Adoption - Illegitimate Child

In 1992, I entered in a lived in relationship with a married man, Paolo (not his real name), 12 years my senior. During that relationship, I gave birth to a baby girl in 1994 and Paolo is the biological father. When we filled out our daughter's birth certificate (while in the hospital), we decided to put a fake date on the Date of Marriage so my daughter could carry Paolo's last name. Paolo then signed on the front of the birth certificate. Thus, my daughter's last name was Paolo's last name. This birth certificate was registered at the National Statistics Office.

In 1996, my daughter needed to have her passport done and to apply for a tourist visa. Since her birth certificate has a fake marriage date and I cannot produce a fake marriage certificate as a supporting paper for her application to get a passport and a tourist visa, I contacted a someone inside one of the local municipalities to help me register "AGAIN" my daughter's birth certificate carrying my maiden name and to name the father as "Not Applicable". The new birth certifiacte shows "LATE REGISTRATION". The new birth certificate was then submitted to the National Statistics Office. To make the story short, my daughter has 2 birth certificates registered. But, in all of her records.... school records, passport, visa, etc., she is using the birth certificate using my maiden name. Paolo opposed all of these.

In 1999, my relationship with Paolo ended and we separated. My daughter lives with me and now she's 14 years old. My relationship with Paolo was never been accepted by my family because he had no stable job, he smokes, gambled, never was a good father, and the no. 1 reason was he is a married man. Paolo was not a good father and a provider to his daughter. Since our break up in 1999, he never contacted me or my daughter, he never sent any financial support or anything. The last time I heard of something about him was in February 2000, when he was featured on national TV being wanted by the NBI for kidnapping a 15 year old high school student somewhere in the North(whom he was sending sweet text messages while he was still in relationship with me).

In 2002, I got legally married to a good man. And we eventually migrated to a foreign with my daughter. Next year, 2009, we are going to apply for our Citizenship to our new country of residence. Now, my husband would like to adopt my daughter and the procedure will be done here in in this foreign country.

I have not heard from my daughter's biological father or seen him for 9 years now; and I don't know his whereabouts anymore.

Questions:1) What will be the consequences of my daughter's adoption here in this foreign country?2) If the adoption takes place before our citizenship application, does Paolo have the right to ran after me or sue me or claim back my daughter?3) If the adoption takes place after we become citizens in this foreign country, does Paolo still have any rights or can sue me?4) If we become dual citizens, does Paolo still have any rights or can sue me or claim back my daughter? 5) What is the consequence for Paolo making a false statement on my daughter's original birth certificate, which was faking the "date of marriage"? 6) What is the consequence for me registering my daughter's birth certificate twice (I just did this for a good reason and for my daughter's future)?

Thank you for reading my case and hoping to get some legal advise from you.

I will try to answer. I would appreciate if others also give their inputs or any corrections

1. assuming that you legally adopted your daughter in the foreign country, then your daughter shall be deemed your legitimate child, she acquires reciprocal rights and obligations arising from parent-child relationship, she will enjoy rights accorded by the adoption law of that country like right to inherit and use of surname

2. our adoption laws in the philippines require the written consent of the biological parents. However, in adoption procedures the best interests of the child should be the paramount consideration so I think your paolo's consent may be dispensed with because his whereabouts are unknown and he has a shady character.

3. under the conflict laws regarding the creation of the status of adoption,
rights and obligations of adopter and adopted is generally governed by the national law of the adopter so if you already acquired foreign citizenship, then the foreign law shall govern. This is the best option for you because Paolo would have a hard time to question the adoption

4. same as no. 3 and also the law recognizes that in adoption procedures the best interests of the child should be the paramount consideration.

please note also that an illegitimate child shall be under the parental authority of the mother regardless of whether the father amidst paternity. The recognition of an illegitimate child by the father could be a ground for ordering the latter to give support to, but not custody of, the child, The law explicitly confers to the mother sole parental authority over an illegitimate child; it follows that only if she defaults can the father assume custody and authority over the minor [BRIONES vs. MIGUEL 440 SCRA 455 (2004)]

furthermore, one effect of adoption is severance of all legal ties between the
biological parents (paolo) and the adoptee (your daughter) so this means paolo can no longer take back your daughter

5. Paolo may be held criminally liable

6. in my opinion, there's nothing wrong with what you did. It was the right thing

Thank you so much for the advise Sheriff.

But, as Sheriff said, if someone has another legal opinions or inputs to this case, please extend your advise.

Thank you.

HI checkie, I hope and pray that the foreign country will grant the adoption of your son. I also think that it would be safer to adopt your son after you already acquired a foreign citizenship. I found this case decided by the supreme court en banc.

Private international law offers no obstacle to recognition of foreign adoption. This rests on the principle that the status of adoption, created by the law of a State having jurisdiction to create it, will be given the same effect in another state as is given by the latter state to the status of adoption when created by its own law.It is quite obvious then that the status of adoption, once created under the proper foreign law, will be recognized in this country, except where public policy or the interests of its inhabitants forbid its enforcement and demand the substitution of the lex fori. Indeed, implicit in Article 15 of our Civil Code just quoted, is that the exercise of incidents to foreign adoption "remains subject to local law." [MARCAIDA, vs. AGLUBAT G.R. No. L-24006]