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Is it possible that a German can adopt his filipino girlfriend's child

Hello! Quick question. I want to bring my son here next year April. I am married to a German, and my son's father was nowhere to be seen. We are not married so we dont need a consent. Today I got my visa valid for a year and I should finish my integration course before they give me the unlimited. In this time span, can I bring my son already while I am on my 1yr probationary? Thanks!!

If the father has (joint) custody, you need his consent to bring your (his) son.
This has nothing to do with being married or not.
So you should either ask him, or get a court order that grants you sole custody first (and possibly get your husband to adopt your son later)!

No he doesn't have. And I raised my son alone since he was born so basically he doesn't exist, just that my son is using his last name. Regarding my probationary, am I allowed already to take him or should I finish my integration course first?

hallo guten tag,
     first my name is Lilian 27 years of age,i have 2 kids from my boyfriend before (WE ARE NOT MARRIED )My kids are now coming 5 and 6 years old this year..they are studying as kinder1 and nursery2...im married with german national since january 6,2015....me and my husband like to live in germany...what are the best and easier but fastest way to get a visa?we are now round 3 years together but he work in germany and i live in phils..he come to me for 30 to 90 days and he go back to germany...about german langguage we learn it together since we know us(my husband)first 6 months most often then for the next sometime...in short i have a litle bit knowledge about german...my husband say its enough i pass the A1 test in GI(Goethe Institute) in manila...it possibly i can take an exam with out studying in german class but we learn with my husband?????if yes i get direct this CERTIFICATE ???AND WHAT ARE THE REQUIREMENT DO I NEED TO APPLY VISA TO GERMANY????Then the next question is about my kids they are using thier fathers name..its easier i can bring them also with me to germany without his fathers signature coz we are not marry..???and what are the step to do that they get visa?adoption is good and easy???thanks for all...

please helop me i need more information reagrding this situation...

Lilian

You have two separate issues here: You, and your kids.

Let me explain the easier issue first: You.
Since you are married to a German, he can get a family reunion visa for you (he just has to show sufficient living space, a health insurance and you need to have basic German language skills - get the A1 certificate ASAP to show this!). The authorities might want to see proof that yours is not a marriage of convenience, which might be a challenge if you never lived together.

Your kids are more complicated, since your husband is not the father.
Do they have German citizenship? If yes, this makes things much easier (and also your own visa application smoother, since parents of German citizens are treated preferentially). If not, they need a visa on their own. This might be difficult, because your husband is not the father!
Do you have sole custody for your kids? If yes, at least you yourself can decide to relocate them. If not, their father has to give (written) consent before you can move them to another country (or even apply for a visa). If you have nothing in writing, the authorities will assume joint custody and ask for the father's consent.
Altogether, for your complicated case, I'd suggest you (or your husband) consult a good German immigration lawyer.

cyrilanne :

Hi Aileen!

Where do you plan to process the adoption, in the Philippines or in Germany? I am not quite sure about the fees but it is definitely a long process, but I have learned from an online friend, there is the second option which is quite faster, that is application for change of name for your kid. The procedure is, to accomplish a petition for change of name in court here in Germany.

Although this post (Reply #4) is quite old now, I just wanted to make one point very clear here. Merely changing the child's name DOES NOT take the place of legal adoption, and it does absolutely nothing to address the issues of legal guardianship, inheritance and succession rights that an adoption does. One does not necessarily need to change the child's name for the child to have all those legal rights when adopted, they are two completely separate issues. A simple name change does not impart any rights, only adoption does that.

Cheers,
James       Expat-blog Experts Team

Hallo Aromic and hallo to All...!


I want to share also about my experinces. We had our Wedding im Philippines and my Son born there.

After we getting married. My man processed all the papers here in Germany and sent all to the Philippines Embassy for Visa processing.We have waitng 1 year before they approve my Visa it is called Family Reunion Visa. You can get it only when you are married and have a child or children from your German husband. Normally  you must not take the Deutsch exam. You are automatically legal wife and legal mother and have rights for your children. Here in Germany is the policy that the money for the children must go the account of the wife account.

But in your case, you live in China and not here in Germany. Is an other focus of the situations. But there's can nothing problem about this. Start that you married and mother, you have right for everything. More when easier when you living here in Germany, but can also anywhere. Only takes ever time for the papers processing.


English documents, must not translated in Deutsch only a stamped..! It is mean, that is verified that this document is legal. But some documents needed translation...not overall in Germany...

Germany have 16 Bundeländern with different laws.
But for us Stranger here...we have only the same proccessing, ways and steps...It's belongs to us.
How we making our life easier for every plan we have...

Now I've been 5 years here with my Son. Nice to help you.

Goodluck all of you..!

If you have some words not understand, just free to ask me.

Best Regards,

jaclorjohann

Hello po I'm a filipina 32 years old my husband (german) is passed away 3 months ago we get married in phil and after that we live in germany I am now 4 years here in germany but I'm planning to go back in phil since my own kids are there and my husband is already passed away. My problem is his ex wife want to take his money because she said in german law they don't accept philippine law in here. Is that true? What I have to do? Pls answer thank you so much!

If there is a conflict about your inheritance, you should engage a lawyer - the rules are too complicated to find any solution by yourself.
In general, id you got your German visa and lived together with him based on the marriage, you are of course recognised as his wife by German law, too. His ex-wife might have some claims for the inheritance (or parts of it) based on the divorce terms or other agreements. This can only be decided by a court - and you'll need a lawyer there.

Thank you so much!!

hello LILY27,

regarding your question about how you can join your husband in Germany since your are already married in Philippines, simply just apply for the family reunion visa. You can check in their website www.manila.diplo.de for the list of the requirements needed. With regard to your kids, that I am not sure how it will be processed because I have a friend in Austria and she was able to bring her son back to Austria by means of family reunion too without her husband adopting the kid. Yet, great advice is to process first all the documents needed because with your process is still a long way and yes if you think you have enough knowledge to take the A1 exam. I know that there is an exemption not to take the exam when you want to apply your visa in the embassy.  A friend of mine, applied for visa and she doesn´t have the A1 certificate, so the embassy give her options either to take the exam or her interview will be all in Deutsch. If during the interview you can communicate and understand the basic I think there will be no problem, anyway if the evaluation is not good the embassy will advise you to take the exam and your documents for the meantime will be pending in their office.

Thanks!

Moderated by Priscilla last year
Reason : Please post in english only on this english speaking forum

Hallo Leute. I am new here. I was just wondering about this thread if anyone are still active. I have an issue regarding about my austrian husband wants to adopt my illegitimate daughter here in austria. I just got my 1 year trail period residency and hopefully next year I could bring my daughter here with me. My daughter is still in the Philippines. How to apply visa for her? Is it possible that I could apply visa for her here in austria?

FrauSeyr :

Hallo Leute. I am new here. I was just wondering about this thread if anyone are still active. I have an issue regarding about my austrian husband wants to adopt my illegitimate daughter here in austria. I just got my 1 year trail period residency and hopefully next year I could bring my daughter here with me. My daughter is still in the Philippines. How to apply visa for her? Is it possible that I could apply visa for her here in austria?

Your question would be better placed in the Austra forum, since such rules and formalities differ from country to country.
(By the way: I don't think your daughter is illegitimate, even if you weren't married to the father. In Germany nowadays more kids are born to unmarried parents than to married ones!)

beppi :
FrauSeyr :

Hallo Leute. I am new here. I was just wondering about this thread if anyone are still active. I have an issue regarding about my austrian husband wants to adopt my illegitimate daughter here in austria. I just got my 1 year trail period residency and hopefully next year I could bring my daughter here with me. My daughter is still in the Philippines. How to apply visa for her? Is it possible that I could apply visa for her here in austria?

Your question would be better placed in the Austra forum, since such rules and formalities differ from country to country.
(By the way: I don't think your daughter is illegitimate, even if you weren't married to the father. In Germany nowadays more kids are born to unmarried parents than to married ones!)

Thank you for your response. My apology! I just posted here because I saw these thread about possibilities of a German National if he could or able to adopt his Filipino girlfriend's child.

Thank you and God Bless :-)

Beppi is right that this is best put in the Austria forum.

But as a general response, a child born to a woman who is not married can be adopted by the person she eventually marries in most any country. This is actually easier than if she had been married. The father of the child born of wedlock usually has few rights and cannot stop the decision but usually then no longer has an obligation to pay child support as this duty is basically then passed on to the adoptive father.

And for Beppi, illegitimate means born out of wedlock, rather than somehow illegal. So yes, there are a lot of illegitimate children born in Germany but thankfully this no longer carries the stigma of negative connotations that the word illegitimate does. Thankfully, in most western countries at least, a child born out of wedlock is no longer a crime.

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