Problem getting my acknowledge of paternity accepted by locals
Subscribe to the topic
Post new topic
Hi, new here
I am an EU-citizen and my PH GF recently gave birth to a daughter in the Philippines.
I signed an affidivit and acknowledment of paternity and sent to their embassy in my country.
For unclear reasons (it has not been accepted). It was signed with precense of Notarius Publicis.
We have a DNA test going but mail seems to be a challenge. Test kit has not arrived to mother still after one month. Not because i dought but as proof to authories.
Any advice on the following:
1) Make my acknowledgment accepted.
2) Shipment of DNA test. (Mother lives in Occidental Mindoro)
Mother and I have no conflicts.
Thanks in advance
Your posting should include the particular EU Country you are from since the rules and conditions differ from country to country. Accordingly, your profile shows Sweden is possibly your EU country. Although my experience is that of being an American parent and simply going through the US Embassy in Manila; using a Consular Report of Birth Abroad (CRBA), to acquire the Birth Certificate, Passport, and SSN, the following may be noteworthy.
I recall a Swedish friend on a different path. Since he and the baby's mother were not married, the Filipino mother automatically had sole custody (under Swedish law) and he was not authorized to make any decisions regarding his child. I think he said he used a Swedish form "SKV 7750 Application" and submitted it to the Swedish Tax Agency but it was rejected because other requirements were not included (i.e., no proof of paternity, no foreign court decision of custody awarded to him, and no joint custody signed by his GF). I do not know how he resolved his situation.
It is not clear why you sent any documentation to another country, other than your embassy or government offices, since you must follow your country's laws on obtaining citizenship for your child.
Good Luck!
PS: You need to send any important items via FedEx or DHL where a signature is required with tracking.
I think he said he used a Swedish form "SKV 7750 Application" and submitted it to the Swedish Tax Agency but it was rejected because other requirements were not included (i.e., no proof of paternity, no foreign court decision of custody awarded to him, and no joint custody signed by his GF). I do not know how he resolved his situation.
Yes I filed 7750 with my signature on the BC + the PHP separate acknowledgement "Affidavit" that I got from PHP embassy.
Swedish Tax Agency required that my acknowledgement also has to be approved by Philippines authorities.
So Tax Agency lady "just follows the rules" but since Philippines doesn't we are stuck.
@Calif-Native
Your posting should include the particular EU Country you are from since the rules and conditions differ from country to country. Accordingly, your profile shows Sweden is possibly your EU country. Although my experience is that of being an American parent and simply going through the US Embassy in Manila; using a Consular Report of Birth Abroad (CRBA), to acquire the Birth Certificate, Passport, and SSN, the following may be noteworthy.
|
Unless I am reading this wrong, he appears at this time to be trying get his acknowledgement of paternity accepted by the Philippines agency (PSA?) through their embassy in his country, right now. If you put yourself in the PH embassy and PSA position, here is some foreigner claiming paternity of a Philippine child with no attestation from the mother and no paperwork except a Swedish notarized affidavit (apostille probably needed), so it is not surprising that they do not respond. Then, his government will not ack his fatherhood until the PH does. Again, no surprise. He should have ensured when they baby was born and birth certificate created that he was named the father. It appears that was not done so PSA cannot justify changing the birth certificate to add him. Maybe a trip back, along with a Philippine family law attorney, is needed to fix this.
If you put yourself in the PH embassy and PSA position, here is some foreigner claiming paternity of a Philippine child with no attestation from the mother and no paperwork except a Swedish notarized affidavit (apostille probably needed), so it is not surprising that they do not respond. Then, his government will not ack his fatherhood until the PH does. Again, no surprise. - @danfinn
Valid points however. Mother appointed me as the father from day 1 of pregnancy and birth. Nothing has changed. The acknowledgment can not be signed before birth since it need details about the birth. The mother has handed the locals my acknowledgment by herself. She have hade every opportunity to cut me out of equation.
What I find annoying is the fact that PH has was one of the first coyntry in the world to sign the CRC (aug 1990). See article 7 attached.
The mother and I dont feel that PH act in the childs interest and pursuing her right to know her father.
In my country the police will eventually come after the father and take his blood sample to get the DNA sample out of his body. If the mother want so.
If PH really wanted the child to have a father (acc to crc art 7) we (the mother and father) have given the autorhites all help and evidence they possible can ask for to at least investigate it.
So something is rotten here is my gut feeling.
My signature is just as real here in Sweden as in PH. There should be no need to travel - a travel that will in the long run be at the child's expense.
General Q
Valid points however. Mother appointed me as the father from day 1 of pregnancy and birth. Nothing has changed.
The only legal way for you to be "appointed" as father is for your name to appear as father on the birth certificate.
I also think your DNA test must be conducted by a certified lab in the Philippines. I may be wrong but I just cannot see them accepting either a mail-in test result from a foreign country or a signature that is not apostiled. There should be no problem getting apostile in Sweden but I think you may have to come here to do the test. Don't take my word, check it out.
The acknowledgment can not be signed before birth since it need details about the birth. The mother has handed the locals my acknowledgment by herself. She have hade every opportunity to cut me out of equation.
I could almost assume she definitely wants you IN the equation. Reasons for that include financial child support and the possibility of her getting EU citizenship in the future based on her son's EU status. But she may be stuck at how to get your name on the PSA birth certificate. Unless she has some professional experience or connections, even the clerks she speaks to at PSA may not know how to advise.
What I find annoying is the fact that PH has was one of the first coyntry in the world to sign the CRC (aug 1990). See article 7 attached.
I don't know what that is. No article 7 attached.
The mother and I dont feel that PH act in the childs interest and pursuing her right to know her father.
I have a niece about 40 years old. At one time, 30 years ago we were looking at adopting her into the US so I saw the birth certificate. Her Filipino father was not marriedto her mother. So, back then, they didn't even list the father's name and just added the words "illegitimate" to the birth certificate. Why would you think the PH government would be interested the welfare of an "illegitimate" child? According to Catholic teaching, the child was conceived in an immoral way. Welcometo the third world. The ONLY ones interested in your child's intetest are you and maybe the mother. These days they may be more enlightened and may not specify ""illegitimate" but if true, it is also true that authorities will not do anything to try to chase down the father. And if course the locals here cannot afford DNA tests.
In my country the police will eventually come after the father and take his blood sample to get the DNA sample out of his body. If the mother want so.
That is quite a display of force on the part of the government. Well, your society probably has no problem sacrificing a little dystopian fascism for what us thought to be the greater good. That would not fly in many democracies including the US.
If PH really wanted the child to have a father (acc to crc art 7) we (the mother and father) have given the autorhites all help and evidence they possible can ask for to at least investigate it.So something is rotten here is my gut feeling.My signature is just as real here in Sweden as in PH. There should be no need to travel - a travel that will in the long run be at the child's expense. - @General Q
Your signature may be real everywhere but it is not acceptable here on legal documents unless notarized here or (likely) apostiled there. But again don't take my word, check it out.
@danfinn
My acknowledgment was signed in the presence of an attorney (Notarius Publicus) it was then sent to the PH embassy in Sweden saying that the papers are all good. Then sent to PH.
PSA can just send me a copy of BC to sign but I am not here to tell PH how to solve things. They should have this figured out.
If the Child has rightssomebody else has obligations. So this is why in the end the state can use force (DNA test) to establish the paternity. This is most likely the same in all civilized countries. We have democratically voted for the fact that it is better if the biological father pays for the bills rather than the collective. Otherwise men could start to act really irresponsible and that is not a society we voted for. It was like you describe once upon a time but we we voted differently. Since science found out that an abscent father is associated with alot of bad things. For the child and the society.
I was not able to post a photo but here is a link to article 7.
https://humanrightsforkids.org/resources/article-7/
What you are saying about PSA just shows me that PH have not implemented ways to act in the childrens interest i.e CRC.
CRC is Convention of the Rights of Children. Something UN made up obviously.
I might be in prison or on my way to Mars.
The child still have her rights to her father. There is no "but" in the human rights.
@danfinn
My acknowledgment was signed in the presence of an attorney (Notarius Publicus) it was then sent to the PH embassy in Sweden saying that the papers are all good. Then sent to PH.
PSA can just send me a copy of BC to sign but I am not here to tell PH how to solve things. They should have this figured out.
If the Child has rightssomebody else has obligations. So this is why in the end the state can use force (DNA test) to establish the paternity. This is most likely the same in all civilized countries. We have democratically voted for the fact that it is better if the biological father pays for the bills rather than the collective. Otherwise men could start to act really irresponsible and that is not a society we voted for. It was like you describe once upon a time but we we voted differently. Since science found out that an abscent father is associated with alot of bad things. For the child and the society.
I was not able to post a photo but here is a link to article 7.
https://humanrightsforkids.org/resources/article-7/
What you are saying about PSA just shows me that PH have not implemented ways to act in the childrens interest i.e CRC.
CRC is Convention of the Rights of Children. Something UN made up obviously.
I might be in prison or on my way to Mars.
The child still have her rights to her father. There is no "but" in the human rights. - @General Q
Good luck in your quest. You are probably going to have to bend a lot more. You say "PSA can just send me a copy of BC to sign but I am not here to tell PH how to solve things. They should have this figured out." They don't. I suggest you take a look at https colon slash slash rsso06.psa.gov.ph/birth-certificate to get an idea of their capabilities of sending regular letters and making normal BC applications. Clue: You have tio do all the work, not PSA whether they are supposed to care about child protection or not. Note that they will use PhilPost to send your documents; that means it takes a long time if ever to receive them. But you already know that I recommend you doing it in person.
As far as a suspected parent being manhandled by your local jackboots for a forced DNA test, I don't agree that most free countries do that. In the USA that would be a 4th Amendment violation. If a woman wanted to prove paternity of a certain individual in the USA, due process would be for her to file a paternity lawsuit. Her very accusation of the man probably goes a long way to "prove" his paternity since it is his word against hers, and possible perjury discourages people from lying. The civil law standard of "preponderance" of the evidence works in the woman's favor or at least it used to, until the widespread availability and lower cost of DNA tests began to resolve most false paternity claims. So, what the accused can and WILL do is *voluntarily* obtain his own DNA test to prove he is NOT the father.
In the Philippines, more and more, paternity is becoming an issue just as in your case and they do have DNA labs here but I never hear of that being an issue amongst Filipinos; it seems to be a question only when a foreigner is involved. Reason: 1. Only foreigners have enough money to make it worthwhile to prove paternity (said I, bluntly). 2. (Bluntly again) Culturally, it is moderately accepted for the father to move to another island never to be heard from again after the baby is born. This is not nice *but it is the way it is*. So, the 2nd reason would be that only foreigners have been brought up with a sense of moral responsibility to raise their kids. But note, not all men here are like that here. This is characteristic of the poor and uneducated. Not all, but paternal abandonment is very common. There are a lot of poor and uneducated here.
Given the culture, whomever is enforcing CRC certainly has their work cut out.
General Q, according to your info you are planning to move to the Philippines. Why not just take care of this on your next trip to the islands?
@danfinn
As I said. Force is the last resort to prove paternity. What you describe about US is sounds similar to the way here.
Is it optional to be a father in US?
Going to PH is more of a long term horizon.
Going to PH is more of a long term horizon. - @General Q
So you are going to be the absentee father during the child's formative years?
Articles to help you in your expat project in the Philippines
- Getting married in the Philippines
Getting married in the Philippines provides a backdrop of immense beauty through stunning beaches, tropical ...
- Retire in the Philippines
Retiring in the Philippines can be an exciting prospect for expats. Settling down in the Philippines has its ...
- Traveling to the Philippines
Do you need a visa and other requirements to travel to the Philippines? Here is your step-by-step guide for entry ...
- Lifestyle in the Philippines
About to move to the Philippines? Wondering how you're going to adapt to your new environment and lifestyle? ...
- Dating in the Philippines
The beauty of the Philippines, with its dramatic modern and old Spanish architecture, plus the golden sands and ...
- Obtaining a Philippines driving licence
Whether you are converting your existing foreign driving license or applying as a first-timer for a Philippines ...
- Leisure activities in the Philippines
Consisting of more than 7,000 islands, the Philippines is a real treasure that you can explore during your stay ...
- Choosing your neighbourhood in Manila
Choosing a neighborhood is one of the most critical decisions that expats need to make when moving to Manila. Each ...