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affidavit of acknowledgement in son birth certificate

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My friend is never been married but very worried because in her son birth certicate both
her and the father signed the affidavit of acknowlegement at the back of her son birth certificate.
and her son is using the father last name.
Is this create a problem during the visa interview?

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The signature only acknowledges the child as his biological son , nothing more. This is actually good for inheritance purposes. Also , I believe we have a law now allowing illigitimate children to use the father's surname as long as the father consents it. Being illigitimate, the mother has sole custody of the child so she doesn't need the father's consent for purposes of bringing him here. Just tell your friend to be honest about the circumstances if questions about the father arise during the interview.

Goodluck.

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QUOTE (pacificG @ Aug 28 2008, 10:43 PM) <{POST_SNAPBACK}>
My friend is never been married but very worried because in her son birth certicate both
her and the father signed the affidavit of acknowlegement at the back of her son birth certificate.
and her son is using the father last name.
Is this create a problem during the visa interview?


The biological father of my kids also signed the paternal acknowledgment at the back of my kids BC but it didn't cause any problem at all. My kids do not use their father's surname though since they were both born prior to the ratification of R.A. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father)

An illegitimate child may now use the surname of the father but it still does not legitimize the birth status of the child. Therefore, being illegitimate, the mother has sole custody of her child as stated under Art. 176 of the Philippine Family code.

So if the date of marriage was left blank on the child's BC or if that space has a notation saying "not applicable" then, she could easily prove that the child is illegitimate and that she is and was never married to the father even if the child is using the father's surname... therefore, if she is NOT married then there is no cause for worry come interview time. They will be fine. good.gif

Good luck to your friend and to you as well. God bless always.

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QUOTE (dbears @ Aug 28 2008, 10:26 AM) <{POST_SNAPBACK}>
QUOTE (pacificG @ Aug 28 2008, 10:43 PM) <{POST_SNAPBACK}>
My friend is never been married but very worried because in her son birth certicate both
her and the father signed the affidavit of acknowlegement at the back of her son birth certificate.
and her son is using the father last name.
Is this create a problem during the visa interview?


The biological father of my kids also signed the paternal acknowledgment at the back of my kids BC but it didn't cause any problem at all. My kids do not use their father's surname though since they were both born prior to the ratification of R.A. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father)

An illegitimate child may now use the surname of the father but it still does not legitimize the birth status of the child. Therefore, being illegitimate, the mother has sole custody of her child as stated under Art. 176 of the Philippine Family code.

So if the date of marriage was left blank on the child's BC or if that space has a notation saying "not applicable" then, she could easily prove that the child is illegitimate and that she is and was never married to the father even if the child is using the father's surname... therefore, if she is NOT married then there is no cause for worry come interview time. They will be fine. good.gif

Good luck to your friend and to you as well. God bless always.

thank you , you are very kind.Godbless


QUOTE (jom @ Aug 28 2008, 10:21 AM) <{POST_SNAPBACK}>
The signature only acknowledges the child as his biological son , nothing more. This is actually good for inheritance purposes. Also , I believe we have a law now allowing illigitimate children to use the father's surname as long as the father consents it. Being illigitimate, the mother has sole custody of the child so she doesn't need the father's consent for purposes of bringing him here. Just tell your friend to be honest about the circumstances if questions about the father arise during the interview.

Goodluck.

Thank you, you are very kind.I will tell my friend about this.
Godbless

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The signature only acknowledges the child as his biological son , nothing more. This is actually good for inheritance purposes. Also , I believe we have a law now allowing illigitimate children to use the father's surname as long as the father consents it. Being illigitimate, the mother has sole custody of the child so she doesn't need the father's consent for purposes of bringing him here. Just tell your friend to be honest about the circumstances if questions about the father arise during the interview.

Goodluck.

Please help!!!

"My fiancee in the philippines has been asked by the Australian embassy to provide a letter of from the biological father a consent for her illegitimate child to migrate to Australia with her.The child is illegitimate and was born out of wedlock and the father abandoned them when the child was only 2 months old and he is now living in Saudi old.

Article 176 of the Family Code of the Philippines states that an illegitimate child is under the sole parental authority of the mother.(Actually, you do not even have to go to court to establish what the law and Supreme Court decisions have already provided for.)

An illegitimate child travelling with his/her biological mother shall not be required to secure the parental consent from the biological father. Even if recognized or acknowledged in the birth certificate by the father, an illegitimate child is under the sole parental authority of the mother.

best regards:John

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most likely it will require some sort of notarized non-custodial parental permission to emmigrate....

Sorry but you are wrong.Under Article 176 of the Family Code, sole parental authority over an illegitimate child belongs to the mother. Under her exercise of parental authority, the mother can therefore migrate with the child abroad.The Parental Travel Permit for example is no longer required from the DSWD.

Regards:john

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most likely it will require some sort of notarized non-custodial parental permission to emmigrate....

Sorry but you are wrong in this instance.We already hired the service of a family lawyer in the Philippines who told us that under the family code of the Philippines "Article 176. Illegitimate children shall be under the sole parental authority of their mother.We also got affidavit and a certified copy of the law to be presented to the Australian Embassy in Manila.

regards:john

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most likely it will require some sort of notarized non-custodial parental permission to emmigrate....

Sorry but you are wrong in this instance.We already hired the service of a family lawyer in the Philippines who told us that under the family code of the Philippines "Article 176. Illegitimate children shall be under the sole parental authority of their mother.We also got affidavit and a certified copy of the law to be presented to the Australian Embassy in Manila.

regards:john

Hi JMDS,

I am in the same situation as your fiancee. I was pretty confident that I won't be having problems in bringing my daughter w me to Aus as her biological dad and I never married. I am aware of these laws too...But the Australian Embassy is not?? Pls let me know how this goes. We will be lodging our application here in Manila end of July and plan to leave for Australia (on a tourist visa) while we wait for spouse and dependent visa.

Thanks!

p.s. Has anybody else heard anything like this? Can the embassy make their own laws regarding parental authority? Thanks!

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most likely it will require some sort of notarized non-custodial parental permission to emmigrate....

Sorry but you are wrong in this instance.We already hired the service of a family lawyer in the Philippines who told us that under the family code of the Philippines "Article 176. Illegitimate children shall be under the sole parental authority of their mother.We also got affidavit and a certified copy of the law to be presented to the Australian Embassy in Manila.

regards:john

Hi JMDS,

I am in the same situation as your fiancee. I was pretty confident that I won't be having problems in bringing my daughter w me to Aus as her biological dad and I never married. I am aware of these laws too...But the Australian Embassy is not?? Pls let me know how this goes. We will be lodging our application here in Manila end of July and plan to leave for Australia (on a tourist visa) while we wait for spouse and dependent visa.

Thanks!

p.s. Has anybody else heard anything like this? Can the embassy make their own laws regarding parental authority? Thanks!

Unfortunately these ignorant arrogant Australian embassy case officer would not accept the Philippines law.My Fiancee filed the case in court for her to have sole custody of her child and it can take about 6 months.Every other embassy accept the Article 176 and only these racist arrogant australian embassy will not.My fiancee is arriving in Australia on Sunday and she will need to trvel to the Philippines after the court case to bring her daughter to Australia.

Regards:john

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Hi John,

I dropped you a line at another forum on the same topic. As explained we are going through the same. I have just yesterday advised the Australian High Commission in Singapore of my partner's sole custody under Article 176 of Family Code of Philippines. They have said they take child trafficing very seriously and therefore must investigate, which got my partner quite angry. I advised them this morning that my partner's son has traveled to Australia several times with her (&me) and we were never asked to produce any court order for him on applying for the Australian visa or arrival. As you say they seem very inconsistent. We can apparently "traffic" him on a tourist visa but not on a dependant visa. How ridiculous is that.

We are now waiting their reply.... (we are now 8 months since application!)

Hope we don't have to follow you with filing for sole custody in Phil courts. 6 months is very long.

Do you know how much a filin for sole custody costs?

Rgds

Dan

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It took almost exasctly 12 months but we finally got the Australian permanent residence

visa's for my partner and her son without my partner having to file for sole custody for

her son in the Philippines. In the end the Australian Immigration accepted our affidavit and

I had to have an Australian Federal Police check.

Anyway it shows that the procedure can vary from person to person. Our conclusion was that

in some way it was like they were testing us to ensure we were genuine.

It took a long time and we had a lot of stress, but no we are happy to gt on with

our lives.

Cheers

Dan

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