Q. Good day po, Atty. Wong! Nabasa ko po yung column nyo sa BALITA (
Fil Canadian community newspaper) over the Internet. Narito po ako ngayon
sa Philippines. Gusto ko po sanang humingi ng legal advice. Sana po
matulungan nyo ako. We have an issue about my child.
On the child's birth certificate, the child uses the Father's last name. He is a
Filipino but migrated to US when he was younger thus, listed on the child's
birth certificate for his citizenship as an American. The child's birth wasn't
reported and filed a CRBA by his father. I need to tell you Atty. that the child
is ILLEGITIMATE, his father was MARRIED to someone else and he
PASSED AWAY 6 years ago. The " family" knows about the child, sir.
I have an American fiancé po ako ngayon and we are planning to process the
K1/ K2 visa. My fiancé opted to seek a visa agency to help him on paper
works as he is always busy with his job. Pero sabi ng agency, need daw ng
bata na palitan yung apelyido nya sa apelyido ko as this will most likely not
pass Embassy scrutiny, since the Father's citizenship was listed as American
and although he signed an Acknowledgement of Paternity but no CRBA was
filed.
My fiancé and I are having discussions na po about the visa agency na kinuha
nya kasi sabi ko hindi naman sila Immigration Specialists. They all based on
mere experience lang. Hesitant po kasi ako na palitan yung last name ng
bata kasi 12 years old na sya ngayon at baka ma confuse pa. Aside from that
Batas PINOY Corner
By: ATTY. ROGELIO N. WONG
“Laws relating to family rights and duties,or to
the status, condition and legal capacity of
persons are binding upon Filipino citizens,
even though living abroad.” (Article 15 Civil
Code of the Philippines)
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mas mahaba po yung proseso at need po ng court order. Sana po
matulungan nyo ako sa sitwasyon ko. Thanks po at sana marami pa kayong
matutulungan na mga kababayan natin sa pamamagitan ng BALITA.
Pagpalain po kayo.
ANS: Kindly note that the use of the surname of the deceased biological
father of your son, despite being an illegitimate child is allowed by law . The
fact that the father’s surname is reflected in the birth certificate of the child
only show that the father not only consented to the use of his surname, but
duly recognized the paternity and filial relations of your son with him. The fact
that the birth of your son was not earlier reported to the US Consular Office,
through the Consular Report of Birth Abroad(CRBA) as a child of an American
Citizen,is not the end of the world for the child. Such omission did not erase
the fact of the paternity recognition of your son by the biological father who is
a U.S. citizen conferred upon your son US citizenship.
Furthermore, should you wish to change the surname of the child to your
surname being an illegitimate child, the process requires legal proceedings.
Depending on the assessment by the Office of the Civil Registrar of your
documents, you may be required to file a petition in the Family Court .And
there is no certainty depending on the appreciation by the Judge of your
evidence, whether the court will grant your petition not to mention the fact
that the judicial process could take a longer period .
Moreover, the rule of thumb in dealing with the US Consular authorities and/or
with the Canadian Consular Officers, among others, is just be truthful about
the situation and the condition of your son. Do not commit any fraud or any
form of misrepresentation.
The fact that the biological father of your son is already dead and coupled with
the fact of your long separation , could be reasons enough to justify the late
reporting or failure to register the fact of birth of your son by a US citizen.
The fact that your son was born with a US citizen father, is therefore entitled
to the issuance of US passport as a US citizen. All you have to do is prove
his US citizenship. And the best proof of such US citizenship is the birth
certificate of your son and bearing the signature of his deceased American
father. Such signature conclusively indicates that your son is duly recognized
child of a US citizen father as his offspring.
Considering further that your son is still a minor and his US father is already
deceased, you being the legal guardian of your minor son, can do the
reporting yourself using the Form DS-2029 . You can secure the said form
from the US Consular in Manila and submit it to the nearest U.S. embassy or
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consulate for their review and consideration.
In view of the foregoing and for further professional assistance, you may
confer with a competent and qualified immigration lawyer for well-grounded
course of actions.
Looking forward you’ll find the above in order as the “Batas Pinoy Global
Community”(BPGC), welcomes you in this program.
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