Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

can you provide a link, this is what I found. http://www.pcgny.net/pcgny/legal_travelclearance.html
same as before, no change I can see.

http://www.visajourney.com/forums/index.php?showtopic=47175


good luck!

Hmmm Im wondering where you heard that info, like you I have the same case but I researched on it and talked to the DSWD and there's no hassle bringing a child/children out of wedlock abroad, illegitimate children are automatically under the costody of the mother no need to ask for the permission of the father. Relax and happy holidays!

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with a person other than the mother, they must secure a travel clearance.

I agree, DSWD told my woman this just last week.

This is either a newly enacted law or a law that is coming before the governing body (legislative body). I've confirmed it thru several sources including most recently a family law attorney in the Philippines who handled my fiancee's annulment (which was another nightmare - but at least one that could be overcome).

I think your fiancee should talk to the father of her child about it so that when you start processing your K2 case, he will not be the burden for the papers of that kid. But since they were never married, it means that the child's surname is your girl's surname so that means the father cant do anything about it.

I just wish you luck in your visa journey!

Thanks for the response. Yes, in the past your are correct. But, with this new law if the woman has illegitimate children the father's consent is required. This was not the case in the very recent past. This is turning into an absolutely HUGE hurdle. Just an enormous roadblock that I do not know if we can overcome it.

I dont think so. I haven't heard about this. what I know there is no hassle bringing a K2 to the USA especially if the child was born out of wedlock and carries her/his mother surname.

oh what if i couldn't find the father of my child anymore? which is normally the most cases

All you have to do is say you don't know who the father is. Unless he comes forward and claims the baby who would you get permission from?

Your kidding right? You expect the USE to follow logic? If their check-box says there must be permission, there must be by-God permission from the father. The trick is to know the internal procedures for when the check-box is impossible. Thats where the well-informed lawyer comes into play

May I ask where is your proof of where this so called new law is written? I am sure if a Lawyer knows this new law, he knows where it is written.

http://www.dswd.gov.ph/faqdetails.php?id=47

I am sure all us K-2 visa would be sad if there Finacee's cant bring thier child with them or be put on AR.

Thanks Victor

Very funny! I suggest to ask the DSWD, they can help her to get her child a travel clearance. Even the child is illegitimate and under the mother's custody if the child is still underage, that child need a travel clearance.

Good luck and Merry Christmas

Sorry but your info is wrong. I had my lawyer research this very subject. If there is no father named on the BC then the mother has total control.



Therefore if the child is not on a watchlist he will be allowed to pass if with one of his parents. No clearence is needed. To further show my point here is the part about an illegitamate child that has been abandonded by the mother:

It says here that the mother has total control over an illegitimate child even if she abondons it.
So, it does not matter if you can name the father, if there is no name on the BC the question is moot.

My friend just adopted his wife's son and he didn't have to have any approvals from the boy's father, they were never married. If you want I can discuss more with my friend, just sent me a PM and let me know.

I don't know if this is the law that's being referred to. RA 9225 amended the Family Code in March 2004 to allow an illegitimate child to have the surname of the father. the situation I refer to is when no father is listed on the BC, has the surname of the mother and the father has not been an participatant in this child's life, in many instances not knowing where he can be found.

Victor,

I was told about this new forthcoming law by the person who handled my fiancee's annulment in the Philippines.

I was unable to find the pending legislation on the congress.gov.ph website. does anyone have contact with a family law lawyer in Philipines who could provide a House Bill number?

Well there is not harm in playing it safe, for those who can get a permission. DSWD says it is ok, so maybe we will just GO FOR IT hehehe. Good luck too all the K2 VJers!