigrants provided he/she is holding a valid pass such as a dependent’s visa/pass/identification card or permanent resident visa/pass/identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking

1.1.2 a minor traveling to a foreign country accompanied by a person other than his/her parents

1.2 A travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian. Solo parenthood or legal guardianship may be proved by:

1.2.1 a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

1.2.2 a photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

1.2.3 in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

1.2.4 in the case of a deceased parent, a photocopy of the death certificate, and

1.2.5 in the case of legal guardianship, a certificate of legal guardianship issued by the court

1.3 A minor traveling abroad whose parents are in the foreign service or are living abroad or are immigrants is not required a travel clearance provided he/she is holding a valid pass such as a dependent’s visa/ pass/identification card or permanent resident visa/pass/ identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

1.4 A travel clearance certificate shall be valid for a period of one year from the date of issuance and shall be valid for multiple travels within the validity period, provided that the conditions under which the travel clearance was issued have not changed. If a change in condition occurs, e.g., a change in traveling companion, a new travel clearance must be obtained.

2. Documentary Requirements:

2.1 For a minor traveling alone to a foreign country for the first time

2.1.1 Duly accomplished application form

2.1.2 A photocopy of the birth certificate or passport of the minor

2.1.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.1.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

a photocopy of a certification from the local Social Welfare and Development office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.1.5 Two colored passport size photos of the minor taken within the last 6 months

2.2 For a minor traveling alone to another country subsequently:

2.2.1 Duly accomplished application form

2.2.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.2.3 A photocopy of the previous travel clearance or as required in 2.1.2 and 2.1.4

2.2.4 Two colored passport size photos of the minor taken within the last 6 months

2.3 For a minor traveling for the first time with a person other than the parents or legal guardian:

2.3.1 Duly accomplished application form

2.3.2 A photocopy of the birth certificate or passport of the minor

2.3.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them.

2.3.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents,

a solo parent identification card from the Municipal Social Welfare & Development Office or

a certification from the local Social Welfare and Development office of being a solo parent or

a court decree of separation, annulment or divorce, or

Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.3.5 Two colored passport size photos of the minor taken within the last 6 months

2.3.6 Photocopy of the passport of the traveling companion

2.4 For a minor traveling subsequently with a person other than the parents or legal guardian:

2.4.1 Duly accomplished application form

2.4.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them

2.4.3 A photocopy of the previous travel clearance or as required in 2.3.2 and 2.3.4

2.4.4 Two colored passport size photos of the minor taken within the last 6 months

2.4.5 Photocopy of the passport of the traveling companion

3. Procedures

3.1 Application: The application for travel clearance together with the supporting documents required shall be submitted/filed by the parent or legal guardian or a duly authorized representative at any DSWD Field (regional) office (Please see attached list). Application forms may be obtained from any DSWD Field (regional) office or travel clearance office or may be downloaded from the DSWD website (www.dswd.gov.ph).

3.2 Issuance: The travel clearance may be obtained within 3 working days from the DSWD field (regional) or travel clearance unit where it was submitted, provided all requirements have been fulfilled.

3.3 Fees: The DSWD shall collect a processing fee of P300.00 for each travel clearance issued to minors traveling abroad in accordance to Administrative Order NO. 60, series of 2003 (Amendment in the Guidelines on the Charging of Fees and Services). An official receipt shall be issued for the fee collected.

All issuances inconsistent with this Administrative Order are hereby revoked.

Issued this 31st day of March 2006.

Dr. ESPERANZA I. CABRAL

Secretary

Hope this helps you...God bless you on your journey!

Well then i will make sure that she get's a Solo parent ID. The reason i am handling this now is that she is in china at the moment, not the philippines, so i am trying to get this figured out so when she returns to the philippines she will know what she needs to do.

Thanks for all your help,

God Bless..

update yall when i know more..