Cancellation of live birth

[star26 17]

Hello everyone, Anybody here who had experience or same situation as mine. My son was registered to my sister’s name,(long story), now I want to bring him here in the US, tried to register him to my name but was advised to file for a petition of cancellation of birth certificate first so PSA can give me new birth certificate. Now I am worried if this gonna take a long time and a lot of money for this processing, is anybody knows the process about this matter?Any advice would be very appreciated. Thank you

[Hank_ 9,174]

I sent you a PM

[John & Rose 7,239]

6 hours ago, star26 said:

Hello everyone, Anybody here who had experience or same situation as mine. My son was registered to my sister’s name,(long story), now I want to bring him here in the US, tried to register him to my name but was advised to file for a petition of cancellation of birth certificate first so PSA can give me new birth certificate. Now I am worried if this gonna take a long time and a lot of money for this processing, is anybody knows the process about this matter?Any advice would be very appreciated. Thank you

You are doing the right thing to ask.  One of my friends fiancee has a lifetime ban for trying to bring her sister's child (who she raised alone from birth) over as a K-2 7 years ago.  She was not aware of the permanent ban so now my friend (not involved in the original filing) is moving to the Philippines to be with his love.  They banned her for human trafficking.  It was difficult for them but he quit his job and is permanently moving to the Philippines in February to be with his soon to be wife.  Hopefully Hank can help you but you are doing the right thing, no matter what it takes.

[C & L 3]

Based on the facts you have provided, it appears that there is simulation of birth in this situation. Simulation of birth is defined as the tampering of the civil registry making it appear in the birth of records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status. Simulation of birth is a crime under the Philippine Revised Penal Code and other special laws.

 

The proper remedy is for the cancellation of entry in the birth certificate. Your sister can only register your child under her name if the process of legal adoption is followed. Since this concerns the civil status of a person which has been recorded in the civil registry, you may file a verified petition for the cancellation or correction of entry relating thereto, with the Regional Trial Court  of the province or city where the corresponding civil registry is located. 

 

There is a danger that your sister might be charged and prosecuted of a criminal offense of simulation of birth.

 

 

[star26 17]

Hi, yes we consulted a lawyer and suggested to do the same thing. This is very stressful but we have to deal with it. I appreciate this advises though, thanks a lot. We will get through this. 

[star26 17]

Another follow up question, since I am in the US, I thought of just sending an SPA to my siblings or parents for them to file in behalf of me, is the SPA from Philippine Consulate will do?

[Illiria 980]

4 hours ago, star26 said:

since I am in the US, 

Did you declare the child on your immigration forms when it asks you to list all your children?

 

They will most like ask you to do dna test for immigrating this child because a lot of people lie and try and bring in relatives children as their own. 

[Hank_ 9,174]

5 hours ago, star26 said:

Another follow up question, since I am in the US, I thought of just sending an SPA to my siblings or parents for them to file in behalf of me, is the SPA from Philippine Consulate will do?

Yes.

[Cyberfx1024 7,980]

5 hours ago, star26 said:

Another follow up question, since I am in the US, I thought of just sending an SPA to my siblings or parents for them to file in behalf of me, is the SPA from Philippine Consulate will do?

Yes, it will do. When we lived in LA we had to do some  stuff involving real estate in the Philippines. So we went to law firm that deals with Filipinos and we had a SPA done there and then sent it to the Philippines. 

[star26 17]

Thanks a lot guys for all your help. I appreciate it much. I will go to Philippine Consulate to get one and send it to the Philippines, so we can start the process. 

[Hank_ 9,174]

3 hours ago, star26 said:

Thanks a lot guys for all your help. I appreciate it much. I will go to Philippine Consulate to get one and send it to the Philippines, so we can start the process. 

Hope all goes will.   

[star26 17]

This is the sample form of SPA from Phil Consulate in LA. Do I need to bring my husband or is it ok that I will just fill up this form and let him sign then I will bring it to the consulate. Thanks

[Cyberfx1024 7,980]

2 minutes ago, star26 said:

This is the sample form of SPA from Phil Consulate in LA. Do I need to bring my husband or is it ok that I will just fill up this form and let him sign then I will bring it to the consulate. Thanks

The child is yours and your asawa's or just yours?

[star26 17]

It’s my child to my ex bf. Is it ok not to bring my husband right?I will just copy this form and let him sign. He may not be able to go with me in Phil Consulate because of his job. 

[Hank_ 9,174]

4 hours ago, star26 said:

It’s my child to my ex bf. Is it ok not to bring my husband right?I will just copy this form and let him sign. He may not be able to go with me in Phil Consulate because of his job. 

Your husband is NOT a parent of the child .. only your signature.