# Citizenship & Children Born In PI



## Maxx62 (Dec 31, 2013)

I'm sure that this has probably been covered before, but I can't seem to find a clear answer anywhere. If a child born in the Philippines has a parent that is a US citizen, is that child considered to be a citizen of the Philippines, the US, or a dual citizen?

Would a child born in the Philippines, to a US parent, be able to inherit property from Filipino grandparents?


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## PogiBaby (Apr 2, 2014)

The child should be able to be a dual citizen as long as the parents are citizens of each country. For example, my son was born in the US, but my husband is a Philippines citizen and I am an American citizen. He currently is only a US citizen because we havn't done the process to register him with the Philippines, but if we wanted we could. It is a pain in the butt, though, because my husband and I didn't register our marriage or our sons birth with the Philippine consulate in San Francisco when it happened. We would be required to send official certified copies of our marriage license and our sons birth certificate to the consulate. They would make sure that these documents really are real by checking with the federal government (both are certified only by the county or the state when purchased). The the events are registered with the Philippine government. From there we could request a Philippine passport for my son, I believe. There is probably more that would have to be done, but those are the basic steps. It can take a lot of time. Now that we are here in the Philippines, it would be much harder to do. We talked to a contact at immigration when we first arrived (he's the head of immigration) and he basically said that everything has to be done through San Francisco because that is our consulate and that all the documents I brought are pretty much useless because even though their website says certified documents, it doesn't say certified by the federal government. Seriously.. he thinks we have to fly to San Francisco from here to get this done.. does he think I am made of money? The answer of course is yes, because I'm white ;-)


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## jon1 (Mar 18, 2012)

Maxx62 said:


> I'm sure that this has probably been covered before, but I can't seem to find a clear answer anywhere. If a child born in the Philippines has a parent that is a US citizen, is that child considered to be a citizen of the Philippines, the US, or a dual citizen?
> 
> Would a child born in the Philippines, to a US parent, be able to inherit property from Filipino grandparents?


Short answer = yes

To get US citizenship, the US parent must petition for this at the US embassy. You will need to bring the NSO Copy of the birth certificate, your passport and whatever else documentation is required that is listed on their web site Consular Report of Birth Abroad and Derivative Citizenship | Embassy of the United States Manila, Philippines. The State Department has taken their Visa Interview scheduling offline and now it has to be done via mail?? See attached for info on that

Also, if there is any doubt in the Consular Officer's mind of the child's lineage, they may require a DNA test (kit ordered from the US) that the petitioner has to pay for (several hundred dollars I believe) along with scheduling the sample taking at a US Embassy prescribed location/doctor.


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## HondaGuy (Aug 6, 2012)

jon1 has it. My kids have both US and Philippine passports. You have to get their official NSO birth certificate, plus all the other paperwork the US Embassy wants (there is a list on the embassy website) and apply for an appointment at US Citizen Services. When I applied before, it was all done online. Sorry, dont have any info on the new "mail-in" appointment procedures. I would highly recommend you apply for the kids US passport at the same time.

Since you have an appointment, you dont have to stand in that long ass line in front of the embassy. Mom and dad and the kid go straight to the front of the line and show them the embassy confirmation letter and your passport and you go right in. A filipina working at the embassy goes through your paperwork and makes sure you have everything (and I mean EVERYTHING, including pre-natal records with ultrasound pictures, etc). If you're missing something they will make you come back at a different time, so triple check that you have everything they ask for.

After they confirm you have all your paperwork, you have an interview with the American consular officer who makes you swear to tell the truth, then he takes a look at the kid and talks to you about your situation (married, unmarried, living in the PI, etc). If the parents are unmarried, there is a 99% chance they will have you do a DNA test.

I recall there being a list of approved DNA labs in the US; you call one of them up and order 2x DNA kits (one for you, one for the kid). When I did mine in 2011 the cost was ~$750 for the 2x kits and the test. The lab sends the kits to the Embassy via Fedex and when the Embassy receives it, they call you and schedule a swab test at the St Lukes Extension. Take the kid to the St Lukes extension, meet the American consular officer there who opens the test kits, hands them to the nurse, the nurse swabs the kid and the dad, gives the samples back to the consular officer who seals them up, takes them back to the Embassy and sends them via Fedex back to the US Lab you ordered the kits from.

After a month or so you get the results. If everything is kosher, the embassy will notify you and the Certificate of Report of Birth Abroad and US Passport will be delivered to you (if in Manila) via courier. Air 21 or 2GO, whichever one has the contract that year.

Caveats: If you were married to the kids mom when the kid was conceived (and they WILL do the math) then you may not have to do the DNA test. Also, if you both were living outside the Philippines when the kid was conceived, you may not have to do the DNA test.

FYI, jon1 and I both know a guy whose kid "failed" the DNA test, so yes, it can happen.

If you have any other questions about the process, feel free to ask.


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## simonsays (Feb 11, 2009)

by Philippine law children take the citizenship of the Mother!!! 

dual citizenship applies only if the father's country allows dual citizenship .. some allow till the age of 21 some don't ...

interesting to know the DNA part... I saw the rear of the birth certificate has declarations and affidavits ... to be filled ... now I know why ... :evil:


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## Gary D (Oct 28, 2013)

ecureilx said:


> by Philippine law children take the citizenship of the Mother!!!
> 
> dual citizenship applies only if the father's country allows dual citizenship .. some allow till the age of 21 some don't ...
> 
> interesting to know the DNA part... I saw the rear of the birth certificate has declarations and affidavits ... to be filled ... now I know why ... :evil:


In most countries in the world citizenship is devired from one, either or both parents. The US is one of only a handfull of countries where citizenship is based on where you are born.


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## Maxx62 (Dec 31, 2013)

ecureilx said:


> by Philippine law children take the citizenship of the Mother!!!
> 
> dual citizenship applies only if the father's country allows dual citizenship .. some allow till the age of 21 some don't ...
> 
> interesting to know the DNA part... I saw the rear of the birth certificate has declarations and affidavits ... to be filled ... now I know why ... :evil:


Don't mean to beat a dead horse here, but I just want to make certain I have a grip on things. For example, if the father were a Filipino, and the mother were a foreigner, then in the eyes of the Philippine government the child would be a citizen of the mother's country, and not the Philippines? Just want to make sure I understand clearly.


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## simonsays (Feb 11, 2009)

from what I know Philippines follows maternal citizenship ...

I don't know how it will pan out in your example ...

as a foreign woman giving birth in Philippines ... means embassy of the mother involved to issue birthday certificate etc ... 

I am curious but not overtly worried about your scenario


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## Maxx62 (Dec 31, 2013)

ecureilx said:


> from what I know Philippines follows maternal citizenship ...
> 
> I don't know how it will pan out in your example ...
> 
> ...


The scenario I'm asking about actually involves a foreigner and a Filipina. (Unfortunately the child was born out of wedlock, and the father returned to US, and then passed away.) However, I just wanted to make sure I was understanding the point regarding citizenship following the mother's line.


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## Asian Spirit (Mar 1, 2010)

Maxx62 said:


> The scenario I'm asking about actually involves a foreigner and a Filipina. (Unfortunately the child was born out of wedlock, and the father returned to US, and then passed away.) However, I just wanted to make sure I was understanding the point regarding citizenship following the mother's line.


Maxx

The forum is great for a lot of stuff. But if an absolute, legal answer is needed or required, the best place to get info (if the father was American) is the US embassy. In fact whatever the nationality of the father, the fathers embassy is the place to visit or contact. Otherwise advice given here, no matter how well intended can be faulty  ..


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## simonsays (Feb 11, 2009)

a little snippet .. a lot of Singaporean / Malaysians I know, married to Filipinos, despite the high cost in SG/MY vs Ph, insist and have delivered their children in the father's country .. and all had the same answer 

if the baby is born in Philippines, since the mother is a Filipino, the baby is a Filipino citizen by birth, by Philippine Law, and the father has to do reverse paperwork for the child to be recognized as a Citizen of SG or MY, but the paperwork *isn't *so painful, but the child holds dual citizenship till 21, as until then the child can't renounce the other citizenship

Especially for Singapore, as Singapore is strict in ensuring male citizens going to Army service, and that has to be decided by 16, as by 16, the child is considered to have agreed to serve the army, failure to do that will entail severe penalties for the parents as well as the kid.

Just make the child a Singaporean or Malaysian by delivering in the father's country, there is no question of PH passport getting mixed up

Other than US, I believe HK also awards citizenship by place of birth, I may be wrong though ..


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