Baby born outside of Canada

[Kaibigan]

Hi, thanks for your response. Yes, I legally adopted her but in the country we live, not in Canada. I think that the fact that I am her legal father and my name is on her birth certificate should actually carry more weight

You might be putting too much store in being the "legal father". I think there is more to paternity than getting one's name on a birth certificate.

I have a friend from the U.S. who met a woman while he was visiting the Philippines. When they met, she was already pregnant as the result of a short-lived relationship with a Filipino. My friend attended and paid for the birth and all involved at the time saw it as the right thing to do to say that he was the father on the bc.

The story of my friend dates back 20 years, but things are probably no different now. In time, he brought his Phils gf to the US on a fiancee visa and they were married. I know longer recall the details of how or why it came up, but the issue of actual paternity DID come up and the thing turned into quite a mess. Lawyers got involved and he had to be removed from the bc. He eventually got the child into the US and the child became a citizen, but the whole bc debacle overshadowed things for awhile.

I was going to contact my U.S. friend, with whom I remain in contact, and ask him just how the misrepresentation (and that's what it was....a lie) came up and how it went. Your post of a few minutes ago has removed the need for that. You say you adopted the girl last year when she was 20. The obvious question is this: why would you (and how could you) adopt someone in respect of whom you were already the "legal father"? To me, it makes no sense. What it tells me (and probably the IRCC), is that what appeared on the bc was a fiction.

Finally, if not plain already, it seems that the adoption you undertook puts the lie to what is stated in the bc and undermines any reliance upon that document. Or am I wrong in that?

 

[Tee Cabarete]

You might be putting too much store in being the "legal father". I think there is more to paternity than getting one's name on a birth certificate.

I have a friend from the U.S. who met a woman while he was visiting the Philippines. When they met, she was already pregnant as the result of a short-lived relationship with a Filipino. My friend attended and paid for the birth and all involved at the time saw it as the right thing to do to say that he was the father on the bc.

The story of my friend dates back 20 years, but things are probably no different now. In time, he brought his Phils gf to the US on a fiancee visa and they were married. I know longer recall the details of how or why it came up, but the issue of actual paternity DID come up and the thing turned into quite a mess. Lawyers got involved and he had to be removed from the bc. He eventually got the child into the US and the child became a citizen, but the whole bc debacle overshadowed things for awhile.

I was going to contact my U.S. friend, with whom I remain in contact, and ask him just how the misrepresentation (and that's what it was....a lie) came up and how it went. Your post of a few minutes ago has removed the need for that. You say you adopted the girl last year when she was 20. The obvious question is this: why would you (and how could you) adopt someone in respect of whom you were already the "legal father"? To me, it makes no sense. What it tells me (and probably the IRCC), is that what appeared on the bc was a fiction.

Once the original death certificate for the father was found by the family member and accepted by the government then they added my name as the legal father to the birth certificate. Once this was completed then I applied and received the adoption. As mentioned in my previous post, none of this was possible due to the fact that the death of the biological father was not registered due to the missing death certificate. I have been the father of my daughter since she was a baby and despite numerous attempts nothing could be done until last year.

 

[Kaibigan]

Once the original death certificate for the father was found by the family member and accepted by the government then they added my name as the legal father to the birth certificate. Once this was completed then I applied and received the adoption. As mentioned in my previous post, none of this was possible due to the fact that the death of the biological father was not registered due to the missing death certificate. I have been the father of my daughter since she was a baby and despite numerous attempts nothing could be done until last year.

So, will the IRCC see it that the adoption has retroactively cured any defect in the bc?

And what of @scylla's comment about need to adopt before age 18? Does the belated adoption cure all of that? I would not think so, but I cannot speak for IRCC.

 

[scylla]

Once the original death certificate for the father was found by the family member and accepted by the government then they added my name as the legal father to the birth certificate. Once this was completed then I applied and received the adoption. As mentioned in my previous post, none of this was possible due to the fact that the death of the biological father was not registered due to the missing death certificate. I have been the father of my daughter since she was a baby and despite numerous attempts nothing could be done until last year.

So you didn't legally adopt her until last year? I would speak with a Canadian immigration lawyer. This sounds a bit messy to me given the birth certificate and everything. You don't want to represent yourself as her biological father since IRCC will sometimes request DNA tests.