K2 Visa and Parental Rights

[Sahs 10]

Hi Everyone,

I was hoping someone had some experience with an issue that's recently crossed our path...

My fiance and I would like to obtain a K2 Visa on her son of whom we will raise as our own child. This issue has to do with the question, "do we have to get the consent of the biological father"?

Note that the child's birth certificate does not show the name of the biological father and he has never been involved with the child in a parenting roll at any point.

The child is 4 years old and actually considers me, and I the same, his daddy.

Does anyone know what the requirements are in relation to our situation?

Thanks in advance for any experienced input on the matter.

[JaMeMa 2]

I am in the same boat as you. We gotta our NOA2 in July 03/2012 and still stuck coz the biological father of my 10 yrs old daughter does not want to give the consent with unreasonable grounds. With us we started the court in January 2012 and still waiting. I'm hoping it'll be overuled by this month.

I'm not a Fillipino so I'm hoping others will chime in.

All the best of luck to us all:-) and remember you really need the consent!!!

Hi Everyone,

I was hoping someone had some experience with an issue that's recently crossed our path...

My fiance and I would like to obtain a K2 Visa on her son of whom we will raise as our own child. This issue has to do with the question, "do we have to get the consent of the biological father"?

Note that the child's birth certificate does not show the name of the biological father and he has never been involved with the child in a parenting roll at any point.

The child is 4 years old and actually considers me, and I the same, his daddy.

Does anyone know what the requirements are in relation to our situation?

Thanks in advance for any experienced input on the matter.

Edited October 2, 2012 by JaMeMa

[Scott & Annie 19]

Hi Everyone,

I was hoping someone had some experience with an issue that's recently crossed our path...

My fiance and I would like to obtain a K2 Visa on her son of whom we will raise as our own child. This issue has to do with the question, "do we have to get the consent of the biological father"?

Note that the child's birth certificate does not show the name of the biological father and he has never been involved with the child in a parenting roll at any point.

The child is 4 years old and actually considers me, and I the same, his daddy.

Does anyone know what the requirements are in relation to our situation?

Thanks in advance for any experienced input on the matter.

My wife and stepdaughter came over last year using the K1/K2 visa. Same scenario as yours, biological father was not on the BC and no involvement in her life (she was 11 yo when they came over).

In the Philippines if the father is not listed on the BC and the child has the mothers maiden name, then there are usually no questions asked. I know they never asked my wife nor my new daughter any questions about the father.

We actually entered "Unknown" for the father on her paperwork. I don't believe there will be any problems.

Good Luck!

[apple21 953]

"do we have to get the consent of the biological father"?

No.

In the Philippines, if a child is born out of wedlock, all legal custody and rights over the child is given to the mother.

[sjr09 155]

Don’t know much about the subject, maybe this link can help?

The Family Code of the Philippines

http://familymatters.org.ph/Family%20Code/FC%20Title%20VI%20paternity%20and%20filiation%20.htm#top

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. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.(As amended by Republic Act 9255, approved February 24,2004.)

[Sahs 10]

Thank you all so very much for the above information... It seems that we will not have any issue, but do you all believe we should still consult with a Lawyer in the Philippines prior to the interview at the US Embassy in Manila?

[Sahs 10]

I am in the same boat as you. We gotta our NOA2 in July 03/2012 and still stuck coz the biological father of my 10 yrs old daughter does not want to give the consent with unreasonable grounds. With us we started the court in January 2012 and still waiting. I'm hoping it'll be overuled by this month.

I'm not a Fillipino so I'm hoping others will chime in.

All the best of luck to us all:-) and remember you really need the consent!!!

Thanks for the above, JaMeMa.

If I may ask, does your daughter officially use the family name of her biological father or your family name? Also, does your daughter's birth certificate identify the father within the document?

Rgds,

Sahs

[baron555 934]

Hi Everyone,

I was hoping someone had some experience with an issue that's recently crossed our path...

My fiance and I would like to obtain a K2 Visa on her son of whom we will raise as our own child. This issue has to do with the question, "do we have to get the consent of the biological father"?

Note that the child's birth certificate does not show the name of the biological father and he has never been involved with the child in a parenting roll at any point.

The child is 4 years old and actually considers me, and I the same, his daddy.

Does anyone know what the requirements are in relation to our situation?

Thanks in advance for any experienced input on the matter.

If the official BC lists no father (our son has no father listed) then there is no need to get the other parent's consent (which would be required if there was a father listed) because officially the child has not father.