sponsor my illegitimate child to canada
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Author Topic: sponsor my illegitimate child to canada  (Read 1196 times)
jljin
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« on: January 03, 2012, 09:47:09 am »

Hi,
Please give some advise

I am Canada PR, I had a two year old daughter (my illegitimate child) born after I first landed in Canada as PR. Right now I am planning to sponsor her to come as the biological father.

What are the document I need from her biological mother? A consent (no objection letter) will be sufficient? Or have to have adoption order? ( I assume I do not have to adopt her as I am already the biological father and I signed on her birth certificate , am I right?)

will be appreciated for your information
thanks
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CharlieD10
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Posts: 5864
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Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: 06-06-2012

« Reply #1 on: January 03, 2012, 06:15:12 pm »

The child's legitimacy is neither here nor there in your decision to sponsor her.  You will need the mother's consent for her to immigrate, and as you are listed as the father on the birth certificate you will not need to adopt her.  You may be requested to do a DNA test to prove paternity but that is up to the embassy.
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jljin
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« Reply #2 on: January 04, 2012, 01:43:55 am »

Thanks

As for mother's consent, does that mean she has to give up her custody without condition? Or just a consent letter will do.

If she must give up her custody for me to sponsor the child. Will a statement from a lawyer in her country (notary public in Singapore) be sufficient? Or have to get verify again from a Canada lawyer (after she get such statement from her lawyer)?

Will be very appreciated for your advise.
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CharlieD10
VIP Member
*******

Posts: 5864
Ratings: +168
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: 06-06-2012

« Reply #3 on: January 04, 2012, 07:17:22 am »

You need to ask a lawyer about the nuances of custody, I'm not a lawyer.  The first thing you need is consent from the mother for the child to immigrate, custody is a different issue, because you can share custody even if the child migrates.  The consent needs to be in the presence of a notary or someone similar, but it does not necessarily have to be notarized again in Canada.
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JEWEL JOEL
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« Reply #4 on: January 04, 2012, 08:21:18 pm »

What if the mother will apply for an immigrant visa?does she need also the father's consent in bringing the child?
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CharlieD10
VIP Member
*******

Posts: 5864
Ratings: +168
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: 06-06-2012

« Reply #5 on: January 04, 2012, 08:26:18 pm »

As long as the parent is mentioned on the birth certificate, and there is no court-mandated sole custody arrangement, yes, you need the permission of the other parent.
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jljin
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« Reply #6 on: January 04, 2012, 09:28:57 pm »

thanks, your information helps a lot
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JEWEL JOEL
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« Reply #7 on: January 05, 2012, 06:00:49 am »

i dont have communication with the father of my illegitimate child and dont know where is he now.How can i bring my child with me?
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CharlieD10
VIP Member
*******

Posts: 5864
Ratings: +168
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: 06-06-2012

« Reply #8 on: January 05, 2012, 06:57:36 am »

You need to get a lawyer's advice on any procedures required to show you tried to contact him, that you have not been able to do so, and that you have no court-ordered custody arrangement but have been solely responsible for the child all its life.  CIC will likely not pressure you to obtain consent if you can show you did all you can and he essentially abandoned his parental rights.
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Adjusting to Canada, one day at a time.
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