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German Law/child in Philippines

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QUESTION: before anything else I would like to say hi....
my name is milogen i'm Filipina living in Philippines with my daughter her father is german.i would like to know what should I do to get a german cetizinship for my baby.my partner and I have try to find ways searching in internet before we go to embassy to prepare papers that we need.but its so defficult because we have find a lot about what papers do we need,and what we need to do step by step before we get visa...

I need to know what to do first step by step to get german cetizinship for my baby and to get visa...

please help me to understand everything about this its a big help for me and my family if you answer....

hoping you help us

ANSWER: Hello Milogen,

if the baby's father is German, the child automatically acquired German citizenship by birth. You therefore do not need to apply for German citizenship, let alone for a visa.

You will only need to have legal paternity established and then you can get a German passport for your child with the birth certificate. If you were married to the father when the child was born, legal paternity should be automatic. If not, he can either acknowledge paternity voluntarily or you can sue him and the court will determine paternity, possibly after performing a DNA test.

For more on German citizenship law, please see my FAQ and my infographic:
- http://andreasmoser.wordpress.com/2010/12/29/faq-citizenship-law-in-germany/
- http://andreasmoser.wordpress.com/2013/10/05/infographic-german-citizenship/

All the best!

Andreas Moser

---------- FOLLOW-UP ----------

QUESTION: what should we do if its late regestration?my baby is almost 5 months old now...and my partner have read in internet that we need to get some papers first like babys birth certificate from me,the father and our baby..also i.d cards from us...and more.

i just want to know whats the right papers should we prepare before we go to german embassy here in philippines before he go to judgendamt in germany...or he need to fill up first the paper from judgendamt before we go to embassy?

its really difficult for me and for him to understand everything his not very good in english and i don't know how to speak german language..because he raid it all by german words.
hope you help

more power to you
milogen

Answer
Don't worry, you are not late at all.

If you and the father are not married, he needs to sign an affidavit of paternity ("Vaterschaftsanerkenntnis") at the "Jugendamt" (if he is in Germany) or at the German Embassy (if he is in the Philippines).
This establishes legal paternity, which is the first thing that needs to be done.

With that, your baby will be a German citizen. With the affidavit of paternity and the birth certificates and passports (or passport copy if the father is in Germany), you can then apply for a German passport for your baby.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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