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Married foreigner registering a new born baby in Colombia

Question: Am I, as a foreigner and legally still married in my country of origin, allowed to register my new born baby together with the mother in Cali at the NOTARÃ?A or REGISTRADURÃ?A in Cali (not at the US Embassy) ? In other words: is a married man allowed to (co-)register his kid by Colombian Law, even if he's legally still married, not to the Colombian mother of the new born baby? I guess the kid then also gets to carry my last name. All answers would be much appreciated. Thanks.

By BushLawyer on Dec 5, 2007, 18:46 in Friendly Talkzone. AddThis Social Bookmark Button


vicshere says on Dec 5, 2007, 19:53:

married or not you are the father you are the father
so you can be registered as the father even if not married
registered you child at the US embassy and he/she can get their American papers without too much trouble
about last name not sure

listo

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BushLawyer says on Dec 5, 2007, 21:00:

Vicshere: Married, but not to the Colombian mother of the baby, mind you. Can I still register the baby? So does the child get to carry my last name by virtue of me registering her, or does that happen by virtue of me legally acknowledging her as my child, or is it all considered to be the same (to register = to legally acknowledge?). In other words: can a married guy register or acknowledge a kid that was not born to his legal wife? Thanks again.

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dwmte7 says on Dec 6, 2007, 06:03:

if you're a gringo and prove parentage, the child is eligible for status as "u.s. citizen, born abroad" need to do the registry at the u.s. embassy in bogota.

dwmte

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vicshere says on Dec 6, 2007, 06:05:

bush i said
"married or not you are the father"

listo

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BushLawyer says on Dec 6, 2007, 07:51:

Vicshere: Understood. I don't want to be bothersome, but I need to be absolutely clear on this: I take it that at the "Notaría" or the "Registraduría" in Cali they will allow me to register the child despite the fact that I'm legally still married to someone else not being the Colombian mother of the child? That, for me, is the main issue. Thanks again, to dwmte7 as well..

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Gator says on Dec 6, 2007, 07:57:

The name will be the same that on the birth certificate you must present, with other paperwork, at the consular section of the US Embassy.-Must notarized by a Colombian notary. You will need strong proof the child is yours,

However you can't apply for the mother to immigrate until a divorce from the first wife is complete. Also the child can NOT leave Colombia with out the written consent of the biological mother.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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william_andrew_channell says on Dec 6, 2007, 08:46:

It doesn't matter if you're married or not. You're the father of the baby. Who cares who you're married to?

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Gator says on Dec 6, 2007, 09:41:

The consulate will want proof you are the natural father. It does not matter if you are legally married as long as one of you is the biological parents is a U S Citizen. A child is born abroad to a U.S. citizen father and a non-U.S. citizen mother, and the parents were not married at the time of the birth: The child will qualify for citizenship if the father was present in the United States for at least five years, including two years after the age of 14, before the birth of the child. In addition, the father must either legitimate the child under Colombian law, or sign a statement in front of a notary public or consular officer in which he acknowledges paternity and promises to support the child until he/she is 18 years old. IIf all goes well you will be issued a Consular Report of Birth Abroad which you must have before a US Passport is issued.

You must In cases in which only one parent is a U.S. citizen, that parent submit evidence that you were present in the United States for the required amount of time, five years, prior to the birth of the child. Such evidence frequently takes the form of passports; tax records, including W-2 forms; pay statements or other evidence of employment; school transcripts; apartment leases; or annual Social Security statements. If no such evidence is available, the consular officer will advise you at the time of your application what alternatives you may have for proving your presence in the United States. You will also need:

Child's birth certificate - long form required: You must submit a certified copy of the child's Colombian birth certificate. Colombian authorities generally issue two types of birth certificates; you must present the long-form version. If you have not registered your child's birth in Colombia, you can do so at a Colombian notary's office.

Proof of parents' identity: Each parent must submit an original or copy of his/her government-issued identification, such as a driver's license or cedula, or the photo page of his/her passport. Both parents should accompany the child, since the consular officer will be better able to determine citizenship if he/she has the opportunity to interview both parents in person. If only one parent is present, the consular officer has the discretion, depending on the facts of the case, to withhold a determination of citizenship until he/she has an opportunity to interview both parents.

Proof of paternity/maternity. If the mother is not present at the interview expect a DNA test.The consular officer, at his/her discretion, may request additional documents or other evidence as necessary be for a determination is made.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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GregYohn says on Dec 6, 2007, 12:50:

Thank you for writing. Please see our website at http://bogota.usembassy.gov/birth_abroad2.html .

Sincerely,

Ronald Packowitz
Consul
American Citizen Services
U.S. Embassy
Bogotá, Colombia
ACSBogota at state.gov

12VOIP.com gives free calls to Colombia.Greg

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bufalo says on Dec 6, 2007, 14:10:

Father, husband married to whoever, living with whoever but kids with other people.

Welcome to Colombia, this is run-of-the-mill stuff here.

You're the father, that's the important part. I could give you all sorts of things to do, but Gator already did so read my post no more....

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

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BushLawyer says on Dec 6, 2007, 14:32:

See my edited post.

I don't mean to be tiresome, but: My main question is if, by Colombian Law, when registering the child at the NOTARIA or REGISTRADURIA (not at the US Embassy), as a married man (not married to the infant's mother) I'm allowed to register as the child's father. And would they require proof of my civil / marital status at the Notaria or Registraduria, or would they be okay with some form of I.D. like my foreign passport?

Any thoughts on this aspect of the issue?, would be most welcome.

Thanks again to all, including William, Gator, GregYohn and Bufalo.

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GregYohn says on Dec 6, 2007, 17:36:

Hola!

Got to Bogota or Barranquilla and get it done right!

12VOIP.com gives free calls to Colombia.Greg

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lpdiver says on Dec 6, 2007, 18:02:

What are the MOTHERS desires?

t

"cook some rice!"

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BushLawyer says on Dec 6, 2007, 18:40:

lpdriver: the mother obviously wants the father to register the child together with her, to insure among other things that the child carries the father's last name, not so much about the child support since that's all okay, including college fund etc.

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lpdiver says on Dec 6, 2007, 18:46:

It's not OBVIOUS from where I sit. But at least you are on the same page.

If she wants the child to "carry the fathers last name" all she has to do is put the father's name on the birth certificate. In reality the father cannot prevent it.

Since you brought it up...how is child support, college fund etc. all okay. Are the funds placed in an irrevokable trust already? If you die tonight is your CURRENT wife just gonna fork over all this money?

I didn't think so!

t

"cook some rice!"

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BushLawyer says on Dec 6, 2007, 18:51:

lpdriver: Sorry about the 'obvious' part. The college fund was done through an insurance program for which the mother signed up, that's paid for. The child support is arranged in my will should I kick the bucket before the child becomes of age. So, any ideas about how much paperwork the Notaria or Registraduria is going to require from me? Thanks

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lpdiver says on Dec 6, 2007, 19:02:

good planning on your part. I really don't know. But since you both seem to be on the same page I doubt it will be much. Make sure you register the birth as outlined by Gator above. I doubt that it will be a lot of money by US standards. Certainly not enough to worry about if you have already taken care of child support and education issues before the child is b

t

"cook some rice!"

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dwmte7 says on Dec 6, 2007, 19:09:

yo, bush lawyer.....do you organize such so called illigitimacies for the bush family and their off spring with non-spousal, significant others? just curious. the whole bush, inc dynasty never ceases to amaze me.

dwmte

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BushLawyer says on Dec 6, 2007, 19:16:

dwmte7: Not related to the bush dynasty, but i'm equally impressed (lol).
lpdriver: Thanks

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dwmte7 says on Dec 7, 2007, 06:01:

sorry b lawyer...just pullin your chain. no offence.
douglas

dwmte

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