Girlfriend is pregnant

[Ryan schroth]

 my girlfriend is pregnant. She lives there in Malita.  I am in the midst of moving there we are waiting for her annulment to finish processing before we marry. If she has baby before anullment.is there any such thing as an anchor baby law much like in the United States even though it’s not an official law?

[Old55]

The baby would be a Filipino citizen. The husband of your GF knows about this?

[Ryan schroth]

No . They have had no contact for 12 or more years 

[scott h]

3 hours ago, Ryan schroth said:

anchor baby law

anchor for who? and what country? can you be a bit more specific? 

[Hobbit112]

4 hours ago, Ryan schroth said:

anchor baby law

If you are asking if the baby can 'anchor' you in the Philippines whether you are a legal or illegal immigrant the answer is no.  You must still get and renew your visas when due or potentially suffer deportation.

Edited August 6, 2019 by Hobbit112

[Mike J]

I assume you are asking about if and how to gain USA citizenship for the baby?

This may help.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

<snip>

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(c) or 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA if:

A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years --
the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
If you have questions about the contents of this section or related citizenship laws you should contact a private attorney.

<end snip>

So at the very least you would need DNA testing to prove you are the father and agree in writing to support the child to age 18.  You would also need the legal system here in the Philippines to establish the baby is legitimated and paternity established by "competent court".  That presents a number of problems, the least of which are time and expense.  It sounds like both the USA and the Philippine court system have to be involved in this.  I have no idea how the courts here would react, as legally you and your girlfriend are both guilty of adultery under Philippine law.

It sounds like you may be entering a legal field filled with landmines.  I would expect you will need both American and Philippine attorney to advise and guide you as to what steps are required.

 

[graham59]

8 hours ago, Mike J said:

I have no idea how the courts here would react, as legally you and your girlfriend are both guilty of adultery under Philippine law.

It sounds like you may be entering a legal field filled with landmines.  I would expect you will need both American and Philippine attorney to advise and guide you as to what steps are required.

 

Strictly speaking... incorrect. Yes, the married woman would be committing Adultery. Her 'lover' would be guilty of 'Concubinage' ... a less serious offence, I believe.  Even then HE would need to be married to a local, I would think, to be done for that. 

I do agree though, that this is likely to be a long, difficult, and expensive haul... especially when the estranged hubby gets wind of it.  

Edited August 7, 2019 by graham59

[OnMyWay]

9 hours ago, Mike J said:

I assume you are asking about if and how to gain USA citizenship for the baby?

This may help.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

<snip>

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(c) or 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA if:

A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years --
the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
If you have questions about the contents of this section or related citizenship laws you should contact a private attorney.

<end snip>

So at the very least you would need DNA testing to prove you are the father and agree in writing to support the child to age 18.  You would also need the legal system here in the Philippines to establish the baby is legitimated and paternity established by "competent court".  That presents a number of problems, the least of which are time and expense.  It sounds like both the USA and the Philippine court system have to be involved in this.  I have no idea how the courts here would react, as legally you and your girlfriend are both guilty of adultery under Philippine law.

It sounds like you may be entering a legal field filled with landmines.  I would expect you will need both American and Philippine attorney to advise and guide you as to what steps are required.

 

Mike, as far as the baby gaining U.S. citizenship, I think you made this sound a lot more horrendous than it actually is. Of course it varies on  case by case basis, but if everything is on the up and up, it is not that bad.  True that is will have more scrutiny when the relationship is only a few weeks, but I don't think any courts or attorneys need to be involved, unless issues come up.

My first daughter was born out of wedlock.  I read up on all the CRBA requirements and followed them to the letter.

"So at the very least you would need DNA testing to prove you are the father and agree in writing to support the child to age 18.  You would also need the legal system here in the Philippines to establish the baby is legitimated and paternity established by "competent court". "

None of the above is required by the U.S., initially.  DNA testing is only done if they order it and has to be done by their assigned labs.  The Philippines was not involved at all except as far as the PSA Birth Certificate.

We brought all the paperwork to an embassy outreach, had an interview, paid the fees, and had the CRBA and passport a few weeks later, by mail.

Edited August 7, 2019 by OnMyWay

[robert k]

31 minutes ago, OnMyWay said:

Mike, as far as the baby gaining U.S. citizenship, I think you made this sound a lot more horrendous than it actually is. Of course it varies on  case by case basis, but if everything is on the up and up, it is not that bad.  True that is will have more scrutiny when the relationship is only a few weeks, but I don't think any courts or attorneys need to be involved, unless issues come up.

My first daughter was born out of wedlock.  I read up on all the CRBA requirements and followed them to the letter.

"So at the very least you would need DNA testing to prove you are the father and agree in writing to support the child to age 18.  You would also need the legal system here in the Philippines to establish the baby is legitimated and paternity established by "competent court". "

None of the above is required by the U.S., initially.  DNA testing is only done if they order it and has to be done by their assigned labs.  The Philippines was not involved at all except as far as the PSA Birth Certificate.

We brought all the paperwork to an embassy outreach, had an interview, paid the fees, and had the CRBA and passport a few weeks later, by mail.

Might make a difference if she is still married to another man. It's usually presumed that the issue of any marriage is from the husband, and many men have supported children not their own because they were married to their wife at the time they bore the child. If the US did not require a DNA test? I would think my taxes are misspent!

[Arizona Kid]

My GF just went through this process 3 months ago with the US Embassy in Manila. The DNA testing is the most important thing to get done. You will need a credit card to give to the testing place that the US Embassy recognizes as legit. I used my card and it was $800 bucks. It's in Ohio somewhere. Once that is completed it's easy street. Just complete the paperwork that they require and your child will be issued a US passport that will be good for 5 years. When your child turns 16 he or she can renew for 10 years. Also make sure a SSN is issued. It's time consuming but worth it. PM me if you need more detailed info.