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The Middle Name

Discussion in 'Expat Section' started by eskirvin, Mar 15, 2021.

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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    As far as I know, she needs to have her birth reported to get the overseas equivalent of a birth certificate in order for her to get a passport. The report of birth is her first step to become a citizen. She's already a citizen of the United States, but her mother and I want her to be able to inherit and own land in the Philippines.
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Making this adherence to a certain middle name even more comical, article 379 of the Civil Code states as follows: "The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped."

    Accordingly, you could name your next child anything you wished, but the middle name might be disputed.
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Oh gosh how I'd love to, but apparently her birth needs to be reported in the country she was born in. Certainly something to look into though. For now, I plan to wait until after my wife gets her US greencard, then print two copies of the relevant laws and go back to the embassy to have a conversation.
     
  4. Jens K

    Jens K DI Senior Member

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    That’s really interesting. I can say that in the family of my sons mom that rule was strictly adhered to, and so I didn’t see a reason to argue about that or question that practice back then.

    his Filipino passport has her maiden name plus my last name. German embassy however didn’t like him carrying my last name since I’m not married to his mom. By German law the child gets the mothers name in that case. So there he just has his mother’s name as single last name.

    What if you would treat the middle name as a second first name and just let them put their Filipino middle name in their Filipino forms? So far we haven’t had any problems with our kid having slightly different names in the two passports- rarely ever you present both passports side by side.

    After the weird encounter with the consul I’d however understand if you want to push this further out of principle :wink:
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    Yes, that's basically where I'm at. I am already guessing I'll have to fold at some point, but until I'm done exhausting any other means, I'll continue my quest for justice.
     
  6. Edward K

    Edward K DI Senior Member Veteran Navy

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    Sounds typical. I know a Filipino who moved back 10 yrs ago. In trying to regain citizenship, he has been asked for over a dozen documents. The joke (ha-ha) is that the Bureau of Immigration will ask for a document, then when it is submitted, will THEN say another document is required (grandfather's death certificate?). All because in his first meeting in Manila, 7 years ago, he refused to pay the clerk's friend to "expedite" things. The most corrupt, inept, bureaucracy i have ever heard about. I have very little respect remaining for this government, and voters will do nothing about it. So far, the only decent bureau is PRA.
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    I haven't had what I'd consider a good experience yet. They started off by barring my then girlfriend's exit from the country after we'd already bought tickets and booked hotels, all in her name. They said that was to prevent trafficking. She's 28...when are you an adult in the Philippines?
     
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  8. you_have_been_removed

    you_have_been_removed DI Member

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    If you don't intend on travelling back to the Philippines before going to America, best just wait and do it there, you are on a loser going back to that Embassy confronting them with any documentation no matter how correct you are, but be sure you get the passport before entering the Philippines as even though your child's mother is Filipino your child is not until they have the passport and will be subject to the same fees and courtesies as yourself when you return to the phils (as i found out to my big cost)
     
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    eskirvin

    eskirvin DI Member Blood Donor Veteran Navy

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    I think you're right that I'll "lose" the fight, but a fight for what's right can't be bypassed just because of a risk of failure. I'll have to hope that these personnel at the embassy see the error of their ways and allow the name to continue as it should. I can't do it in America, seemingly, because you need to do it in the country in which the birth occurs. The law does allow for "damages" in the event it isn't followed, so perhaps a potential waste of time on a case will make them stop wasting my time.
     
  10. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

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    I double checked with my wife.
    My post was incorrect. The maiden name of granddaughters Mom does appear in the birth certificate.
     
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