RobinLovesMarissa

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....

Hello wsuguy04 ..it is ok if your fiancee's daughter's family name is of the father's. It won't hinder issuance of the visa. You don't even need a travel clearance from DSWD. Since your fiancee has been supporting the child eversince, she is considered as a Solo Parent. She can apply for a Solo Parent ID at DSWD.

A friend from regional DSWD recently told me that a travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian.

I got this from the Philippine Embassy website (for more information):

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

Administrative Order No. 2

Series of 2006

Subject: Amendments to Omnibus Guidelines for Minors Traveling Abroad

(AO 14 series of 2005)

In the interest of efficient public service and pursuant to the provisions of existing laws particularly Article IV, Section 8a, Republic Act 7610 otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act and Section 5f, Republic Act 8239 otherwise known as Philippine Passport Act of 1996, and to respond to issues and concerns based on the actual experiences of the field implementers and other stakeholders, Administrative Order No. 14, Series of 2005 or the Amended Omnibus Guidelines for Minors Traveling Abroad is hereby amended.

Henceforth, this guideline shall provide the direction for the issuance of travel clearance to minors traveling abroad in so far as the specific provisions listed herein are concerned.

1. General Policies:

1.1 A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1.1.1 a minor traveling alone to a foreign country except under special circumstances where a minor whose parents are in the foreign service or are living abroad or are immigrants provided he/she is holding a valid pass such as a dependent’s visa/pass/identification card or permanent resident visa/pass/identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking

1.1.2 a minor traveling to a foreign country accompanied by a person other than his/her parents

1.2 A travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian. Solo parenthood or legal guardianship may be proved by:

1.2.1 a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

1.2.2 a photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

1.2.3 in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

1.2.4 in the case of a deceased parent, a photocopy of the death certificate, and

1.2.5 in the case of legal guardianship, a certificate of legal guardianship issued by the court

1.3 A minor traveling abroad whose parents are in the foreign service or are living abroad or are immigrants is not required a travel clearance provided he/she is holding a valid pass such as a dependent’s visa/ pass/identification card or permanent resident visa/pass/ identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

1.4 A travel clearance certificate shall be valid for a period of one year from the date of issuance and shall be valid for multiple travels within the validity period, provided that the conditions under which the travel clearance was issued have not changed. If a change in condition occurs, e.g., a change in traveling companion, a new travel clearance must be obtained.

2. Documentary Requirements:

2.1 For a minor traveling alone to a foreign country for the first time

2.1.1 Duly accomplished application form

2.1.2 A photocopy of the birth certificate or passport of the minor

2.1.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.1.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

a photocopy of a certification from the local Social Welfare and Development office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.1.5 Two colored passport size photos of the minor taken within the last 6 months

2.2 For a minor traveling alone to another country subsequently:

2.2.1 Duly accomplished application form

2.2.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.2.3 A photocopy of the previous travel clearance or as required in 2.1.2 and 2.1.4

2.2.4 Two colored passport size photos of the minor taken within the last 6 months

2.3 For a minor traveling for the first time with a person other than the parents or legal guardian:

2.3.1 Duly accomplished application form

2.3.2 A photocopy of the birth certificate or passport of the minor

2.3.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them.

2.3.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents,

a solo parent identification card from the Municipal Social Welfare & Development Office or

a certification from the local Social Welfare and Development office of being a solo parent or

a court decree of separation, annulment or divorce, or

Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.3.5 Two colored passport size photos of the minor taken within the last 6 months

2.3.6 Photocopy of the passport of the traveling companion

2.4 For a minor traveling subsequently with a person other than the parents or legal guardian:

2.4.1 Duly accomplished application form

2.4.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them

2.4.3 A photocopy of the previous travel clearance or as required in 2.3.2 and 2.3.4

2.4.4 Two colored passport size photos of the minor taken within the last 6 months

2.4.5 Photocopy of the passport of the traveling companion

3. Procedures

3.1 Application: The application for travel clearance together with the supporting documents required shall be submitted/filed by the parent or legal guardian or a duly authorized representative at any DSWD Field (regional) office (Please see attached list). Application forms may be obtained from any DSWD Field (regional) office or travel clearance office or may be downloaded from the DSWD website (www.dswd.gov.ph).

3.2 Issuance: The travel clearance may be obtained within 3 working days from the DSWD field (regional) or travel clearance unit where it was submitted, provided all requirements have been fulfilled.

3.3 Fees: The DSWD shall collect a processing fee of P300.00 for each travel clearance issued to minors traveling abroad in accordance to Administrative Order NO. 60, series of 2003 (Amendment in the Guidelines on the Charging of Fees and Services). An official receipt shall be issued for the fee collected.

All issuances inconsistent with this Administrative Order are hereby revoked.

Issued this 31st day of March 2006.

Dr. ESPERANZA I. CABRAL

Secretary

Hope this helps you...God bless you on your journey!

Well then i will make sure that she get's a Solo parent ID. The reason i am handling this now is that she is in china at the moment, not the philippines, so i am trying to get this figured out so when she returns to the philippines she will know what she needs to do.

Thanks for all your help,

God Bless..

update yall when i know more..

one question about the police clearance:

my fiancee is from the Philippines, but is living in china now. she will be returning to the philippines in august. in regards to getting police clearance, will she need to get that from china (since she's lived there over 1 year) or will the police clearance in the philippines cover her stay in China?

thanks...

She will be needing NBI clearance from phils, & police clearance in china since its over a year she resides there.

hope it helps.

Thanks but where would you apply for Police clearance? just go to the police bereau or what?

rob

one question about the police clearance:

my fiancee is from the Philippines, but is living in china now. she will be returning to the philippines in august. in regards to getting police clearance, will she need to get that from china (since she's lived there over 1 year) or will the police clearance in the philippines cover her stay in China?

thanks...

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

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

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 person other than the mother, they must secure a travel clearance.

So according to this, my fiancee has legal custody of the child and as long as the child is traveling with the mother. As long as the Birth Certificate of the child shows that she is the mother, there shouldnt be any problems, right?

Thanks to all for your advice... i will check out more, is there any place that shows the laws in the philippines and the issues with parental rights?

I think both the fathers name and mothers name are on the birth certificate, the only thing is that the childs last name is the same as the fathers and not my fiancee's. So then will i still need to go the DSWD route?

Since i already petitioned with the child's surname using the fathers surname, as long as there's proof that my fiancee is the mother do you think that will be sufficient, or must we get the DSWD signed by the father?

thanks

I just petitioned for my Filipina fiancee and just realized that her daughter's family name is different than my fianee's family name. Although my fiancee was never married to the father of her daughter, the daughter still took the family name of her father. Her daughter has been in her custody the whole time and the father has never supported the daughter in any way.

Will it be a problem for her daughter to be granted a visa if her family name is different then the family name of her mother?

I know is the US, the mother is usually given the parenting rights in the case of a nonmarriage birth, is this also the case in the Philippines? any help on this issue would be great.

Many thanks....