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Status of Child after Annulment - Remarriage to Canadian and Sponsorship

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GodSend


Arresto Menor
Hi Guys, question here.

My Pinoy girlfriend Married into a Civil marriage very young (10 years ago, she was 19). The marriage produced a single child almost right away. The birth certificate indicates Marriage and the childs surname is that of the father. The father split soon after.

Fastforward to today, and she is beginning the annulment process. As I understand the typical "psychological
incapacity" will be presented to the court. If I am correct, this will result in the child being of LEGITIMATE (although please correct me if I am wrong).

So given the above..

A) What role does this play in her subsequent remarriage to me (A Canadian).

B) What additional steps we will need to take with regards to Filipeano law that will allow her child to be sponsored (come to Canada) with her.

If the Child is indeed illegitimate, how do the answers to the above change. Once a Marriage is annuled, what is the typical time line for for the Mother to adopted this Child?

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tsi ming choi


Reclusion Perpetua
GodSend wrote:
A) What role does this play in her subsequent remarriage to me (A Canadian).

It doesnt matter, whether the annulment case will prosper or not, STILL, the child enjoys the Legitimate status, likewise, her subsequent remarriage with you does not affect the status of the child being a legitimate.

GodSend wrote:
B) What additional steps we will need to take with regards to Filipeano law that will allow her child to be sponsored (come to Canada) with her.

Under intercountry adoption, the filipina spouse ALONE can adopt her legitimate child. Let your filipina spouse file an intercountry adoption with respect to her child and if granted(sure it will) then the child can come with her in Canada.

GodSend wrote:
If the Child is indeed illegitimate, how do the answers to the above change. Once a Marriage is annuled, what is the typical time line for for the Mother to adopted this Child?

The status of the child will not downgrade to illegitimate, regardless the outcome of the annulment case.

After your marriage, the mother can now adopt her child by filing an intercountry adoption.

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attyLLL


moderator
i think you should inquire with a canadian immigration lawyer on how you can bring the child to canada, and i would recommend that you pursue adoption there


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