Changing fathers name on birth certificate

[ezfeelin 0]

First time here, I have a few questions if someone will be kind enough to give their opinion.

I am a 63 year old u.s. citizen now living here in the philippines for the past 7 years on a tourist visa, renewing it each time and leaving for a week or two every four months or so.

I have been married and divorced twice before, and married for the third time 20 years ago but separated for over 10 years (not in the philippines or the usa).

Three years ago i met this young lady for a brief period and had a physical relationship, but soon lost touch with her

and didnt see her again until about three months ago. At that time, i got a message from her from manila that she had

gotten pregnant with my child and that the child was two years old now. No demands for anything, just that I should know my daughter if i wanted to. I did want to know, so i went down to manila and met her and the kid, and asked if

i could have a DNA test done to verify if i am the father. She agreed, the test was done and it is confirmed that i am the

father.

To complicate matters more, after I lost touch with her, and when she was pregnant, she restarted a relationship with

her childhood sweetheart. When the kid was born, and i was nowhere in sight, her boyfriend offered to put his name

on the birth certificate as the father. Later both of them had another kid and at this stage, my kid is 2 years old

and the other kid is around 10 months. When she was pregnant with the second kid, her boyfriend deserted her

and is nowhere in the picture now.

Now that I am confirmed I am the father of the first kid,and rekindling the relationship with the mother, I am helping them financially, and also want to do the right thing by getting CRBA for the first kid. However the problem i have

is that my name is not on the birth certificate. I know the birth certificate needs to be certified by NSO.

The mother has mentioned that an attorney would be needed to get this corrected. I have asked her to find out

the costs involved in this.

Anyone have any idea of the process. I am aware of the process I will go through with the u.s. embassy, but this

is the first step in the hurdle.

thanks for any and all advice and opinions.

ez

[newacct 688]

What name is on the birth certificate is a matter of local law. In many places it doesn't necessarily have to be the biological father; e.g. in the US it can often be changed to be a step-father's name if the father is out of the picture; and the birth certificate might also not be changeable after a certain age or something. I don't know the particulars of Philippine law.

But for the purposes of transmission of US citizenship under US law, what matters is blood relationship, regardless of what it says on the birth certificate. If the story of your relationship checks out, and you can establish that you are the biological father by DNA test, then that's enough.

[ezfeelin 0]

from what i am gathering from information gleaned on the internet, from friends and others, it is required by the u.s. embassy to have my name as the father on the birth certificate certified by NSO in the philippines.

We are currently looking into getting an attorney to take care of this matter.

thanks

ez

[newacct 688]

Again, what matters is blood relationship. The birth certificate does not matter legally speaking; it just serves as an initial evidence for establishing blood relationship. If you are not on the birth certificate but you are the biological father, then that's good. If you are on the birth certificate but you are not the biological father, it is useless for transmission of citizenship.

See 7 FAM 1131.4 (starting page 2 here)

[ezfeelin 0]

i understand what u are saying. i am not on the birth certificate, however for my own confirmation i had DNA test done on the child, the mother and myself through a reputable company, and yes it is confirmed there is a 99.999967 percentage chance that i am the biological father.

If i do apply for the child's citizenship, the u.s. embassy requires most times a DNA test to be done through one of their

approved institutions and it is done at the embassy by St. Luke Hospital in Manila, in order to maintain chain of possession.

I just feel they will be definitely asking why I am not on the birth certificate, thats why I am going to have that taken care of first and certified by NSO.

Thanks for your comment.

Ez

[ezfeelin 0]

hello all.

Does anyone have an experience dealing with a lawyer in Manila, who can help us change the name of the father on the birth certificate, for a fee of course.

My daughter's mother talked to some attorney at city hall, she said. He quoted her 25K to 30K, i am more afraid

that if he asks for upfront money, and nothing gets done, i have no recourse.

I am asking other expats that I know personally if anyone has had any experiences, good experiences and would

recommend an attorney.

thanks again.

ez