Child adoption and rights

Your son, as the child of a German, is German citizen by default. I guess that is why the embassy doesn't want to give him a visa - Germans obviously don't need one (and if they have multiple citizenships, they nevertheless cannot  enter Germany With a foreign passport).
Thus you should get a German passport for your son and all is fine.
If he is not German citizen, the embassy must process his visa application and cannot reject it because of his ancestry.

if his biological father is not cooperative how is it possible for the embassy to process his german passport?
in an instance that my husband doesnt want to adopt him..
is he gonna get stuck in philippines forever amd cannot come with me just because of his bloodline?

German citizenship by birth (due to a Parent that is German at the time of birth) is automatic - no cooperation from that parent is needed later in life.
You said the father is mentioned on the birth certificate, so showing that to the embassy is enough.

However, if the biological father is NOT mentioned in the birth certificate (or has legally accepted his fatherhood later):
- You can either ask a family court to force him to undergo a (genetic) fatherhood test, which if positive is enough to give your son German citizenship.
- Or, if you do nothing, he remains foreigner and can apply for a German visa like any other foreigner (the bloodline plays no role here, only the legal situation).

If the biological father is mentioned on the birth certificate (and thus is also legal father), your new husband cannot adopt your son without the father's consent.

To reiterate my slightly complicated explanations above:
- Your son either has a German legal father, or not (you didn't clearly say which.
- if he has one, he is automatically German citizen and can apply for a German passport.
- If he does not have one, you have two possibilities:
1. You ask a family court to make the biological father legal father and thus make your son German.
2. You keep things as they are, then he is foreigner.
In none of the cases will he be stuck in Phil.

thank you for your answers really appreciate it..let me explain further..
i was married to a filipino man. we separate but no annulment was filed. i got a baby from my german boyfriend and we decided to give him his name and he signed in his birth certificate..
i went to the embassy they denied the child. they said under philippine law the child was born under the time i was still legally married to a filipino so my son is not even a german.
i filled an annulment done in 5 years..i married a german man . not his biological father and we want to take him for a 2 months vacation to germany.
they denied him telling me that i should apply him for a german passport because of his bloodline(yes father is a registered german)
now since i was married the time i got my son
it made the situation complicated.
they advised that the father should fight for the childs right..but i told him he wont and he cannot be reach anymore..
so how?
given that my new husband wont file an adoption.

I assume the Philippino whom you were married to at the time of your son's birth is the legal father?Then your son is not legally German right now and they must accept his visa application.

Hello everyone,

@seril, welcome to Expat.com

Please note that I have isolated your post and the answers you've received in a new topic on the Germany forum since you were off topic on the previous one. Hope this provides a better visibility and encourage other members to share their advice.

Good luck

Christopher
Expat.com

You have a complicated situation. Even some years ago, a child born during a marriage in Germany was assumed to be the child of the husband - despite DNA evidence to the contrary. Some women cheated on their husbands, had children from other men and then divorced their husband who was still required to pay child support for the children although they were proven not to be his biological offspring. This situation has changed in Germany in the meantime - to a degree. The married man, presumed to be the father of a child now has to take it to court within 2 years of finding out that he (probably) isn't the biological father. The real biological father, if not the husband, has no rights to claim as the father. The child on the other hand can make claims against the biological father until they are 18.

The Philippines is one of the only countries in the world that don't officially recognize divorce, so I would not be surprised to hear that they have backwards attitudes about such things. Too much moral indignation to think a woman might be married yet have another man's baby. So from a legal stand point it is probably a question of Filipino law if they deter the ex-husband is officially the father. The only question I have is why your new husband won't adopt the child, if you and your child are that important to him? Sounds like a lack of commitment.

Anyway, here is an interesting article in English that details the German laws about such things, although it's highly possible that the Filipino laws might apply concerning  his status and getting him to Germany. Maybe once in Germany he would have further options. You would have to ask a German lawyer about that.


http://www.eur.army.mil/21TSC/SJA/Legal … ternit.pdf

Hi! I also have a question regarding child adoption. My fiancee is German and I am a filipino. We are going to get married this June. I have a son from a previous relationship and although we aren't married, my son carries his surname.

Question 1: Will I have a problem applying him for a Family Reunion visa? Do I need his biological father's consent? His father does not provide any financial support although he visits my son from time to time.

Question 2: Will my son be allowed to study there even when I do not yet have my residence permit and will just have either the 1 year or 3 year permit?

Question 3: Is my son eligible  for dual citizenship like me after 3 years or does my fiancee have to adopt him? If so, do we need his biological father's consent?

Thank you!

Moonmama - Here is a Filipino website in English that gives some details of the newer laws concerning dual German/Filipino citizenship. This is just for special cases where one parent was German or both parents were Filipinos but the child was born in and raised in Germany along with other requirements. As far as I can see you  will not qualify for dual citizenship. Eventually getting German citizenship will mean giving up your Filipino citizenship. Your son can get dual citizenship only if your then German spouse adopts him.

https://www.dfa.gov.ph/news-from-our-fo … rting-2015

Here is a website that explains the process for a Filipino to become a German citizen. It requires you have to give up your Filipino citizenship.

https://pinayingermany.wordpress.com/20 … asy-steps/

If the biological father is not against the adoption then it can proceed. If he objects then it can be a problem unless the court would rule that it would be a huge disadvantage to the child. More details here under the German adoption laws:

http://www.adoptionpolicy.org/pdf/eu-germany.pdf