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Hong Kong > Forums  > Hong Kong Forums  > Moving to Hong Kong  > Everything Else

birth certificate & passport dilemma

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Old 25-08-2005, 09:48 AM
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Question birth certificate & passport dilemma

I would just like to get your opinions on this matter. My son was born here in Hong Kong and although illegitimate, he is carrying his father's surname as we (both parents) acknowledged his paternity when we registered my son's birth.

Right now I am in the process of applying for my son's Philippine passport and the Philippine Consulate will not allow me to use his father's surname on the passport because he is illegitimate. They are suggesting that I use my surname on his passport if I cannot get an Affidavit of Recognition from his father. We have since separated and have no contact so the chances of getting that is very slim. I am trying my best though.

I have already approached an Immigration Officer at the Births Registry regarding this matter last week and she has advised me to just tell the consulate that my son's HK Birth Certificate is already the Affidavit of Recognition they are asking for since my son's father's name is already entered there, it automatically gives my son the right to use his surname. I have spoken to the consulate about this but they still refused because they said we have to follow the Philippine law when applying for a Philippine passport.

What I would like to know is, if my son uses my surname on his passport and he is registered with his father's surname on his birth certificate, what would be the complications in his future travels and document applications ie. ID Card? Would it help if I add my surname as part of his given name (as middle name) at the Births Registry since I can't change his surname anyway?

I've already emailed the Immigration Department and have yet to receive a reply. Would really appreciate your advise.
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Old 25-08-2005, 10:27 AM
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This being The Philippines can't you just slip the person at the consulate a small brown envelope containing some green pieces of paper? That seems to be their answer to most such issues.
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Old 25-08-2005, 10:36 AM
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I wish I could haha... but then I'd get in trouble. Besides, we're in Hong Kong.

The officer at the passport processing counter actually referred me to their legal assistant. She was more understanding and did a referral to the Consulate General to consider my case. I received a phone call yesterday and she said the only way to get my son's surname (his father's) was to have that Affidavit signed otherwise he'll have to use my surname......
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Old 25-08-2005, 10:37 AM
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PDLM.. my post is off-topic but is related to what you've just said..

http://www.thestandard.com.hk/stdn/s.../GH25Ak05.html
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Old 25-08-2005, 10:55 AM
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can you not apply to legally change a name?

maybe that should be the approach...apply to legally change his name in hong kong to your name...get the certificate with the change of name on it then apply for the passport.
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Old 25-08-2005, 11:18 AM
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spoke to the immigration officer about that too but she said i can't do that without the father's consent.
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Old 26-08-2005, 01:01 PM
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hk852belle,

I'm not sure if it can be done in the Philippines, but if the passport is produced carrying your surname, ask the Consulate if it can be endorsed with the name from his birth certificate also.

The greatest risk for him travelling on documents with varying names is that if a check is made, and it is noted, it will raise questions that have difficult answers. An endorsement would help in that at least it is clear there is no intention to deceive which is the major cause of concern.

Just a thought anyway.
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