Single father custody issue in China - No mother in birth certificate

[Sunway0008]

I'm not an expert on this, but in parallel I'd consult with a lawyer who may be able to suggest something. I don't know what exactly - but eg a legal opinion stating that if there is no mother on the birth certificate, that you are by law the only parent, and any biological mother (if ever surfaces) would have no parental rights. And no bar on leaving the country with the child (as you are the only parent).

An opinion like this in context of the comments above (eg that a birth certificate without a mother is rare but occurs due to social pressures, or something like that).

That may not be better than the other options you're pursuing, but useful if those do not bear fruit.

I don't know what kind of lawyer would handle this. Probably someone who handles adoptions and perhaps has handled international adoptions.

Hi thank for your advice.

I have consulted several lawyers in China: blood relationship is regarded by court the most important factor for parentship. Normally, both bio-parents get custody right of the child automatically, regardless missing parent info on birth certficiate (as long as you can prove blood relation with the child). Besides, the best intestest of the child is considered. If one parent abuses the child, gets drug addicted or mentally disabled etc., the court will deprive the custody right, and give it to the other parent, but only in some extreme cases.

So based on Chinese law, the bio-mother should have the custody right. I know it's the best to get the birth certificate corrected with the bio-mother, but in reality it seems it's impossible.

If I can get the real name and ID number of the bio-mother, I guess I could go to court and get a court decree clearly stating the custodians of the child? Then I can get the signature from the mother.

 

[canuck78]

I'm not an expert on this, but in parallel I'd consult with a lawyer who may be able to suggest something. I don't know what exactly - but eg a legal opinion stating that if there is no mother on the birth certificate, that you are by law the only parent, and any biological mother (if ever surfaces) would have no parental rights. And no bar on leaving the country with the child (as you are the only parent).

An opinion like this in context of the comments above (eg that a birth certificate without a mother is rare but occurs due to social pressures, or something like that).

That may not be better than the other options you're pursuing, but useful if those do not bear fruit.

I don't know what kind of lawyer would handle this. Probably someone who handles adoptions and perhaps has handled international adoptions.

Just because the mother isn’t on the birth certificate doesn't mean she has given up her parental rights for ever. If she wanted to they could do a DNA test and fight to be put on the birth certificate. It doesn’t appear that this is what she wants.

 

[canuck78]

Hi thank for your advice.

I have consulted several lawyers in China: blood relationship is regarded by court the most important factor for parentship. Normally, both bio-parents get custody right of the child automatically, regardless missing parent info on birth certficiate (as long as you can prove blood relation with the child). Besides, the best intestest of the child is considered. If one parent abuses the child, gets drug addicted or mentally disabled etc., the court will deprive the custody right, and give it to the other parent, but only in some extreme cases.

So based on Chinese law, the bio-mother should have the custody right. I know it's the best to get the birth certificate corrected with the bio-mother, but in reality it seems it's impossible.

If I can get the real name and ID number of the bio-mother, I guess I could go to court and get a court decree clearly stating the custodians of the child? Then I can get the signature from the mother.

I would be working with a Chinese lawyer and a Canadian immigration lawyer. I would approach the woman by indicating that you wish her well and understand that she doesn’t want any involvement with the baby and wants her privacy protected. You have no intention of telling anyone that she had a child. You can let her know that you got divorced and are trying to immigrate to Canada just you and your child and need her permission. I would then ask her if there was any way she would be willing to go to a lawyer’s office or whatever office if it can be done discreetly. If she has to take time off of work you can suggest that you can provide compensation for any time off. You can ask if she would like to see the baby but if she doesn’t you will make sure the baby is left at home and she will not see the baby. You wouldn’t have contacted her if it wasn’t required by the Canadian government and you are not trying to interfere in her life or cause her any pain. I would work with the Canadian lawyer to figure out what needs to get done in order for the PR application to be considered complete and then work with your Chinese attorney to figure out how to address any obstacles in China. My suggestion would be to start talking to a Canadian lawyer first.

Would also contact the biological mother and tell her to take some time to digest the message and contact you when she is ready. Stress that you are just trying to provide the child with the best opportunities. You recognize that she has already made a lot of caring decisions and sacrifices for this child so you are hopeful that she will consider what is the best for the child again as long as you protect her privacy.

 

[armoured]

Hi thank for your advice.

I have consulted several lawyers in China: blood relationship is regarded by court the most important factor for parentship. Normally, both bio-parents get custody right of the child automatically, regardless missing parent info on birth certficiate (as long as you can prove blood relation with the child). Besides, the best intestest of the child is considered. If one parent abuses the child, gets drug addicted or mentally disabled etc., the court will deprive the custody right, and give it to the other parent, but only in some extreme cases.

So based on Chinese law, the bio-mother should have the custody right. I know it's the best to get the birth certificate corrected with the bio-mother, but in reality it seems it's impossible.

If I can get the real name and ID number of the bio-mother, I guess I could go to court and get a court decree clearly stating the custodians of the child? Then I can get the signature from the mother.

Ah, then what I suggested will definitely not work. I'll echo others, you'll have to see what is possible by law, but I'd expect that IRCC will be extremely cautious about this until there is firmer documentation that the mother has given up her parental rights (voluntarily) or had them denied/revoked by the court.