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Katetatiana

Hi,

I just want to ask ,any idea,I worked here in morocco but I'm from Philippines and i have a boyfriend German for 2 years and were planning to have a baby but the point is I'm separated in Philippines for 4 yrs and not yet divorce or annulled as what we called in Philippines because we don't have divorce. He cannot take me there in Germany because I'm still married in papers and my ex doesn't want annulment,
My question is if I'm pregnant and gave birth there in Germany is it easy for my child to get his/her passport? Because I search for process for passport for baby they will ask the certificate of marriage for both parents.Does any idea if I gave birth there and if have problem for me? Just only giving birth there and after me and my baby will go back here in Morocco as i have job here...
I hope u can help me...because I'm afraid for the consequences especially for the baby...thanks..

beppi

The child of a German parent (one parent is enough) is German citizen by birth, and thus can get a German passport.
By default, the husband of the mother is mentioned in a birth certificate and thus becomes legal father - and changing that later is difficult (and involves genetic tests, etc.). So better make sure the biological father is mentioned in the certificate and thus also becomes legal father. With that you can then contact the German embassy.
(And as mother of a German citizen child, you can then also move to Germany with the child.)

Katetatiana

Thanks Beppi, I'm just afraid maybe they will ask me for marriage certificate for processing the baby's passport because I'm still married in Philippines and I want to bring my baby with me here in Morocco, we just want to give birth there because we know that it's secure for medical care than here and of course for the future of our baby..

beppi

It is not clear from your message where you want to give birth (Philippines, Germany, or Morocco). Can I assume you mean Germany?
Of course they will ask for your marriage certificate.
But from a legal standpoint (in Germany) it is perfectly fine to be married to one guy and have a baby with another.
If the biological father declares his fatherhood at birth, he becomes legal father as well and is mentioned in the birth certificate - independent of whether you are married to another guy or not. If he doesn't declare his fatherhood, your husband becomes the legal father and is written in the birth certificate.
The situation might be different in another country.

Edited to add: It is very strange that your country does not allow divorce. As far as I know, all other countries allow it (and even the Philippines allow it for non-catholics). But since you live abroad, you can always divorce under your residence country's law. Whether your home country's authorities recognise it then is questionable, but at least you are free to re-marry anywhere else.

Katetatiana

if I will get pregnant we're planning to gave birth there in Germany because of medical and assurance for the baby but after me and my baby will go back here in Morocco because of my job..I'm just afraid of the consequences if it is hard to get passport for our baby because I search the requirements they need the marriage certificate that I cannot give because I'm still married in Philippines....

We don't have Divorce in Philippines,we only have annulment and as for me my ex doesn't want to agree for annulment,it's a long process if my ex doesn't want....

beppi

Yes, of course they will ask for your marriage certificate - and you will have to show it.
But as I said, that does not necessarily mean that your husband becomes the legal parent.
If divorce is so restricted in your country, why don't you divorce elsewhere?

Katetatiana

Thank u so much beppi, if like that it's ok,but I'm just worried maybe me is the problem after giving birth because I'm still married..
Until now I'm looking for an attorney here in Morocco if possible or any other countries that possible for me to get easily divorce...I hope I can find...

SimCityAT

beppi wrote:

Edited to add: It is very strange that your country does not allow divorce. As far as I know, all other countries allow it (and even the Philippines allow it for non-catholics). But since you live abroad, you can always divorce under your residence country's law. Whether your home country's authorities recognise it then is questionable, but at least you are free to re-marry anywhere else.


Unlike many western cultures, Philippines courts forbid divorce according to their Family Code of laws. Annulment is the only recourse a Filipino citizen has under normal circumstances. This is different than a Decree of Nullity of Marriage. This states that the marriage was invalid at its inception. It was not legal due to incorrect agreement or performance by the clergy.

https://www.hg.org/article.asp?id=20090

beppi

Yes, I saw that too. The Phils is the ONLY country in the world not allowing divorce!
However, as I said, she can always divorce elsewhere and that will be recognised worldwide (except Philippines).
And in case you wonder: Yes, it is legally possible to be married in one country and not married (or married to another person) in another - there is even a legal term for this: "limping marriage". International law does not need to follow common sense or any logical standard!

Katetatiana

Thanks beppi, I will look for an attorney here that can help me and can speak English so that we can understand each other about my case because majority here they speak Arabic,French or Spanish but English no...I hope I can find easily...Next month I'm going back there in Germany and we will try to inquire also...again thanks so much...

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