afathertobe Posted September 2, 2014 Author Posted September 2, 2014 I tried to read up a bit on the subject, and to the best of my current, limited knowledge the following steps have to be undertaken: a) change the birth certificate (which the alleged father has signed) with proof of the two DNA test (the negative one of the alleged and the positive one of me) b) apply for a change of surname at the civil register from the alleged father's to my family name, his middle name is already her family name which seems customary in the Phils. Do you realize how expensive and time consuming those steps will be? There will undoubtedly be people along the way who will offer you illegal 'shortcuts' which we do not discuss on this forum. I suggest, from experience, that you keep an open mind to that possibility. Expensive and time consuming it will probably be, though I sure hope I'm wrong... but all that has to be done in order for him to obtain Swiss citizenship. I don't think the fortunes of the world will be completely overturned in 20 years time and a PH passport will be the best thing to have in the world... so I want to give him the opportunities that come with a Swiss passport. Honestly not considering shortcuts at all, I need to have everything done by the book and in a completely transparent fashion which holds up to courts locally and abroad. 2 Link to comment Share on other sites More sharing options...
afathertobe Posted September 2, 2014 Author Posted September 2, 2014 (edited) 1. Yes the middle name is the mother's family name. 2. No, you do not become the legal guardian; those rights remain with the mother and in fact your rights are rather few. 3, As a matter of interest I did take the mother of my son to China with me before we married ; there was no difficulty in her getting a visa. 4. The grant of Swiss citizenship to the little boy may well confer a right of abode on the mother as well; you may like to check this. 1. - 3. good to know, thanks. 4. This does not seem to be the case for unmarried foreign mothers. In this case it is solely my duty and right to invite the mother of my Swiss son to live with me in Switzerland. And unless my son spends at least a few years in education in Switzerland her residence permit will expire if my son no longer lives with me. Visiting will not be a problem though and we are not planning on relocating to Switzerland any time soon. This is an important difference to the US, place of birth does not matter, what matters is the mother and/or the registered father being Swiss for the child to get citizenship. Edited September 2, 2014 by afathertobe Link to comment Share on other sites More sharing options...
Call me bubba Posted September 2, 2014 Posted September 2, 2014 (edited) Do you realize how expensive and time consuming those steps will be? There will undoubtedly be people along the way who will offer you illegal 'shortcuts' which we do not discuss on this forum. I suggest, from experience, that you keep an open mind to that possibility. yes Dave thats correct , this is 1 reason this forum is soo helpful as the admin/staff doesnt tolerate this, and yes 1 must "keep an open mind" (cough cough ) here is a site that seems to offer advice regarding this situation maybe they can help or direct you to the competent person who can legally help http://mastercitizen.wordpress.com/category/nso-birth-certificates-and-more/ http://mastercitizen.wordpress.com/ Honestly not considering shortcuts at all, I need to have everything done by the book and in a completely transparent fashion which holds up to courts locally and abroad. it appears again i could be wrong ,, this firm Seems to do the procedures by the book, you may have issues with your home country of why 1 father was listed , now you want your name.. keep a paper trail of whatyou do . who you talk with so your protected the steps and other procedures are not cheap. so keep an open mind . maybe a LATE REGISTRATION could solve your issues *" cough cough cough" I Edited September 2, 2014 by Pittman apartments Sgn 2 Link to comment Share on other sites More sharing options...
Methersgate Posted September 2, 2014 Posted September 2, 2014 onestly not considering shortcuts at all, I need to have everything done by the book and in a completely transparent fashion which holds up to courts locally and abroad. it appears again i could be wrong ,, this firm Seems to do the procedures by the book, you may have issues with your home country of why 1 father was listed , now you want your name.. keep a paper trail of whatyou do . who you talk with so your protected the steps and other procedures are not cheap. so keep an open mind . maybe a LATE REGISTRATION could solve your issues *" cough cough cough" Useful cough you've got there. 1 Link to comment Share on other sites More sharing options...
afathertobe Posted September 9, 2014 Author Posted September 9, 2014 Right, I promised an update and here it is: 99.999999% probability of being his father. :thumbsup: Not much of a surprise for me at this stage, I knew it the moment I saw him, but it's still a good thing to know for sure and to able to tell others. Now we'll have to go to the civil registar and apply for a change of the birth certificate at court, will need an attorney for that. If anyone has any recommendations for a good one in Manila I'll be happy to receive his contact. Cheers 1 Link to comment Share on other sites More sharing options...
Jack Peterson Posted September 9, 2014 Posted September 9, 2014 will need an attorney for that. If anyone has any recommendations for a good one in Manila I'll be happy to receive his contact. FTB, this may not be necessary, I did not when I went for Adoption of our daughter, It is an Administrative case and only needs a Rubber stamp. Go to the Halls of Justice and speak to the I/C of the Courts Administration Office. explain the Situation and be guided by Him/Her. Of Course people and I guess the NSO will, tell you need a lawyer, they are all in each others Pockets and hang it all out. As long as Mum is with you to verify the Story things can be so much Simpler. Remember to take All the necessary paper work, they just Love paperwork. OH! one more thing, make sure you have plenty of time on your Passport, they may not proceed if you are short of time and certainly not if you are out of the Country, Then you Will I think, need a Lawyer, but From what we know of you, you will do it Right and be around :thumbsup: JP :tiphat: 2 Link to comment Share on other sites More sharing options...
Dave Hounddriver Posted September 9, 2014 Posted September 9, 2014 It is an Administrative case and only needs a Rubber stamp I have to differ with you on this one, JP. This is not an adoption, this is a case where the birth certificate is false (father listed was a lie) and the child needs his birth rights which can only be given by a corrected birth certificate, but this is just my experience and your way has merit. 1 Link to comment Share on other sites More sharing options...
Jack Peterson Posted September 9, 2014 Posted September 9, 2014 I have to differ with you on this one, JP. This is not an adoption, this is a case where the birth certificate is false (father listed was a lie) and the child needs his birth rights which can only be given by a corrected birth certificate, but this is just my experience and your way has merit. I take you point Dave but as long as the Mother is there to Admit the Lie, I see no need for a money Grabbing Lawyer to argue a case that is being Admitted. I would also say now, that an affidavit from the other Person Involved may be needed. You know, I release all claims. Although it is a lie, maybe FTB (well the Mother) could claim Mistaken Identity of the father,Hmmmm even some truth in that of Course...... :rolleyes: the DNA test of course will prove Conclusively, We hope. 2 Link to comment Share on other sites More sharing options...
Methersgate Posted September 9, 2014 Posted September 9, 2014 I am with Jack on this one; I don't think you need a lawyer to change a birth certificate, although you WILL need to swear an affidavit. What you need (and, as a foreigner, you may well get it) is an official who is willing to be helpful. I got my son's birth certificate changed to legitimate him when I married his mother. 1 Link to comment Share on other sites More sharing options...
Markham Posted September 9, 2014 Posted September 9, 2014 I am with Jack on this one; I don't think you need a lawyer to change a birth certificate, although you WILL need to swear an affidavit. What you need (and, as a foreigner, you may well get it) is an official who is willing to be helpful. I got my son's birth certificate changed to legitimate him when I married his mother. I'm afraid that prior experience of a similar issue makes me say that this will be a time-consuming matter that will require a competent lawyer as there will need to be a court trial. 3 Link to comment Share on other sites More sharing options...
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