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German Law/filipina still married to filipino ex-husband and expecting a baby from a german boyfriend


Good day!

I have applied a family reunion visa to germany because my german boyfriend and I are expecting a baby. But I was denied by the German embassy because I am still married. My annulment is still on process at the moment. In giving birth here in the Philippines how can I register my baby in german embassy to gain german citizenship? Is there any other way so we could be all together and live in germany even if my annulment has not yet been granted?

Because you and the father of the baby are not married, you need to establish legal paternity.

I don't know about the law of the Philippines, but German law assumes that your husband is the father of your child. If you want your boyfriend to be recognized as the legal father, the husband's paternity would need to be contested in court and the boyfriend would then need to accept legal paternity.

Only once this process is completed, then you can go to the German Embassy to have your child registered as a German citizen (based on having a German father).

In my mind, this has nothing to do with the annulment, as long as Philippine law allows the husband to contest paternity before an annulment is granted. I don't know the grounds brought forth in the annulment proceeding, but you being pregnant from your boyfriend might even make the annulment easier.

Once your child will have a German passport, he/she can travel Germany anytime of course. You could then get a residence permit as the mother based on 28 I AufenthG. You do not need to get married with your boyfriend in order for this.

All the best!

Andreas Moser

German Law

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Andreas Moser


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.


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.


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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