Phileme

Hi to all,

I am new here so not so familliar yet to all topics here. I just want to know if any one here with a baby that are born here?
I have 11 months old twins born here in the Phils. Their dad is British descent and we both reside in tye UK. My twins was born here and my husband have them a British passport right away, but their birthcertificate is registered here in the Philipns.

My twins don't have a dual passport just yet only British one. We're going to go home to the UK this April, but I am so worried we will need a DSWD clearance...

My twins is an IVF (surrogated by my niece), I know Philippines don't recognised "surrogacy" but they do have rules that: whoever bare the child - be the mother? So my niece is the registered mother of my twins birthcertificate. We did applied for a "Parental Order" in tue UK and its currently due to hearing on the 9th of May (reasons we are going home). But since I am not the registered mother in their birthcertificate, would we be hold in the airport or do we really need DSWD clearance to get out here??

My husband family name is on their passport and my twins do hold British passport and my husband will be traveling with us to leave the Philpns. Do we still required DSWD clearance?? Please I really want to hear your thoughts on this. Many Thanks

P.S I forgot to mention that, my husband and I is married for 16 yrs and we currentlly reside in London since 2009. I would really appreciate your reply...

mikemike

If your twins have a British passport and you are travelling with your husband I do not see that you have an issue. BI will not want to see their birth certificates. Is your family name the same as your husbands? if NOT, Suggest he takes them both through the family emigration kiosk. What passport and UK visa do you Hold plus a CFO?

Phileme

Hi Mikemike, thanks for your reply. I am UK resident but still holding my Philippines passport only. I thought my indefinite is good enough. Yes my niece family name is the same as my middle name. My sure name is my husband name. So our twins has both our family nane on their passport.

But their passport is clean as this is the first time they will leave the Philippines. Were BI will not stop as in the airport? We all know when it comes to children every country has a very strict rules to maje sure they were not stollen babies or sonething!☹

Hey Mikemike, you know when your child is recognized as a citizen to that country, for example the UK. they do recognized my twins otherwise, they would not issued them British passport..What will happens to that thing that, they were born in the Philippines and their British passport (clean and no stamp in them), would not they wonder why they donnit have a Philippines passport instead? Honestly, at the moment is easy to get British passport than the Philippines one as long as documents is complete. Sorry I'm bit lost when it comes to BI rules...

mikemike

you need to write to the BI, use an assumed name etc

And ask what documents are needed for British family to leave the Philippines as the children have UK passports issued in the Philippines so they do not have an entry stamp. I suspect the BI office has conditions around this as you will not be the only person who has foreign children born in the Philippines, probably a tourist visa will be issued but at the head office. You need to write and find out the process

Do both of you need to hear the parental order with the children? or can they stay with family whist you both go and sort this in the UK?

Phileme

Thank you so much Mikemike. No I couldn't leave them here. First, no one will look after the. 2nd, apparently the court need to see us with the twins. I don't think they will need visa because they have just been issued a British passport. You are right. Best is to write to BI about it. Thank a lot Mikemike for your advised. Appreciate that a lot.

Phileme

Sorry I missed it. My husband who's currently in tue UK. Have applied our twins passport in tye UK. and they just send it to us a week ago. A tokes 5 months but we got it atlast. � ����

mikemike

I suspect as your husband will not be travelling with you that he will need to send you a letter of authorization for the children to travel and this will need to have a copy of his passport as well. He can apply in the Uk for their birth certificates, perhaps sending these will help?. Not sure how long that process takes as it is not straightforward. Suggest he goes on line for this and see what the requirements are as well as the fees.

quiltman

As surrogacy is not recognised here, I think you have potential problems looming. There is NO specific law banning surrogacy but despite donated eggs and/or sperm , the legal mother is the woman who physically gave birth to the twins. Without an entry visa in their UK passports and NO Filipino passports then it will be difficult to leave the country. As mikemike says, ask BI , but it appears the best solution is to officially adopt them here - they are then classed as YOUR children and you can apply for their Filipino passports. They then leave the Phils on the Filipino passports and enter UK on their UK passports.
Here's an extract from an Inquirer article of a couple of years ago which infers adoption is the best way to proceed.
"The transaction is still largely informal mainly because of the absence of a firm law. But couples resorting to surrogacy should take heed of a lawyer’s opinion, published in a legal blog, that under the law, the surrogate is considered the mother of the child.
“The law does not confer upon A and B (the donor parents) the right to claim parental right over the child that actually came from the womb of C (the surrogate) to be considered as their legitimate child, unless they resort to adoption,” says the lawyer-author.
Biologically, the child may carry the mother and father’s DNA, genes and traits (although some scientists say the surrogate’s genes may be present as well), but the law recognizes as mother only the woman who carried the child to term.

Phileme

Hi Mekemike. I understand all that before we tried to use a surrogacy.
I did take that risk because my niece is my own family and she was eager to help me have my own child. My husband will be here and he will travel to the UK with us. He is arriving Sunday this weekend.

I'm a UK residence for 14 yrs. My twins passport clarfied they are Brtitish Citizen. As a British citizen you don't need a visa right? Back to surrogacy. There is no surrogacy law in this country just yet so, whoever bare that child, will be the "legal mother" that's fine for us, as you mentioned yes. But we did not broke that law. My niece is the "legal mother" of my twins agree to tha no problems. But because my husband is British and I do live in the UK, the UK then have the law - helping those people like me going through under "surrogacy" and that's the Parental Order in the family court especialised in "Surrigacy" only. In the Philippines, you do can travel with the child to even if you are not the mother. You just apply for DSWD clearance (and the twins will be also traveling with there dad). "The legal mother" (so happened it's my own niece, she will have to give her consent - she did that already for the Btitish passport of tye twins. She have no problems giving a consent for the twins to travel with us to the UK. My niece used to: "She did not feel the same gaving birth to her own son". Not sure how's that feeling! According to her, everything is just a "matter of paper" which right.

I wouldn't want to go for and adoption because is not just, it will take your whole life before everything is granted, it is also suund silly adopting my own child (I would of course if no other chance).

My only questions from the beggining of this letter was: Would I still need DSWD clearance when my child is holdeing a British passport they are gaven a British citizen because their father is British by decent.Therefore no visa required.

Anyways, you are once again right. The best thing is, to seek BI advise and also, we will then just go to DSWD to find out. They would im sure tell as if will still need clearance or not.

Thank you Mikemike for you kind reply and for your time. I will let you know soon the result of course. Thanks again.

quiltman

Do you and your husband already have a UK Parental Order? If so, then under UK law you are now the legal parents of the twins. However, that does not affect their position here regarding their legal status. You definitely need to consult both the BI regarding no visa in their UK passports and if this is sorted then I think you would have no problem removing them from the Phils. If BI will not issue a visa then you will need to consult a Family lawyer here. Interestingly I chatted today with an expat friend of mine who has two children with his Filipina partner. He got UK passports for them but was told he needed to get Filipino passports for them to leave here as they were Filipino citizens. The UK passports were "invalid" for leaving here as there would be no entry visa in them. He was told as well to ensure when they returned from their UK trip to re-enter the Phils on their Filipino passports otherwise they would only get tourist visas in their UK passports. Oh, what a complex world we live in!

Phileme

Hi Quiltman, I'm tirribly sorry. I thought I was still talking to Mikemike. Old woman!� ����� ����Anyway, my husband was born in UK and is a British Citizen. His family name has been given to the twins and he is named as the father on the birth certificates.

We have a Notarised Consent letter from my niece stating her NO OBJECTION to us taking the twins to the UK and applying for a Parental Order. It would be our 2nd hearing in May. My husban have met the judge and that he said, everything is going to ok, and that they will look after it.

This visa thing: I did thought that, when the British authority, issued you a British passport and stated in that passport, that you are a British Citizen, then you wouldn't need a visa to inter the UK and to leave the Philippines, because it would means that you are going home? The Philippines passport I guess is just an option to have, because they were born here and me or my niece is a Philipina Citizen. So dual passport is a choice?

I'm dealing with the travel agent and they will ring the BI on Monday to find out. If incase will need DSWD clearance for the twins to travel, that is fine. If not, then we will need a Philippines passport. So we will also of course apply. If that's still not going to work, then we will need to take my niece to the UK (as she the "legal mother" of our twins), and if the child travel with the mother - there will be no problems at the airport..Only then another wait for my niece visa.
It is complicated and lots of effort, but as long as, we're not faking anything, then it will be ok. We do have all the paper works. And my husband will be here on Monady and we're planning to go to BI office near by us. Thanks Quiltman. I will let you know were we at soon.

quiltman

You definitely need legal opinion on this situation. you are correct that of course the twins do not need a visa to enter UK using their UK passports , that's not the problem. It's getting them out of the Phils that could be problematical. It makes no difference if you get a UK parental order as it will not be recognised here.(mind you, once you have it I don't suppose anyone here will question you if you bring them back say for a holiday!) I looked on the UK.gov site and it says that a Parental Order for surrogates has to be applied for before the child is 6 months old. Will you meet this deadline?
hopefully it will all work out for you in the end! The only other potential delay is as you say, applying for and waiting for, a visitor visa for your niece if that is the only way to get the twins out of the Phils. It may be difficult to get as she will need to show reasons she will return here - job, property, owning a business etc , and the UK is pretty hot on this due to so many people coming on visitor or student visas and not leaving when they should. Fingers crossed for a good result on Monday!
https://www.gov.uk/become-a-childs-legal-parent

Phileme

Hi Quilt. Parental Order was made before the twins turned 6 month (acordingly to Court rules of "Surrogacy") in the UK. Don’t worry, the Parental Order will straighten out the birth Certs and state me as a legal mother. They are international especialised in surrogacy. The UK Court would never take our case if they know that: they will have no right to changing everything and the Phils. is not included in their especialized? Before they tako us in, they did ask questions and ask for all the docs. that will satified them to take us in, and in May is our 2nd hearing and I'm schidule for an interview at home in the UK.
Once they sort out the birth of our twins, there is nomore problema because in their passport, my middle name is already in it even on Philippins one incase we get. My niece and I have the same father sure name. For now, they only easy way for us to go to the UK is to get them DSWD clearance with my niece consent allowing the twins to travel with their dad. By Wed. I will find out what's best for us. Thanks Quiltman.

Phileme

My niece is not working but she also have a 2 yrs old boy here and a house with land title? Her parents and brothers are all here. So surely the UK will be ok with that...there is that saying: You feed tyem everything they want and they will have no reasons not to be full! : )) The only capital of this is: patients and efforts!

quiltman

That's great news! Well done in getting it sorted out promptly! Hopefully you'll get DSWD clearance and away you go! I wish you all the best for the future as parents.