decided to take early dna testing before the interview , result is negative..what to do?

[Palladin 18]

The presumption under Philippines law is that the father named on the birth certificate is the birth father of the child.

Think of the biological father in the case of a sperm donor. Who is the birth father in that case?

No a one night adultery is NOT a sperm donor. A sperm donor specifically sign legal documents to disclaim and release any claim of parenthood resulting from the donated sperm. A sperm donor can NEVER come back and claim parenthood based on biology, ever, period. So that is clean.

But in this case, the biological father simply has not shown up yet. He has NOT disclaimed or released his claim to the parenthood and could come back at any time in the future to make the claim and possibly establish a relationship, even theoretically. So that much is clean.

How could one claim to be a father simply by putting his name down on a piece of paper?

I think in this case the OP probably has no legal claim to the child's parenthood. He has NOT taken the action to establish a relationship. And this relationship did not exist to begin with, as a matter of fact.

Edited January 6, 2012 by Palladin

[I AM NOT THAT GUY 5,715]

The OP has petitioned the child as his "biological" father. Therefore, a very high probability USEM will request a DNA test. The "presumption" is not a guarantee. It's a chance.

So..I ask again. Are you suggesting the OP lie?

Since the OP paid for the DNA test on his own, presuming without the knowledge of anyone but the doctor, the lab, and the parents knowing the results, I don't see any need for that confidence to be broken.

[AmberOctober 25]

1st) Wow! How can you still love a woman that has absolutely betrayed you? She's an adulterer, period. You would have to be a bit of a masochist to remain in your marriage. As painful as it is, divorce and move on.

Wow. I'm wondering how is this you business. I though VJ is for giving immigration related advices at the first hand.

[I AM NOT THAT GUY 5,715]

No a one night adultery is NOT a sperm donor. A sperm donor specifically sign legal documents to disclaim and release any claim of parenthood resulting from the donated sperm. A sperm donor can NEVER come back and claim parenthood based on biology, ever, period. So that is clean.

But in this case, the biological father simply has not shown up yet. He has NOT disclaimed or released his claim to the parenthood and could come back at any time in the future to make the claim and possibly establish a relationship, even theoretically. So that much is clean.

How could one claim to be a father simply by putting his name down on a piece of paper?

I think in this case the OP probably has no legal claim to the child's parenthood. He has NOT taken the action to establish a relationship. And this relationship did not exist to begin with, as a matter of fact.

Here. Have fun with this:

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Art. 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (256a)

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a)

Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be

proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

http://www.weddingsatwork.com/culture_laws_familycode06.shtml

[~happyndinlove~ 540]

Wow. I'm wondering how is this you business. I though VJ is for giving immigration related advices at the first hand.

And I say right back to you. Using your logic. How is my post any of your business?

I have an idea. You post what you want. I post what I want. Everybody posts what they want. Let the mods sort it out.

Edited January 6, 2012 by ~happyndinlove~

[Palladin 18]

Since the OP paid for the DNA test on his own, presuming without the knowledge of anyone but the doctor, the lab, and the parents knowing the results, I don't see any need for that confidence to be broken.

Fail to disclose material facts that can effect one's immigration benefit is the same as explicit lies, as far as USCIS is concerned. It is seripus matter. If you acquire knowledge of a material fact which can change the availability of immigration benefit, then you have to disclose it truthfully. If the fact you know does not materially change the immigration benefit, then you don't have to disclose. In the OP's case it surely looks like it changes the game completely and he knows it, therefore he now has an obligation to disclose it to USCIS.

[Palladin 18]

Here. Have fun with this:

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

OK, let's have some fun with the above article. If the child was born BEFORE the marriage of the OP, then it does not apply. So let's talk about the case if the child is at least born AFTER the marriage.

Note the wording: ...conceived or born during the marriage of the parents ...

Not just any marriage, but THE marriage between the parents. In this case, the child was born during the marriage of his/her mother, and an un-related man. The marriage was NOT between both of his/her parents. So unfortunately the article does not apply. It was an un-related marriage, unrelated to the child's birth.

[I AM NOT THAT GUY 5,715]

Read on. See who can contest the record, on what grounds, and for what period of time. Once the birth is recorded, unless the court intervenes, the facts are as recorded.

[aboo 0]

markym

when was your son born? Was he born after you were married? If yes, Probably they won't request for a DNA test.I don't think you should call the uscis at this time. Keep calm

my son was born april 2008.. we got married nov 2009..who should i call USCIS or NVC?

[Deputy Purple 1,294]

my son was born april 2008.. we got married nov 2009..who should i call USCIS or NVC?

Contact the NVC since your case is currently there.

[OnMyWayID 1,489]

So the lesson for people in the future doing DNA tests: If the results of the test will not effect your decision do it *AFTER* the process if you feel the need.

[I AM NOT THAT GUY 5,715]

my son was born april 2008.. we got married nov 2009..who should i call USCIS or NVC?

That changes things. Yep. You may have to cool your heels for a bit while this thing gets straightened out. For instance, it is going to take a while to correct your son's Filipino birth records, and you may want to contact the NVC as soon as you lawyer up. No chance the embassy will not ask for a DNA test now, for both of you.

[aboo 0]

That changes things. Yep. You may have to cool your heels for a bit while this thing gets straightened out. For instance, it is going to take a while to correct your son's Filipino birth records, and you may want to contact the NVC as soon as you lawyer up. No chance the embassy will not ask for a DNA test now, for both of you.

[/quote

so my son's BC need to be corrected?

[Crashed~N2~Me 970]

so my son's BC need to be corrected?

Yes. but more importantly...

OP...This ball of twine has too many knots. You best get a lawyer ASAP. Even b4 you contact NVC. Untying this knot will take some time and some professional help. Plain and simple. You committed fraud. Willfully or not.. is what you will have to prove.

Good luck.

Edited January 6, 2012 by Crashed~N2~Me

[Deputy Purple 1,294]

So the lesson for people in the future doing DNA tests: If the results of the test will not effect your decision do it *AFTER* the process if you feel the need.

Wrong lesson, it's better to know and take the proper course of action from the start so do it BEFORE you start anything. Just because you don't know doesn't mean the Embassy won't ask for DNA.

Yes. but more importantly...

OP...This ball of twine has too many knots. You best get a lawyer ASAP. Even b4 you contact NVC. Untying this knot will take some time and some professional help. Plain and simple. You committed fraud. Willfully or not.. is what you will have to prove.

Good luck.

I agree with the advice to get a lawyer and I don't think I'd trust one in the Philippines unless they have impeccable references...