Complicated case - spouse without father

[Gemini020]

Ok, the rules might be different in our countries and I'm not going to argue anymore. A quick Google search helped to word what I tried to say: http://definitions.uslegal.com/l/legal-father/
http://www.legalmatch.com/law-library/article/fathers-rights---effect-of-name-on-birth-certificate.html
http://resources.lawinfo.com/family-law/south-dakota/what-is-the-difference-between-a-legal-father.html

I would suggest them to consult a lawyer or something. Entering "unknown" or a different man as a father than who is on the birth certificate is going to create confusion for sure.

 

[keesio]

Note that in the url you referenced, the first bullet ("if he was married to the child's natural mother when the child was born") must apply. For the other bullets, one OR the other can apply. In the OPs case, I assume his uncle was not married to his mother when he was born.

In any case, the OP should seek some advice - maybe even just call up CIC and ask them. I think it can be explained in a well written letter.

 

[ldzawa]

NO. They (mother) basically lied and had the uncle's name on the birth certificate. So that birth certificate is actually an invalid one. You can't just put false information on a legal document and then claim that it is true. Otherwise anyone can put anything on a document and say it is legally binding. This will definitely NOT fly with CIC.

So I'm now wondering, will CIC reject my spouse's birth certificate and will this screw up our entire application?
My exact concern is, by putting this story on paper will jeopardize all of my spouse's Indian documents and pretty much destroy our application.

The thing is, my husband comes from a remote region of Indian where people don't bother much with documents until within the last decade. Even to this day, most people don't have a need for registering marriages or births unless required later on.
He never had a birth certificate and only recently had one made for his passport application. And obviously, the details on his birth certificate were filled out according to other official documents he had (e.g., driver's license, school mark sheets and degrees). Also, at least from what I know in this region, all documents have to indicate one's father (e.g., Tommy S/O Bob or Julie D/O Paul) so pretty much the immediate family had no choice but to put someone down and his uncle is his foster father (although not legally but in this region, legality doesn't work the way it does in developed countries).

If I know for sure his birth certificate issue won't fly with CIC so what should I do?

 

[screech339]

ldzawa: this uncle that is listed on your husband's birth certificate. Is it the brother of his biological father or the brother of his mother? I'm asking since you said the spouse's family didn't want anything to do with the biological father's family.

 

[ldzawa]

The uncle is his mother's elder sister's husband.
His mother's elder sister and her husband raised him from the time he was born until he turned 16.

 

[canuck_in_uk]

So I'm now wondering, will CIC reject my spouse's birth certificate and will this screw up our entire application?

If I know for sure his birth certificate issue won't fly with CIC so what should I do?

Just explain the situation as you have here and get the statement from his mother. There is nothing else you can do. If, and that's a big if, CIC has an issue with it, they will request further clarification.

 

[ldzawa]

Right, thanks so much everyone!

We'll get a notarized affidavit from his biological mother as well as his foster father, and hope for the best ;D

 

[ldzawa]

One more question, should I submit the ORIGINAL notarized affidavits or would a photocopy suffice?

I haven't seen any hard and fast rule regarding this but I'd prefer to submit a photocopy in case we need to use the affidavits later on, since we aren't gonna get any of the documents back from CIC.

 

[canuck_in_uk]

One more question, should I submit the ORIGINAL notarized affidavits or would a photocopy suffice?

I haven't seen any hard and fast rule regarding this but I'd prefer to submit a photocopy in case we need to use the affidavits later on, since we aren't gonna get any of the documents back from CIC.

You need to submit the original. A photocopy of an affadavit is basically worthless.