Here’s a great comment I just received from a dedicated PhilFAQS reader. Thanks to each and every one of you, and please, keep the comments and queries coming.
Fist of I want to thank you for this blog.
(Editor’s note: a lot of very kind words removed here, which I appreciated, but don’t feel I needed to toot out to the world. To Reader Phil and any others I may have helped along the way, you are most welcome. I don’t do this for money or other gain, it’s only about helping people … I make my money elsewhere . )
I think from your previous blogs I know the answer but want to just clarify and make sure I understand. Communication is of most vital importance in these issues right?
Absolutely, Paul. Many people are sitting out there with un-asked questions, wondering about things, and … I don’t know … afraid to ask? Why? Afraid to say something dumb in front of me, of all people? Ever see my picture? (old, fat,goofy-looking and bald as a billiard ball). Ever (try) to read through my dyslexic typos? Ever see me make a mistake and then get corrected by someone with the facts? I’m hardly “awe inspiring”, that’s for sure.
If you haven’t then you haven’t been watching. I try to make this place a resource for all, and one thing I truly believe in ….
The only stupid questions are the ones people don’t ask.
And the only time I lose my patience reading through some of the long tales of woe I get is when I realize how easy it would have been for a troubled reader to have asked (or done simple research on their own) BEFORE they got themselves into whatever pickle they are in.
Anyway, Paul comments/questions are really in Three separate pieces, so let’s deal with them that way.
Issue One: Another man’s child
- 1 Issue One: Another man’s child
- 2 Issue Two: Dual Citizen Child?
- 3 How to Apply for a Canadian Citizenship Certificate for a Child Born Outside Canada
- 4 Issue Three: Bring the Family to Canada?
- 5 “How to Quickly and Easily Adopt The Child Of Your Dreams“
- 6 Related Posts
- 7 Readers who viewed this page, also viewed:
- 8 Share this Article:
First of All, I am a Canadian Citizen, and I came to the Philippines Dec 2011 to marry the love of my life after a courtship of over a year online. She is a Filipina and had a son who was 5 at that time. (Almost 7 now). My wife years before had a child with a Filipino man had our son Jerome. However, He took off as soon as she conceived (the dirty rascal) and has never since been in any of their lives. He did not have his name on the birth certificate only the name of My wife. I entered the Picture got married and was told that I could have my name on the birth certificate and become the legal father (which is what I desire).
My understanding is that: (correct me if I am wrong please)
1. As we went through the procedures to get my name on the birth certificate I am the legal Father of Jerome my son?
Well, Paul, I’m sorry to say I really don’t think it is that simple. Since you are not the biological father of that child, so far as my legal understand goes, Jerome is NOT your son.
in order to become the legal father of Jerome, you must adopt him. This is a frequent issue among Filipino-Foreigner couples and it is not simple, but it can be done … and in my mind is the right thing to do. But it has to be done right. I’m not sure under what law the name was changed on Jerome’s birth certificate, but the name on the birth certificate does not mean you are his father. This is going to be particularly important later on, as I see you are asking about bringing your wife and children to Canada and possibly getting them Canadian citizenship.
A place to start researching is here: http://www.lawphil.net/courts/rules/rc_adoption_2002.html
I have pulled out some applicable quotes that seem to apply to your situation:
RULE ON ADOPTION
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.
First of all it’s important to know:
Section 4. Who may adopt. – The following may adopt:…..
(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
So it’s highly likely you can adopt under Philippine law. Next:
Section 5. Who may be adopted. – The following may be adopted:
(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy; …
OK, great, Jerome seems also eligible to be adopted, and the law is favorable regarding what you are actually planning to do. next issue, what do you have to do? Basically you have to file a case, a Petition with the Philippine courts:
Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.
Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.
2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.
3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, …
Needless to say there is quite a bit more to the procedure, but it’s the only way I know of to make things right. In addition to not handicapping Jerome with some sort of ‘half-assed’ bogus birth history (sadly, very common here in the Philippines), he has to be legally your child under Philippines law because that “no good” absentee father still quite likely has full parental rights to Jerome.
There are many sad cases of absentee fathers suddenly ‘showing up”, especially if they find out the child they abandoned is suddenly going abroad with a foreign parent. You do NOT want to be in a position where you can be accused of stealing another man’s child, no matter how remote that mat seem. tryst me it happens here to those who try to cut corners.
Secondly, I’ll steer you in the last question to what you need to know about bringing the family t Canada. You can’t just do that based on a birth certificate.
Issue Two: Dual Citizen Child?
Secondly, My wife is now pregnant with our second child and we would like to if possible have both Filipina and Canadian citizenship. Now you said it was Filipina because of the mother being Filipina Is that right?
Yep. Your newborn child will have Philippine citizenship by birth, since his or her mom is a Philippine citizens. Normal birth registration procedures and the child’s Philippine NSO birth certificate should answer that question.
So my question is
1. If we register with both the Filipina and Canadian Government does that give it dual citizenship?
Under current Canadian law your child will be a Canadian citizen by birth. To legal document this 9and make him/her eligible for a Canadian passport or Citizenship Certificate, complete instructions are here:
Issue Three: Bring the Family to Canada?
If I want to Bring My Wife and two Children to visit Canada How does that work for passports and visas etc.
You Canadians are really lucky. To dig this sort of information out of US resources is sometime very difficult, but Canada provides you a comprehensive guide specifically for sponsoring family members rom the Philippines for entry into Canada. I wish US Immigration would take a lesson from our good neighbor to the north. See:
And here’s a quote which helps explain why I feel it 9is so important you go through the (many) hoops of legal adoption with Jerome:
If your dependent child(ren) was or were adopted in the past, you must include the following documents:
•proof that the adoption meets the requirements of the province or territory or the country where you live, and
•proof that the international adoption requirements in the child’s home country have been met.
For more information refer to the CIC website at: www.cic.gc.ca/english/immigrate/adoption/index.asp and the Intern-Country Adoption Board of the Philippines at: www.icab.gov.ph.
Note: The Philippine government has certain travel requirements for minors traveling abroad. It is you or your sponsor’s responsibility to coordinate with the appropriate government agency to secure the required travel permit or clearance to facilitate the minor child’s travel abroad.
(my emphasis. This is an old story with foreigners trying to circumvent the Philippines strict rules on travel of minors. You want to make it legal from the beginning or else years down the pike you could find out the government of the Philippines would not let Jerome leave the country. Got to follow all steps, in my view.
We covered a lot of ground here, folks. Please follow the links I provided if there are areas which interest you further, please.
I really hate working hours putting something like th8is together and having someone come back and ask, “so tell me how I can adopt in the Philippines”? I just wrote over 2000 words on that subject, if the subject interests you, then at least read what I wrote first, please?
A Resource Which May help Anyone Looking to Adopt … It Can Be Done
Get easy-to-follow advice from a dedicated couple who went through the treadmill of adoption agencies and discovered a simple, practical solution to adopting the children of their dreams… now’s it’s your turn… FROM: Linda and Ben Edwards – Adoptive Parents Of Two Wonderful Boys