DFA will not issue daughters passport

[Shayney08 4]

Our daughter, born in the Philippines, to her mother a Filipina and I, an American. Yet DFA wont issue a passport because our legitimate child does not carry her mothers maiden name. This is nonsense to me. Our childs name uses the "first, middle, last" naming format. one name for each slot, first middle and last. We have her NSO BC, our NSO MC, her CRBA and US Passport. My wife and child both have my last name. What does the mothers maiden name have anything to do with issuing our daughter a passport?? I've looked over the law, there is no dictation regarding middle name usage. In other words, its not mandatory to use the mothers maiden name.

I'm at a loss for what steps to take next. Nothing I've done has helped and no one seems to know what my next steps should be. I've contacted DFA via multiple methods and no reply. The only solution DFA has suggested is to change the name. Lets be clear, that will not happen. If the naming were a problem, then the PSA wouldnt allow it on the NSO BC. I just cant see logic in the reasoning from the DFA.

[EM_Vandaveer 2,408]

Why does your daughter need a Philippines passport? Can't she just leave on her US passport?

[Shayney08 4]

Why does your daughter need a Philippines passport? Can't she just leave on her US passport?

I'v posted this in regional discussion for a reason..

But FYI, no technically she doesnt need one. She can travel on her US passport just fine. Again, the reason this is posted to a regional forum is so i can ask people who know, not necessarily explain myself (not trying to be rude, just exhausted from all the running around) but if she only has her us passport she will need to get an exit clearance. This can be extremely costly. Having her Philippines passport allows her to leave the Philippines without having to pay overdue visa extensions, etc.. She's 6 months old, the cost will mount.

More importantly, she has a right by birth to a Philippines passport and as such should be issued one.

[Sagot 1,548]

Our daughter, born in the Philippines, to her mother a Filipina and I, an American. Yet DFA wont issue a passport because our legitimate child does not carry her mothers maiden name. This is nonsense to me. Our childs name uses the "first, middle, last" naming format. one name for each slot, first middle and last. We have her NSO BC, our NSO MC, her CRBA and US Passport. My wife and child both have my last name. What does the mothers maiden name have anything to do with issuing our daughter a passport?? I've looked over the law, there is no dictation regarding middle name usage. In other words, its not mandatory to use the mothers maiden name.

I'm at a loss for what steps to take next. Nothing I've done has helped and no one seems to know what my next steps should be. I've contacted DFA via multiple methods and no reply. The only solution DFA has suggested is to change the name. Lets be clear, that will not happen. If the naming were a problem, then the PSA wouldnt allow it on the NSO BC. I just cant see logic in the reasoning from the DFA.

Did you complete recognition as a Filipino Citizen for your daughter so your daughter is a dual citizen? I would think that name would be a legal name also. Doubt the personnel at DFA will care just the same.

Exit using the U.S. passport, see if the recognition exempts or avoids any fees. Then if having a Philippine passport is important check into getting the passport through the Philippine embassy in the States, I would bet there are passports issued using names with conventional U.S. name format. ~ just a thought.

[Shayney08 4]

Philippines^Sagot,

I plan on getting the recognition as a filipino citizen if, after my wife goes to two other nearby DFA offices, this time suited up with all the legal evidence printed out for them. If after this attempt they still wont issue a passport then yes, that document is next in line. At ~12k peso though, i'd prefer to just get the passport. lol

I'm not one to pay bribes, but in this case what would happen if i included a 1k note with the forms at the DFA counter? Its not a measure I want to take but one I feel potentially forced to try.

Also, thank you for all the help you've provided since I've been a member here.

[cristina16 81]

Our daughter, born in the Philippines, to her mother a Filipina and I, an American. Yet DFA wont issue a passport because our legitimate child does not carry her mothers maiden name. This is nonsense to me. Our childs name uses the "first, middle, last" naming format. one name for each slot, first middle and last. We have her NSO BC, our NSO MC, her CRBA and US Passport. My wife and child both have my last name. What does the mothers maiden name have anything to do with issuing our daughter a passport?? I've looked over the law, there is no dictation regarding middle name usage. In other words, its not mandatory to use the mothers maiden name.

I'm at a loss for what steps to take next. Nothing I've done has helped and no one seems to know what my next steps should be. I've contacted DFA via multiple methods and no reply. The only solution DFA has suggested is to change the name. Lets be clear, that will not happen. If the naming were a problem, then the PSA wouldnt allow it on the NSO BC. I just cant see logic in the reasoning from the DFA.

Naming standard in the Philippines is: First name - given name; Middle name - Mother's maiden name; last name- father's family name. That is as per Philippine standard naming, the same problem encountered by some Filipinos born in the US that didn't use their Filipino mothers maiden name. That is as per family code of the Philippines.

Art. 174. Legitimate children shall have the right:

• (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

You can fight DFA on how come PSA/ NSO allowed the name of the child knowing the law. Since changing the name is not your option, you have to settle not getting a Philippine Passport for your child.

[Shayney08 4]

Naming standard in the Philippines is: First name - given name; Middle name - Mother's maiden name; last name- father's family name. That is as per Philippine standard naming, the same problem encountered by some Filipinos born in the US that didn't use their Filipino mothers maiden name. That is as per family code of the Philippines.

Art. 174. Legitimate children shall have the right:

• (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

You can fight DFA on how come PSA/ NSO allowed the name of the child knowing the law. Since changing the name is not your option, you have to settle not getting a Philippine Passport for your child.

I'm fully prepared to forego the Philippines passport if needed. As for article 174, thanks for the info however I dont personally see the wording as indicative that you MUST use the mothers surname, only that the child has a right to use it. The law dictates usage of first and last names, and only states that you have to have a middle name. No law says middle name has to be a surname. Correct me if i'm wrong, please.. Its only a custom to use the mothers surname. Customs/traditions ≠ law. Thank you for the reply.

[Aila 8]

May i ask if you guys were already married at the time of your childs birth? If not then yes your child must carry her filipina mothers surname. Not unless if you fill up a paternity consenst form to use fathers surename before you register your childs birth to your local civil registry then PSA. I just went to DFA yesterday to apply for our daughters passport she's born in US to a filipino citizdn mother and USC father (we were mot married yet at that time). My husband filled for a report of birth in US and since our daughter is born out of wedlock we had to file a affidavit to use fathers surename, affidacit of joint legitimation (to legitimize our child, because philippine govt. doesnt allow illegitimate children to carry father's surename) and affidavit of paternity. And during the interview/investigation step (DFA) we had no problem, they just asked for her original PSA copy of report of birth, school ID and photocopy of my passport biopage and askef if she have a US passport then they stamped her application and were approved to apply for phil. passport.

[cristina16 81]

I cannot read the entire Phil Family code for your convenience and justify the law to you. The naming convention for Filipinos is as is; that is not tradition nor optional since no one can opt not to use their mother's maiden name as their middle name. There are laws for legitimate child and illegitimate child in standard naming.

[superwifey0229 1]

Did you apply for dual citizenship for her?The reason i asked is because getting the phil passport will exempt her from the ecc req, but if u did not apply for the recognition of being a filipino and get caught having 2 passport without the acknowledgment u might face consequences of doing it and might hold the flight. well this is just some info the immigration of phil told me . i am getting ecc for my 2 years old son and did not consider getting him phil passport.

[Aila 8]

Our daugher is a dual citizen by birth, she have the rights to both countries (USA & Phil), this includes acquiring a passport to both country, as long as you filed the necessary documents. These includes recognition of filipino citizenship, retention/re-acquition (RA9225) and also report of birth abroad. I'' pretty much aware of my daughters dual citizneship since i've been working on hers for years now. And from what i have learned and also from experiences from my fil-ams classmates back in colleges (who's also a dual citizen) is alot of philippine immig. employees is not pretty much aware of these processes especially the report of birth abroad, because only a few filipino parents do this and that they don'5 see the importance of it especially if they are living in US permantly thats why most of them advised people to acquire recognition. When we filed report of birth abroad and as soon as she had her birth recorded here (PSA) then that makes her a legal filipino citizen.

Anyways the decision is really up to you guys. I'' just sharing. I'll update once we arrived in US soon.

Good luck ?

[Shayney08 4]

I cannot read the entire Phil Family code for your convenience and justify the law to you. The naming convention for Filipinos is as is; that is not tradition nor optional since no one can opt not to use their mother's maiden name as their middle name. There are laws for legitimate child and illegitimate child in standard naming.

Never asked you too, but umm.. thanks? As for not using the mothers maiden name. i assure you it can happen. It has happened. It is optional.

As for everyone elses replies, thank you for the info. The kid is legitimate. I am going to elevate this with DFA in Manila. If I cant get the passport. I've found out that I can just get her Certificate of Philippines Citizenship and stick that in her US passport and we wont have to pay for the ECC.

It has been significantly easier to get my kids US citizenship than it is to verify her Philippines citizenship and this i find disturbing and backwater af.

[fromphwithlove 3]

Never asked you too, but umm.. thanks? As for not using the mothers maiden name. i assure you it can happen. It has happened. It is optional.

As for everyone elses replies, thank you for the info. The kid is legitimate. I am going to elevate this with DFA in Manila. If I cant get the passport. I've found out that I can just get her Certificate of Philippines Citizenship and stick that in her US passport and we wont have to pay for the ECC.

It has been significantly easier to get my kids US citizenship than it is to verify her Philippines citizenship and this i find disturbing and backwater af.

The Law Is Silent As To The Use Of Middle Name – there is no law regulating the use of a middle name. Even Article 17611 of the Family Code, as amended by Republic Act No. 9255, otherwise known as "An Act Allowing Illegitimate Children To Use The Surname Of Their Father," is silent as to what middle name a child may use. It is in the old Spanish rule that mother's maiden name should be put as middle names as practice by civil registrar office and other government institution to follow such proceedings.

My daughter is also a US and PH Citizen and she has a passport for both countries. It's crazy but each passport has different middle name. We just stick to what the DFA wants and we got her passport no problem.

[Sagot 1,548]

Philippines^Sagot,

I plan on getting the recognition as a filipino citizen if, after my wife goes to two other nearby DFA offices, this time suited up with all the legal evidence printed out for them. If after this attempt they still wont issue a passport then yes, that document is next in line. At ~12k peso though, i'd prefer to just get the passport. lol

I'm not one to pay bribes, but in this case what would happen if i included a 1k note with the forms at the DFA counter? Its not a measure I want to take but one I feel potentially forced to try.

Also, thank you for all the help you've provided since I've been a member here.

The Recognition process is required no matter what. I talked to BI on this already regarding another person. After CRBA BI said the recognition process is required.

I hope you get this all handled.

[Shayney08 4]

updating and closure of this issue.

After multiple visits to DFA in Pampanga and San Fernando and were told her name 'wasnt allowed'. We were told to go to Bureau of Immigration (BI) for her Philippines Certificate of Citizenship. You can only do this at the main office in Manila.

Wife and baby go up to main BI office to get this paperwork handled and were told it takes 6 months. Since my wife is just finishing up her medical exam in the next couple days, the 6 month visa validity period was an issue so BI told us that we would end up having to pay ~30k peso for the childs...sigh.. 'tourist visa' dated from birth up until Feb 2017. They also told us "why dont you just take her US passport to DFA and get her PH passport", which we've tried at the provincial DFA branches previously to no avail.

Wifey goes off to main DFA office in Manila and gets the babys passport taken care of in about an hour. They saw the name, and asked if she was ok that the baby did not have her maiden name, wifey said it wasnt a problem and passport application was approved. They didnt ask if the baby has a CRBA/US passport and we did not disclose that info either.

Policies/regulations/laws are inconsistent not only between different government organizations but between different branches as well. Thanks for all that replied in assistance, thankfully this is finally resolved!