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Mexican Law/Register my Daughter in Mexico

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Question
Hello,

I am an American citizen and I had my daughter in the United States. I live in Guadalajara, Mexico with my fiance who is a Mexican citizen. His name is not on my daughter's birth certificate since he could not be present when she was born because he doesn't have a Visa or anything to enter the U.S. Right now we are trying to give our daughter both nationalities so that she can be registered here in Mexico. I went to a Registro Civil and one woman there told me that we can't register her because my husband's name isn't on the birth certificate but he does recognize her as his daughter. She told me we have to go to the U.S. for him to sign her birth certificate. How are we even supposed to do that if he can't go to the U.S.? I was wondering if the woman gave us incorrect information and if there is a way for him to recognize her to be able to give her double nationality. Thank you!

Answer
Dear Jennifer,

The woman in the Registro Civil does not understand the distinction between US and Mexican Birth Certificates. In the US, the mother and father normally do not sign the birth certificate as they do in Mexico. In the US, the birth certificate is normally signed by a hospital employee or a doctor.

Because the father is not listed on the US birth certificate, I can think of two solutions. One is through adoption and the other is through a paternity suit. I think the paternity suit solution would probably be the easiest route.

So, what you do is initiate a paternity suit against the father. In answering the "demanda", of course he will confess. The judge will then recognize the father-daughter relationship and order the registro Civil to register the birth listing your fiance/husband as the father.

Hope this helps...

Lic. John Lee Ward
Córdoba, Veracruz

Mexican Law

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John Lee Ward

Expertise

I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.

Experience

Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Education/Credentials
Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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