-
Last updated on
The answer to this simple question regarding a child: "Who is the mother? Who is the father?" is defined by the national law of both parents. Though Belgian and Filipino laws have a lot of similarities, some differences still exist, in particular related to the consent of the mother. This is why we must pay attention to every detail.
How is filiation established under Belgian law?
Maternity
Inclusion of the mother's name on the birth certificate is enough to identify the child's mother.
Paternity
For children born in the Philippines, the paternal filiation can be legally established in 3 common ways:
- Both biological parents are married together at the time of birth, then the father is automatically the husband of the mother.
Read the complete procedure (PDF, 131.91 KB)
- Both biological parents are not married together (and indeed single, so not married with someone else) and the father has signed an affidavit of paternity.
In the Philippines, it will be very easy to sign on page 2 of the birth certificate of the child the “affidavit of acknowledgement / admission of paternity”. Doing so, the father will be mentioned on the birth certificate and the filiation will be legally established according to Filipino laws.
BUT to be also valid according to Belgian laws, the mother has to sign that second page too (names & signature of both parents). Belgium indeed considers that without valid and expressed consent of the mother (by putting her name and signing together that document with the man who declares to be the father), the filiation is not established. Parents have then to insist on signing together the page 2 of the birth certificate though it is not mandatory for the local registrar.
Read the complete procedure (PDF, 223.68 KB)
- If both biological parents aren’t married together and if the mother hasn’t sign that second page of the birth certificate of the child, the filiation has to be established in a separate act of recognition of the paternal filiation.
Belgian father registered with the Embassy will sign it here with the mother, while Belgian father still registered with a municipality in Belgium will sign it there with the mother’s consent in a proxy (volmacht/procuration).
Read the complete procedure (PDF, 64.66 KB)
What if the mother was still officially married with another man?
Both Filipino and Belgian laws are very clear: the mother's husband is automatically the legal father of a child.
Under Philippine law, this presumption holds even though they were no longer living together when the child was conceived and born, and even though the mother has admitted that her husband is not the father of her child, and even though she has disclosed who the biological father of the child is (meaning even though the biological father is registered on the birth certificate). Under that system of laws, the marriage of the husband to the biological mother of the child has made him the legal father of every child his wife will conceive and give birth to. Such presumption of paternity may be defeated only by a court decision. In such action, it has to be proven that the husband is not the biological father of the child. The fact that it was impossible for him to be the father because of his physical separation from the wife is one of the evidence they may use to prove the case. They may also seek the aid of science, such as DNA matching, to prove that he was not the father of the child. Do pay attention that the decision has to focus the husband and not on the biological father!
Read the complete procedure (PDF, 259.75 KB)
Does the child receive automatically the Belgian nationality?
Please see the section ATTRIBUTION under Nationality of this website for further information on this topic.
Which surname will the child be given?
It all depends on when the filiation towards the Belgian parent (father or mother) is legally established:
- if the child is Belgian at birth, Belgian law applies and the child born in the Philippines will take the last name of his father as established in the birth certificate (the middle name disappears completely);
- if the child becomes Belgian later (subsequent to an act of recognition or attribution of the nationality), the child born in the Philippines will bear the name as it appears on his birth certificate, taking the middle name as first last name if it is indeed the last name of his mother. But since January 1, 2018, the middle name will be taken in any Belgian document as an extra first name instead.
Important disclaimer
Please note that the information given here above represent only general trends in a short summary of a very complex issue, applicable to the Philippines only! It may happen that your particular case poses other elements to be examined in a different way, obliging us therefore to request more documents from you, or more actions to be taken before finally being able to establish the filiation, the nationality or even the name of your child.
Be aware as well that some procedures can take time so it requires your collaboration and patience. But nothing is impossible if you always follow the steps and guidance offered by this Embassy.
