Child born out of wedlock

[Tony_onrock]

Does any one know how to deal with a child born out of wedlock? How to establish paternity and give the child American citizenship? How about if the woman is married, but to some one else? Thanks. A friend of mine run into these questions.

[warpedbored]

Hmmm I seem to recall back in the 80s and 90s this issue coming up about the ilegitimate off spring of American service men in Vietnam. I assume the same would apply to China. I think all they would have to do would be provide DNA evidence that the American is the childs father. Perhaps King could expand on this a little.

[frank1538]

Does any one know how to deal with a child born out of wedlock?  How to establish paternity and give the child American citizenship?  How about if the woman is married, but to some one else? Thanks.  A friend of mine run into these questions.

183065[/snapback]

I suspect the rules vary from state to state. The birth certificate is usually the primary document to show paternity. If the father is not shown on the birth certificate, many states accept a Voluntary Acknowledgment of Paternity signed by the father. Absent that, it's usually a court action that is needed to establish paternity, possibly using DNA analysis.

 

Under current law, I think citizenship is automatic if the child is born in the US irrespective of the legitimacy of the birth.

[Tony_onrock]

It would be easy if things happen in the states. These are the complicatins:

(1) Child will be born in China

(2) the husband cannot know that some one else is trying to establish paternity unless their marriage falls apart after the birth of the child

So, the child is sort of going to be born in wedlock, but the wrong one. The father, from what I understand is only concerned about giving the child a better future and has no intention of breaking up the mother's marriage or his own.

[Guest knloregon]

Carl is right, King is the best person to answer this question, Tony, but having been throught two adoptions in China, I have a feel for what State will look for in this mess..

 

If I understand right, the birth father will not contest the child's coming to America, so if he signs off officially to a legal adoption by the adoption father, married to the mother there should be no problem with State. The Gov. of China doesn't really care, but the US State Dept. has a track record for some time now in attempting to stem the flow of foreign children to America which are not --- A: certifibly abandoned by their birh parents, or B: Where it has not been proven that both parents, if known, agree to an adoption by an American national(s)

[Tony_onrock]

Well, thanks for the answers. I will revisit the issue when the baby is born. The citizen is the birth father, but not the legal father. It may be a paternity/custody contest or a paternity establishment if the mother's marriage breaks up when the husband discovers that the child is not his. What a mess! Told my friend not to get involved in such messy situations and he would not listen.