I have havered over which part of the forum to post this question in,as it is a question of Philippines Law, but it is ultimately an immigration question and it may confront others also. Kay has just got herself a passport. No problems there. However I rather fancy that she would not like to be without her four and a half year old son Kieran. The requirements for the issue of a Philippines Passport are set out on the DFA website here: http://passport.com.ph/requirements and the relevant section is here: quote GENERAL REQUIREMENTS •Personal appearance •Confirmed appointment •Birth Certificate (BC) in Security Paper (SECPA) issued by the National Statistics Office (NSO) or Certified True Copy (CTC) of BC issued by the Local Civil Registrar (LCR) and duly authenticated by NSO. Transcribed Birth Certificate from the LCR is required when entries in NSO Birth Certificate are blurred or unreadable. (Report of Birth duly authenticated by NSO if born abroad) •No need to submit a passport size photo •Valid picture IDs and supporting documents to prove identity (Please refer to List of Acceptable IDs and List of Supporting Documents) NSO Birth Certificate Birth Certificate (BC) in Security Paper (SECPA) issued by the National Statistics Office (NSO) or Certified True Copy (CTC) of BC issued by the Local Civil Registrar duly authenticated by NSO depending on the NSO signatory. For Minor Applicants (below 18 years old) General Requirements: •Confirmed appointment (except for 1 year old and below) •Personal appearance of the minor applicant •Personal appearance of either parent (if minor is a legitimate child) / of mother (if minor is an illegitimate child) • Original Birth Certificate of minor in Security Paper issued by NSO or Certified True Copy of Birth Certificate issued by the Local Civil Registrar and duly authenticated by NSO. Transcribed Birth Certificate from the LCR is required when entries in NSO Birth Certificate are blurred or unreadable. Report of Birth duly authenticated by NSO is required if minor was born abroad. • Document of identity with photo, if minor is 8-17 years old (for first time and renewal applicant) such as School ID or Form 137 with readable dry seal • For minor applicants who never attended school, a Notarized Affidavit of Explanation executed by either parent (if minor is a legitimate child) / by mother (if minor is an illegitimate child) detailing the reasons why the child is not in school, is required •Marriage Certificate of minor’s parents duly authenticated by NSO • Notarized Affidavit of Support and Consent to travel from either parent (if minor is a legitimate child) / from mother (if minor is an illegitimate child) •Original and photocopy of valid passport of the person traveling with the minor • Photocopy of valid passport of either parent (if minor is a legitimate child) / of mother (if minor is an illegitimate child) or identification documents (Please refer to List of Acceptable IDs) Additional Requirements: • Proper ID of the duly authorized representative (Please refer to List of Acceptable IDs) If minor is illegitimate but acknowledged by father: • Birth certificate from NSO reflecting surname of father with Affidavit of Acknowledgement and Consent to use the surname of father unquote The fun starts with this bit: "Birth certificate from NSO reflecting surname of father with Affidavit of Acknowledgement and Consent to use the surname of father" The long vanished father, (thought to be somewhere in Bicol with a wife / "wife") acknowledged paternity but did not complete an affidavit of consent to the use of his name! What to do?
This is quite a complicated issue but common issue. I've been informed by a number of people that travelling with children that have passports and surnames different to the parent is always a big hassle. Understandably so. I'm no legal expert, but it seems to be worthwhile trying get the Birth Certificate changed so that the child carries the mothers surname rather than that of the father. Since the father already signed-off on paternity, changing the surname will have no other legal impacts. Depending on the age of the child this can also be quite messy especially if the child is already attending school. It's best done whilst the number of formal records are small. Food for thought anyway. I know there are existing rules on how to do this properly and legally. I'll take some research time later today to find some links to those rules Other than that there's no escaping the Affidavit to Use the Surname of the Father (AUSF)
The question here is does the child go by the fathers surname on the birth certificate? I am named as the father on both of my kids birth certificates but both kids take Ana's surname, we had absolutely no problem getting Philippine passports for both kids. I vaguely remember being told that I would have to sign something if I wanted the kids to have my surname when the birth certificates were being applied for, in other words the registrar would not just allow my surname to be used hence my question about the kid's current surname.
Thanks OSSand Micawber. Yes, kid goes by father's name. I haven't fathered a child in the Philippines since 1995 - I fancy the rules have changed! Thinking about it this looks hopeful - if the bit of paper is the Affidavit of Consent and it should have been signed then he can use his mother's name. If it has been signed a copy can be obtained. Futher down the line the Adoption Nightmare will have to be confronted in due course. For now, Kieran thinks I am his father - which is fine by me.
The following rules govern the registration of illegitimate children who were born on August 3, 1988 and thereafter: 1.An illegitimate child shall use the surname of his mother (Art. 176, F.C.) regardless of whether or not his father admits paternity (opinion of Civil Code Revision Committee, September 23, 1988). 2.The name of the father of the illegitimate child may be indicated on the birth certificate of the latter whenever the former executes an affidavit of admission of paternity, provided that such affidavit shall not affect the naming of the illegitimate child (opinion of the Civil Code Revision Committee, September 23, 1988) 3.The affidavit mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birth certificate of the illegitimate child. The birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with a rubber stamp at the upper left-hand margin and duly signed by the local civil registrar or authorized civil registry personnel. 4.Illegitimate children falling under this classification who were not registered within the prescribed period of registration shall comply with the requirement of delayed registration of births. (Section 4 Circular No. 89-13 dated 17 July 1989) The father of an illegitimate child who wishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of Paternity in lieu of the affidavit of acknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dated October 11, 1988) Source:- Civil Registration - Legitimation Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to use the surname of the father. The AUSF is a registrable document. Source:- Republic Act 9255 Here's the rules of court I promised to get, hope all this will help. But as I mentioned it's much better to have the Birth Certificate changed. Cout Rule 103 Cout Rule 103 Court Rule 108 Court Rule 108 I think Rule 108 may be a better route. See what you think. The way I still see it is that either the BC is changed or there'll need to be an Affidavit to Use the Surname of the Father (AUSF) Hope it helps
Changing a Birth Certificate here is a long drawn-out affair that is neither easy nor particularly cheap and it does require a Court Order. When my brother-in-law was born, his father was distinctly under the affluence of incahol when he registered the birth and didn't bother to check the details. As a result, said child's Birth Certificate claimed he is female. Years later when he grew-up and needed a Passport, he discovered the error and it needed to be changed before he could be issued with one. That process took just over two years and cost around Php 50k. Most of the delay was down to the Judge who spent over 12 months "considering the matter". In your case, Andrew, it may be quicker to do this by means of adoption since you intend to go down that road eventually in any case.
Yikes! (I have little doubt that the twelve months taken to "consider the matter" were taken in the hope of a "pourboire"...) Catch 22 operates here - the stepsprog cannot get a passport unless (a) an AUSF duly executed by his biological father and duly registered is attached to his birth certificate or (b) his birth certificate is rectified by court order.
I'm sure you must be better informed than I am Markham, but there is also an argument that says changing the Birth certificate these days is much quicker than it used to be. I believe Andrew would be well served by making some serious enquiries. Markham, do you have any timescales and costings for the adoption route? Also are you aware of the position taken by UKBA in connection with local adoptions? I understand there are a number of serious challenges that need to overcome as the Philippines is not signatory to the Hague Convention and under existing immigration rules applications for Entry Clearance would likely fall for refusal. To the best of my understanding, I believe there are a number of complex immigration rules that would need to be satisified in order to 'sidestep' the Hague Convention issue, the major one being the approach of de facto adoption in accordance immigration rules. This would require a period of 18 months for both parents to be resident in Philippines, with 12 months immediately prior to visa application to be spent living with the child.
Between 24 and 36 months, I believe. As for likely costs, I really have no idea, but more expensive in NCR than Cebu or Davao. Peter, it's because I know that Andrew will very likely be moving to Subic for work reasons that I suggested he looks at the adoption route. He will be here in any event and therefore should be able to satisfy both local requirements for Kieran's adoption as well as the Home Office's regulations governing visas. However do bear in mind that the Court will need to be satisfied that the biological father has no interest in his son. If Andrew chooses the "change the Birth Certificate" route, I can foresee the real possibility that the Judge will require the biological father's consent; unfortunately there's no such thing as a "Deed Poll" here for name changes. Regardless of which of the three routes Andrew and Kay choose, the biological father will probably need to be traced and the production of a NSO Marriage Certificate for his subsequent marriage (if any) would undoubtedly be very useful. The Hague Convention (international recognition of legal documents) issue is something that the Philippine Government should address but is unlikely to because the "old guard" who ultimately run the country see no advantage in that. It is one of the facets of life here that acts as a deterrent for inward foreign investment.
Actually, in fairness, may modern British laws and regulations are written in the same way - well-meaning, but overly detailed, so that they do not suit all circumstances.
Andrew, as it stands right now try not to focus on all those challenges. Just focus on seeking ways to secure a Passport. There must be a simple solution somewhere. This situation is not uncommon. How do most folks overcome the difficulty. Did you so far have any discussion with DFA?
Kay says the same. In fact she told me to leave her to handle it, which, since she is there and I am here, seems sensible. Needless to say, she has a friend who has a friend in the DFA.
I was going to suggest confirming the record at NSO by securing a BC from them. Maybe the needed Affidavit to Use the Surname of the Father already exists. Anyway it may be a good starting point. It seems to me that presentation of the AUSF for issue of passport is the optimum route. Andrew, do not use any kind of formal adoption procedure as a means of securing a new BC and passport. That will scupper any chances of securing an entry visa from UKBA. The only route in connection with that is by closely following the 'de facto' adoption which does not entail any legal process of adoption at all. I did some further research on the process of filing a petition for change of surname in court. It does appear from various cases on similar issues such as yours, that the Court often defers or postpones changing the surname until the child is at least 18 years old and free to choose what name to carry. I think it's better to leave things to Kay as she is actually 'on the ground' andable to make quiet progress. But it is very important not to get lead into anything that will create major barriers to possible UK immigration.
That is indeed Kay's first step. Thanks for the warning. I have the impression that the UKBA are actually more likely to be impressed by evidence of support for the child over a number of years, which seems very sensible. Kieran knows perfectly well who his Daddy is - the Englisnman who has been around for as long as he can remember! He's actually a lovely little boy.
Kay current plan is to approach the father through an attorney, not face to face, requesting the AUSF for school registration - NOT for the issue of a Passport because Mummy has a foreign boyfriend!
That's certainly the optimum route if the AUSF does not already exist. It still leaves some issues to be overcome when it comes to any future visa application.
