Child visa (child born out of wedlock)

pctornitorodriguez · April 2018

Child visa (child born out of wedlock)

Hi everyone! Hopefully someone could answer me in this page.

I have a 7 yr old child born out of wedlock. He is carrying my last name NOT his fathers’ last name and his father DID acknowledged/signed it at his birth certificate). His Dad never supported him since he was born. My parents supported me and my son, even until now. My son is living and under the care of my Mom since the day I left to go here. I am now married and holding my permanent residency. Since I got married, my husband supports my son and we send money to him for his needs.

My first question is, is it possible if I can sponsor my son even if our source of income is from my husband only because I am not working yet because my husband and I had a child thus, I am looking after our kid for now.

Second, do I still have to get a consent from my son’s Dad for the consent even if it states from the Philippine Law that the parental authority is with the mother? The law says here — Family Code of the Philippines, and is from Article 176 of the Code:

“Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.”

Third, what are the documents you’ve submitted or the immigration asked to make the visa processing quick?

If someone please share your experiences and details as I am so confused where to start and I’m in a dilemma if it would be complicated to bring him here (like court orders or court hearings and will cost us a lot of money, if this applies to my situation). We would like to get my child to here as soon as possible. Please enlighten me. Thank you!

cucci · April 2018

@pctornitorodriguez Have you checked out the Child Visa information and requirements here?

Since there was no acknowledgement of paternity on the part of the father, on the part of the Philippine government, you are recognized as the the one with the sole parental authority over the minor child. As such, there is no impediment on bringing the child to Australia.

All the other information and documents required are on that link above on the part of the Australian government.

ladyG · August 2020

Hi po, need help and advice po mga kabayan. Naka BVA po ako ngayon sponsored by my aussie husband (we just applied partners visa last year) and gusto po namin mag asawa na kunin na rin anak ko which is 12 years old nasa pinas (anak ko po sa pagka dalaga at wla po sa birth certificate nya ang name ng biological father). No urgent to travel nman po pero mas ok sana mailodge ang application ng maaga. May 2 po sana ako na itatanong:

nung nag check kami sa website, na confuse kami which visa ang kelangan kc meron po tourist visa $300+ ang fee, meron naman tourist visa $145 (which the same visa na ginamit ko dati) and family stream tourist visa $145 under po yan lahat ng subclass 600 medyo nakakalito. Tama po ba ang second option na tourist visa $145 since pareho lang nman descirption ng family stream visa? May nakapg sabi po kc na mas madali ang tourist visa kesa sa family stream tourist visa kc marami hinihingi eh bata lang nman ang iaaply.
plan po namin ibridge ang visa nya after 3 months pag dating nya dito. anong visa po ang pwede? meron kami nakita na Dependent Child Visa 445 which is okay naman po since ako naman ang parent, kaso plan po namin mag asawa na ichange rin last name ng anak ko para lahat kami isa lang ang gagamitin na apelyido (iaadopt po xani hubby legally), tama po ba na ibrige sa Adoption Visa subclass 102 kaya lang ang nakalagay eh "outside Australia" eh by that time "inside Australia" na sya. And meron din po option na Child Visa subclass 102 which is ok naman din kc dependent naman din sya ni hubby since ng papadala kmi for her sa pinas kaya lang "be a dependent child of a parent" eh step parent po si hubby until iadopt nya. Kaya confuse po if alin sa tatlo ang ibi bridge after the tourist and alin sa tourist visa ang i-apply namin. Please enlighten me.

Maraming salamat po sa mga sasagot.
God bless