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

Good day!
My fiance' is a Deutscher (German, we've been together for more than a year and we are soon to get married.
I have a 4-yr old daughter from my filipino boyfriend before.
5 months after we got separated (we were not married) I have met my german fiance' and he loves us so much.

So after the marriage he is planning to make the papers of Legal Adoption of my daughter. Is there any possibility that the Germany Government would approve the papers?How long the process will it takes and do we need to change my daughter's surname (from his father) to my fiance's family name?
I hope guys you'll give me some ideas regarding this.
Thank You!

#2  Today 13:00:14
aromic
New member

From: Shanghai
Registered: 2013-02-21
Posts: 1
Re: New to it all...
hello everyone,im pinay married in german guy,we married in the phils.now we have 2 kids and at the moment im pregnant for my 3rd baby.i only want to ask .becouse everytime my husband told me that were not legel married in germany only in the phils.and all my kids is german passport.do i have the right to take my kids with me if we seperate to my husband?even were not married in germany?were married for 3 yrs now.and i could get some support to my kids?becouse he said i cant take my kidsvwith me becouse were not married in germany and they are alll german passport.and also the money from the goverment gor my two kids he is he one who take that.but its ok for me.he also told me maybe i cant get visa in germany coz were living here now in china becouse of his work.i dont know.everytime i ask him he cant explain to me,becouse its difficult he said to explain.i remember when were in germany we go to here municpal we submit our documents including our marrage contract but until now they not have feed back to us.thank u all i hope that someone could explain to me this matter.thanks and god bless

Hello Aromic,

I'm not yet sure the exact answer or solution for your problem.
I'll try to ask my fiance'(german)regarding this matter,I'm sure he knows the answer. kami po kasi this year we are planning to get
married first in Germany after i take the german course for two months and passed the A1 test (one of the requirements of getting Marriage visa in Germany) and December this year we will get married also here in the Philippines.

Let me clear this first,plano nyo po ba makipaghiwalay sa german husband mo or hiwalay na po kau?

aileen_24 wrote:

Good day!
My fiance' is a Deutscher (German, we've been together for more than a year and we are soon to get married.
I have a 4-yr old daughter from my filipino boyfriend before.
5 months after we got separated (we were not married) I have met my german fiance' and he loves us so much.

So after the marriage he is planning to make the papers of Legal Adoption of my daughter. Is there any possibility that the Germany Government would approve the papers?How long the process will it takes and do we need to change my daughter's surname (from his father) to my fiance's family name?
I hope guys you'll give me some ideas regarding this.
Thank You!


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.

aromic wrote:

#2  Today 13:00:14
aromic
New member

From: Shanghai
Registered: 2013-02-21
Posts: 1
Re: New to it all...
hello everyone,im pinay married in german guy,we married in the phils.now we have 2 kids and at the moment im pregnant for my 3rd baby.i only want to ask .becouse everytime my husband told me that were not legel married in germany only in the phils.and all my kids is german passport.do i have the right to take my kids with me if we seperate to my husband?even were not married in germany?were married for 3 yrs now.and i could get some support to my kids?becouse he said i cant take my kidsvwith me becouse were not married in germany and they are alll german passport.and also the money from the goverment gor my two kids he is he one who take that.but its ok for me.he also told me maybe i cant get visa in germany coz were living here now in china becouse of his work.i dont know.everytime i ask him he cant explain to me,becouse its difficult he said to explain.i remember when were in germany we go to here municpal we submit our documents including our marrage contract but until now they not have feed back to us.thank u all i hope that someone could explain to me this matter.thanks and god bless


Hi aromic!

I am confused with your story. We got married in the Philippines as well, and all we did is register our marriage in the local civil registry in Germany, by the time I came here, that is the first step for me to apply for my residence permit. I just submitted a copy of our marriage certificate, no need to have a second marriage here. We got my confirmation of registration the same day, I am confused with what your husband says. Why would it also be impossible for you to get a visa, you are married to a German man, and that is one of your benefits, to get a visa going to Germany (Family reunion visa if you and your family plans to live permanently in Germany), unless of course, your husband would not agree on it/ accomplish the documents needed from him. Regardless where you are living now, you can apply for visa to Germany. I also have a friend living there in Shanghai and is married to a German man, she never had any problem applying for visa. You have the right for your kids since you are the mother, there are institutes/ women's group here that can help you in case you have to face such problem, but pray that it won't happen, because as a foreigner, with limited knowledge of the German language, it would be a hard fight for you if it happens.

hi cyrilane
thanks u for the advice it will help a lot to me,becouse he said that  maybe i cant get visa in germany coz we live here in shanghai,they give me before 3 years visa,now itwill end this year.we also give all the documemnt they need.but when we go to there municipal one of the women there she not know what she will do.they asking a lot of documents to us but we already give them.i also have one son in my filipino boyfriend before but were not married.i only married to my german husband.i remember when we apply my visa in manila to phil german embassy,someone asking my husband if he will bring also my son in germany he said no.i dont know why he said that.i cant do anything becouse i love my husband so i have to follow what he said to them.and now we apply in germany for legally married in germany and they need the bc of my son.i really notknow what else they need.thank u

hi aileen
total preho nman tau pinay tagalugin ko n lng h,hehehe,ndi kmi hiwalay at wlang planu mkipaghiwalay asw ko skin,nagiicp lng kc ako kc plagi nia cnsv skin n ndi nman dw kmi kasal s germany kundi s phils lng which is true.kya laht ng papers nmin submitt n tlg lhat s german embassy s germany.until now wait kmi about s issue n yan pra mging legal kmi kasal s germany.tama c cyrilen n ndi n kingan magpkasal s germany as long n vnigay mo lhat ng documents n kilngan nila.ang tanung ko is khit ndi kmi kasal s germany my rights p dn b ako s mga anak ko ?kung halimbawa man n maghiwalay kmi .kc lahat ng kindergeld ng mga anak ko s accnt nia bumabagsak pero skin ok lng un kc pra un s education ng mga bta.ang hirap kc explain s english lahat eh.hehehe.s ngayn dto kmi nktira s china dhil s work nia.sbi ko s asw ko ung visa ko s germany mttpos n,sgot nia bk dw ndi n ako mkkuha ng visa dun dhil dto kmi nktira s china now.sbi ko nman ppnu ggwin ntin,ndi nia ako cngot.kya nguguluhan ako.kc ndi nia pinapaliwanag skin lhat.slamat and god bless

hi cyrilanne

According to my conversation with my german boyfriend, he is planning to process the papers in Germany. and yes someone told me that i have to apply also for change name of my child which is not so easy...

My boyfriend plans we get married first in germany then afterwards here in the Philippines.is it ok we get married twice?although not in same country.

hi aromic

oo nman 101% na may krapatan ka p rin sa mga anak mo lalo na at kasal kayo.kung gnyang tinatanong mo ung asawa mo and di nya sayo ma-explain maxado or let's say prang ayaw nya pag-usapan,the problem is in him.xe katulad po ng advice sayo ni cyrilanne,may punto tlga un.kausapin mo mabuti ung asawa mo. since kasal k n dun sa german man,u have all the rights pra makakuha ng visa to germany and u and with your kids pwede na kayo mag stay sa germany as long as you want.kasi un din po ung sabi sakin ng fiance' ko. pinag-uusapan tlga nmin na masinsinan,ng maayos.cnsabi nya sakin ung mga rights and benefits n pwede ko makuha once we get married.

hi aileen
everytime  n ask ko kc xa ndi nia dw maexplain skin kc mhirap dw kc explain s english,dhil ung english.pero mrunong nmn xa magslit ng english ang kasu kpag malalim n slita ndi n nia msbi skin,nbigyan nman ako ng visa nung 2009,3years visa,nag aral dn ako s makati s german school at nkpasa nman ako.ang mga ank nmin german passport n cla,naguguluhan lng kc ako bkit nsbi nia n bk ndi n ako mkkuha ng visa s grmany kc dto kmi now nkbase s shanghai.kya inicp ko ppnu ako koag magpunta kmi ulit germany,every year nman nag hoholiday kmi s germany.tpos mag stay kmi dto s shaghai for 4 years or more.and one thing ndi kc ako nagttnung s knya about s mkukuha ko s knya,alm mo nman tau mga pinay kpag mahal mo isang tao ndi mo kilanagn itanung kung anu anu db.kgy nga dn ng cnv ko sau dti n pti pera ng mga bta s accnt nia tlg bumabagsak ndi skin,pero skin wla un.slamat s advive aileen malaking help tlg ito skin kc wla ako mpagtanungan.god bless u and ur family

hi aromic..

tinanong ko now ung fiance' ko.pag sa philippines ka lng daw pla kasal dun sa german man hindi k prin pwede manirahan sa germany ptin ung mga anak mo kya dpat kasal kayo mismo sa germany if you want to live there together.kaya ung fiance' ko gusto nya ppkasal muna kmi sa Germany tapos d2 sa philippines pra pwede na ko manirahan dun sa bansa nila ksma anak ko

aileen_24 wrote:

hi cyrilanne

According to my conversation with my german boyfriend, he is planning to process the papers in Germany. and yes someone told me that i have to apply also for change name of my child which is not so easy...

My boyfriend plans we get married first in germany then afterwards here in the Philippines.is it ok we get married twice?although not in same country.


yes, it is possible to get married twice. it would also be easier to process the marriage in the Philippines since you already have the marriage certificate from Germany, it won't be so tedious anymore. :) regarding the adoption, I hope my friend will post here as well, since she knows everything about it because she also has a kid from her ex-bf.

aromic wrote:

hi aileen
total preho nman tau pinay tagalugin ko n lng h,hehehe,ndi kmi hiwalay at wlang planu mkipaghiwalay asw ko skin,nagiicp lng kc ako kc plagi nia cnsv skin n ndi nman dw kmi kasal s germany kundi s phils lng which is true.kya laht ng papers nmin submitt n tlg lhat s german embassy s germany.until now wait kmi about s issue n yan pra mging legal kmi kasal s germany.tama c cyrilen n ndi n kingan magpkasal s germany as long n vnigay mo lhat ng documents n kilngan nila.ang tanung ko is khit ndi kmi kasal s germany my rights p dn b ako s mga anak ko ?kung halimbawa man n maghiwalay kmi .kc lahat ng kindergeld ng mga anak ko s accnt nia bumabagsak pero skin ok lng un kc pra un s education ng mga bta.ang hirap kc explain s english lahat eh.hehehe.s ngayn dto kmi nktira s china dhil s work nia.sbi ko s asw ko ung visa ko s germany mttpos n,sgot nia bk dw ndi n ako mkkuha ng visa dun dhil dto kmi nktira s china now.sbi ko nman ppnu ggwin ntin,ndi nia ako cngot.kya nguguluhan ako.kc ndi nia pinapaliwanag skin lhat.slamat and god bless


hi aromic! ah, you have the visa for 3 years. maybe what he means is that you cannot enter Germany anymore with this visa, you have to apply for new  visa in Embassy there. Because there is this rule with this visa/ temporary residence permit that you must not leave Germany more than 6 months, if beyond 6 months, it is already considered invalid, hence you must apply for new visa in the Embassy. it would be easier for you nga this time, since you already have this residence number (found on your 3 years visa). I suggest that you call the embassy and ask there what you need to complete to get a visa since your 3 year visa will soon expire.

hi aileen
gnun b,bkit ung iba ko n classmate ko german school,kinasal dn cla s pinas,pero ndi n cla kinasal s germany,pinasa lng dw nila laht ng documents n need nila.kung halimbawa ndi n ko mkkuha ng visa aileen khit german passport n mga anak ko ndi p dn kmi puede mnirahan s germany or mga anak ko?at kung mangyari un my rights p dn b ako s asw ko like n suportahan nia kmi?

hi cyrilane,
yes,i have 3 years visa,but we will go in germany on august and he said we will go to clarify my visa if i could get again.i will do also ur advice to me cyrilanne,thank u so much guys,atleast now i know now what will i do.

Dear members,

Could we stick to English please?

Thanks
Armand

aromic wrote:

hi aileen
gnun b,bkit ung iba ko n classmate ko german school,kinasal dn cla s pinas,pero ndi n cla kinasal s germany,pinasa lng dw nila laht ng documents n need nila.kung halimbawa ndi n ko mkkuha ng visa aileen khit german passport n mga anak ko ndi p dn kmi puede mnirahan s germany or mga anak ko?at kung mangyari un my rights p dn b ako s asw ko like n suportahan nia kmi?


I mean here, she can get married twice, but not necessarily that the marriage is not valid here. It's their choice, we were married in the PH as well, and I just submitted a copy of our marriage certificate here, and then that's it, we're also officially married here in Germany.

hi cyrilanne,
we also submitt our marrage contract in germany,one time my husband and me go the municipal in there place,really it seems thatnthey not know what they will do.one lady said also that they not have experience to handle that issue before.and then they have to read a book to search what they will do.

aileen_24 wrote:

hi aromic..

tinanong ko now ung fiance' ko.pag sa philippines ka lng daw pla kasal dun sa german man hindi k prin pwede manirahan sa germany ptin ung mga anak mo kya dpat kasal kayo mismo sa germany if you want to live there together.kaya ung fiance' ko gusto nya ppkasal muna kmi sa Germany tapos d2 sa philippines pra pwede na ko manirahan dun sa bansa nila ksma anak ko


does he has any proof on this? because we got married in the Philippines and we did not have to get married here, nor my friends are. we just went to Rathaus and submitted our marriage certificate, some employees ask for it to be translated in German pa, but the other employee said, since it is in english already, no need for translation. that's why there is this family reunion visa, meaning, you are legally a wife of a German, and it is one of your benefits to join your husband in Germany. besides, it is not only the embassy that approves the visa application, the embassy sends all the documents to the city where your husband lives, and they send the approval back to German embassy where you applied for your visa. same for your kids, you apply for family reunion visa for your kids as well.

hi cyrilanne

I ask my german fiance' about that benefits or rights. he said that if you only get married in the Philippines,yes you can visit him but you cannot live together in Germany for long time. You have to get married in his country for you and your children be able to live together in Germany as long as you want and the children can avail the benefits and the rights that they should have according to their Laws.

That's why my fiance' wants us to get married first in Germany then afterwards we'll get married again here in the Philippines.

yes, it is possible to get married twice. it would also be easier to process the marriage in the Philippines since you already have the marriage certificate from Germany, it won't be so tedious anymore.  regarding the adoption, I hope my friend will post here as well, since she knows everything about it because she also has a kid from her ex-bf.

hi cyrilanne

thank you so much.I really hope that your friend will post here as well so that i could get more information and ideas regarding this adoption issue.
thanks again!

no aileen, you need to just register your marriage here, then there is this 3-year "trial period", hence the reason that the initial residence permit/ visa is only for 3 years, when you passed the B1 certificate, (if you still need to learn the language, the initial residence permit is only 1 year), after the 3 year trial period, you can already apply for unlimited residence permit or German pass... we did it here, my husband's Steuerklasse (tax) is already 3, which means, he is married and I am allowed to work here provided that my German proficiency is good enough for my employer.

hi aromic..

I will write it in english for the sake of others who are interested in this kind of forum. It doesn't matter if you are already based in China (based on my own opinion),if your husband really wants you to live with him in Germany he will do everything to make it happen right? Because the only solution for you to get a marriage visa to Germany is YOU SHOULD GET MARRIED IN GERMANY. Their Laws are laws,very strict according to my fiance' so you have to follow every inch of their rules and policies. It is really based on your husband.you can search on the internet regarding the marriage visa in Germany for further information.

no aileen, you need to just register your marriage here, then there is this 3-year "trial period", hence the reason that the initial residence permit/ visa is only for 3 years, when you passed the B1 certificate, (if you still need to learn the language, the initial residence permit is only 1 year), after the 3 year trial period, you can already apply for unlimited residence permit or German pass... we did it here, my husband's Steuerklasse (tax) is already 3, which means, he is married and I am allowed to work here provided that my German proficiency is good enough for my employer.

hi cyrilanne

hmmm...ok thank you so much for the info!

hello,

i am jessica filipina who has a 7 year old daughter who has her fathers last name,but not married with him and left us no support since birth.. now im soon to be married with my fiance and he is german, he would like me and my daughter stay with him and his family in germany. i would like to know that is it gonna be possible when we get married my daughter can stay aswell like me having the marriage visa or a family visa i dont know how it called in germany..

i hope you could help me, thank you so much in advance

You posted the exact same message elsewhere, and I replied there.

[Moderated: Avoid copy/paste on the forum.]

hi,tama pag kinasal ka jan sa pinas ok na yon dito sa germany..submit lng mga papers nyo dito na kinasal kayo sa pinas.kasi ganon din ginawa nong barkada ko pati anak nya sa pinoy nakuha rin nya dito..

Hi jenrolf,

Please post in English only on the Anglophone section of the  Germany forum for other members to read an participate. Thank you! :)

Regards,

David,

Expat-blog team.

Well if someone still needs that kind of information.

Your german bf/husband can adopt your child, and your child can stay with you in Germany.
The best advice I can give you, is to make all papers in Germany!. Since it may happen what german goverment won't recognize local papers from Philipina(This is probably what someone mentiond about marrying twice, it is because marrying in some countries outside of Europe won't be recognized by german govermend in Germany).
If you don't get marryage visa for Germany, you can apply for marryage or even maybe tourist visa for Denmark,and marry there. After it, you go to Germany, show them your marriage certificate and there is nothing what they can do about it, they have to recognize it as legal marryage.This is the most easiest way.

Hi Kungfuscticks 31

Thank you for your advised and for sharing your ideas. Sorry it's too late, I just read your message.
About the issue I have had posted here, well, now it's getting better. We just got married last November and
I am currently waiting for my visa and my daughter's... I can bring my daughter with me to Germany even without these papers of my husband's adoption because I wasn't married with my child's father before (I have consulted a lawyer about this issue). So, we will just process the legal adoption in Germany. Wish us luck!
Thanks again and God bless!

Dear Ladies and Gentlemen,


My name is Jemelyn Caringal, 24 , living in Müllheim, Germany.
I have a very important question regarding bringing my "illegitimate" child here in Germany.
I would like to bring my daughter, 5 years old, to live with me and study here in Germany. She is 100% filipino.
I never been together with her father since she was born. But now I am married to a German. The last name of my child is the same as mine, and in her birth certificate, the name of her father is not written.
I am wondering and not clear to me if I still need the consent of her father that I can bring her here in Germany. In the first place he never support my daughter financially since she was born. She is living together with my parents in the Philippines and I worked abroad for 3 years to give all her needs. Now I am living here in Germany since November 2013, and at the moment I work in a Supermarket and learn German language at the same time.

Is it required to submit an affidavit of consent signed by her father? even though he'S not on the birth document of my child?
I hope you can help me with my problem. Salamat po at GodBless You all.

Hello Po,

May I ask po regarding bringing your child to Germany,, we have quite the same situation po..

The last name of my daughter is the same as mine,, we are not married ang never been together after I gave birth. he didnt give any support eversince. what did the embassy requires for that? I met a filipina mom in the airport and we talked about this issue, she have a friend who also want to take her child here,but  they need the consent of the real father... my question is , what if the real father really never recognize the child ? and we couldnt search him anymore? and he is not written in the birth document?

Anyone please who could help me with my problem? Its not easy to be always in worry that i cant bring my child here with me =(

Hope to  hear from you..

If you have sole custody, you alone can decide what to do with your child.
What do the papers say about custody? If nothing, you will need to get relevant papers from your home country authorities.

As this is an English language forum, please refrain from posting in other languages, which our readers will not understand!

If the child's father was never named then for all legal purposes HE DOES NOT EVEN EXIST and accordingly you are the sole custodial parent, so you don't need anyone's permission to leave your country. You may require an order of the Court however, since the father is 'unknown'. It is not so much to satisfy the requirements of your home country, but rather to satisfy immigration requirements of your destination and/or any countries where you will have stopovers in along the way.

Cheers,
William James Woodward, EB Experts Team

Hallo!

You have same situation as mine. I have consulted a lawyer about that also and fortunately, no need an affidavit of consent of her father. When i applied for our (me & my daughter) visa, i still have with me the affidavit of consent with my sign and lawyer's sign only but the embassy didn't ask for it. So now we're still waiting for our visa.

Hallo!

You have same situation as mine. I have a 5-yr old daughter and her name is after her father but we've never been married before. Before i applied for our visa, this was also my worries and concern so i have had consulted a lawyer. I asked him about this one of the requirements of the embassy "The Certificate of Legal Custody". And what the lawyer told me was, i don't have to have this because this only applies for those whose marriage got annulled or divorced and since we we're not married, no need to comply with that requirement but i still filed an Affidavit of Consent with my sign and the lawyer as well. I brought that with me to the embassy during my interview but they didn't ask for it.
So now we're still waiting for our visa and hopefully before end of this month,we'll able to have this.

I hope this would help sis...Goodluck and Godbless!

Halllo!

Hm, tourist visa is quite complicated, lot of papers needed compared to family reunification , why not applying for family reunification since your already married( just saying).On the other hand family reunification you have to prove that u have basic skills, i mean German language skills at least A1 level (basic),one hindrance also is u have to have enough time to learn the german language and make sure to pass the exam :).  U can apply for tourist visa to Germany also. Anyway sender u can check the website( German Embassy - Manila)@ manila.diplo.de. Everything wer written there (procedures, forms, embassy contact nos. and etc.) Goodluck and God bless!

Hi good day to everyone. Am a filipino citizen and will marry soon with my german boyfriend here in shanghai parish church. The question is, is it gonna be valid in germany, I meant our wedding here in China? Thank you

A purely religious ceremony (church wedding) is not recognised in Germany. You should marry at the official Registry of Marriages of yor, his (difficult in Germany!), or any other country where this is legally possible (e.g. Denmark, Las Vegas, Singapore) and get the marriage certificate legalized by the German embassy of that country.