You are in love with a Filipina, your baby is born, but you are not married yet? What can you, what should you do?
Report of Manni from Hamburg (Thanks, Manni!) (4. 4. 2005)
Every child where one of the parents is German, is German as well according to the German law and is entitled to a German Passport. This means the child can leave the Philippines easily and will not have any problems entering Germany. This means furthermore that the mother of the child based on the law of family reunion is entitled to receive a visa for the family reunion, and in Germany to get a residence permit from the respective Alien Office. The parents need not to be married, and there is no marriage required. See §23 Ausl.G: "ist ein Elternteil eines deutschen Minderjährigen ausländischer Staatsbürger , so ist dem ausländischen Elternteil eine Aufenthaltsberechtigung ( in der Regel für mind. 3 Jahre ) zu erteilen." (Translated: does one of the parents of a child own a foreign citizenship, this person has the right to receive a residence permit for at least 3 years.)
Subsequently or in parallel the fatherhood
has to be registered properly in the Philippines as well. The fathjer
has to make a corresponding affidavit, which will be registered in the
NSO. Consequently the child will get a new birth certificate with
both parents registered.
Everything clear? But, there is a slight problem: The German Embassy often believes that this fatherhood acknowledgement is just a trick to find an easy way for the baby and the mother to get a visa for Germany, and rejects the German passport. This decision is against the law, and in such a case you need to complain to the German Embassy. Furthermore it is not required to prove the fatherhood via any blood or DNA tests, The official affidavit is all which is required.