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Declaring fatherhood

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Hello Everyone,

I am stuck in a situation complicated by the COVID-19. My gf is pregnant and stuck in Rio de Janeiro. She is a Portugese citizen and am an Indian citizen. Our initial plan was that we get married in April, which went up in smoke because of the flights being cancelled. Now it is pretty much confirmed that the baby would be born in Brasil without me nearby.

Any idea how do we declare me as the father of the baby on the birth certificate of the child and in the passport? We are a bit lost as to how to proceed further

 

Thanks in advance

 

 

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As a Portuguese citizen, surely your girlfriend should contact the consulate in Rio de Janeiro. 

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5 minutes ago, john_b said:

As a Portuguese citizen, surely your girlfriend should contact the consulate in Rio de Janeiro. 

We tried, they have not responded in 3 months 

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47 minutes ago, sanjay050284 said:

We tried, they have not responded in 3 months 

 

Many Embassies are closed. 

 

1 hour ago, sanjay050284 said:

My gf is pregnant and stuck in Rio de Janeiro. She is a Portugese citizen and am an Indian citizen.

 

This is the wrong forum for your question because at the moment it has nothing to do with German law. I'm not being pedantic, but the laws on paternity vary greatly and knowing the rules that apply here won't help you.

 

1 hour ago, sanjay050284 said:

Our initial plan was that we get married in April, which went up in smoke because of the flights being cancelled.

 

Where were you supposed to get married? If you are now planning on getting married in Germany, you might want to see if you can start that process now. If you have public insurance, it would be a good idea to married as soon as she can come to Germany.

 

1 hour ago, sanjay050284 said:

Any idea how do we declare me as the father of the baby on the birth certificate of the child and in the passport? We are a bit lost as to how to proceed further

 

She needs to contact the local authorities in Brazil as well as the Portuguese Consulate (whenever they reopen). Alternatively she can try to contact the Portugese authorities, however, unless you can speak Portuguese you can't help her with that either. 

 

Perhaps you can find an expat site for Portugal? Otherwise I really don't know what you can do at the moment.

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2 hours ago, john_b said:

As a Portuguese citizen, surely your girlfriend should contact the consulate in Rio de Janeiro. 

 

 
 
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1 hour ago, engelchen said:

 

 

She needs to contact the local authorities in Brazil as well as the Portuguese Consulate (whenever they reopen). Alternatively she can try to contact the Portugese authorities, however, unless you can speak Portuguese you can't help her with that either. 

 

 

Portugese embassy in Germany was quick to reply. They want us to contact the Indian embassy in Germany and Brasil 

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Sorry, but you didn't mention that she had already contacted the PT Consulate in Rio and were still waiting.

 

Anyway, best of luck, hope you can sort this out.

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12 minutes ago, john_b said:

Sorry, but you didn't mention that she had already contacted the PT Consulate in Rio and were still waiting.

 

Anyway, best of luck, hope you can sort this out.

Yes but it never occurred to contact the one in Germany until today morning 

Thanks, we are hoping to sort it out quickly...  I guess it would make the Baby's entry to Germany and India a bit easier

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2 minutes ago, sanjay050284 said:

 I guess it would make the Baby's entry to Germany and India a bit easier

 

The baby just needs a birth certificate to get a passport and a passport to come to Germany. As an EU citizen the child doesn't need a visa. 

 

The only thing you need to clarify is what paperwork the authorities want to see in order for them to put your name on the birth certificate. 

 

Maybe you can try the Brazilian Embassy in Germany as well? 

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34 minutes ago, engelchen said:

The only thing you need to clarify is what paperwork the authorities want to see in order for them to put your name on the birth certificate. 

 

This is what we are trying to do at the moment

 

 
 
 
 
35 minutes ago, engelchen said:

Maybe you can try the Brazilian Embassy in Germany as well? 

 

They haven't replied to our email or answered our calls. The one time they answered our call, she was rude (her tone changed completely as soon as my GF told her she was Portuguese) and asked us to contact the concerned amt where I live and hung up the call

 
 
 
 
38 minutes ago, engelchen said:

The baby just needs a birth certificate to get a passport and a passport to come to Germany. As an EU citizen the child doesn't need a visa. 

 

The Portuguese embassy in Brazil has not yet replied to our calls or emails. In the likely event, the baby ends up with a Brazilian passport initially we are assuming the Baby would need a Visa to come here initially? 

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The Portuguese Embassy site says it is only dealing with urgent cases and birth registrations not considered so.  They direct people to their Facebook page.  Consulado Geral de Portugal no Rio de Janeiro

 

This states " The registration of infants (babies up to two years old) was greatly facilitated through the creation of a specific direct channel registronascimento.cgrio@mne.pt" for people having difficulty using electronic systerm.

 

So it might be worth sending an email to this address if you have not already done so.

 

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Brazilian citizens do not need a visa to enter the Schengen Area under normal, however, I'm not sure if the Corona regulations would be an issue.

 

I would recommend sorting out the birth certificate and passport first. Find out how difficult it would be to sort out the paternity paperwork at a later date and then decide when you want to do it.

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The Portugese embassy says check with Brazilian officials, Brazilian officials are like we need an declaration. The Amt here in Meiningen says that they cannot do it and the Indian embassy also says that they cannot do it :(

We are a bit stressed that it might be difficult for my GF and the baby to move to Germany because of the current situation and that the baby will be with a Brazilian Citizenship/Passport

 

Should I contact an Immigration lawayer? 

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Should I contact an Immigration lawayer? 

 

No, a German immigration lawyer is just a waste of money for this situation. German immigration law is irrelavent for your family.

 

The only lawyer who could help you would be a Brazilian lawyer specialised in Brazilian family law with international aspects.

 

30 minutes ago, sanjay050284 said:

The Portugese embassy says check with Brazilian officials, Brazilian officials are like we need an declaration. The Amt here in Meiningen says that they cannot do it and the Indian embassy also says that they cannot do it :(

 

Your local Amt has nothing to do with the situation since none of you are German.

 

What will the Brazilian authorities do if there is no declaration? Will they just issue a birth certificate and passport?

 

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We are a bit stressed that it might be difficult for my GF and the baby to move to Germany because of the current situation and that the baby will be with a Brazilian Citizenship/Passport

 

It is not that bad. If the baby has a Brazilian passport, the baby doesn't need a visa for the Schengen Area. Once your GF and baby are here, the baby is allowed to stay as the dependent child of your EU citizen GF, however, they are both going to need health insurance and sufficient funds (I'm just assuming that you are willing to support them). Once in Europe, you and your GF can organise a Portugese passport for the child.

 

The only problem with this solution is that I don't know how you'd recognise paternity and if this could cause tons of paperwork later.

 

Are you still planning on getting married? If yes, where?

 

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4 minutes ago, engelchen said:

Once your GF and baby are here, the baby is allowed to stay as the dependent child of your EU citizen GF, however, they are both going to need health insurance and sufficient funds (I'm just assuming that you are willing to support them). Once in Europe, you and your GF can organise a Portugese passport for the child.

 

Of course, my child and my gf. My resources are limited (less than € 2000 netto) but I do not have a choice, I cannot abandon them. Perhaps the baby can be covered by my insurance but again not sure how to prove that I am the father

 

 
 
 
 
8 minutes ago, engelchen said:

Are you still planning on getting married? If yes, where?

 

The original plan was to get married in April in Copenhagen. Probably here in Germany once both the mother and child are here, getting married in Brasil or India is also an option but the whole situation has been complicated by COVID-19 and this is our first pregnancy :(

 

The funny part is, the Indian embassy in Brasilia is ready to issue a Passport for the baby but cannot issue an affidavit confirming i am the father

 

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2 minutes ago, sanjay050284 said:

Of course, my child and my gf. My resources are limited (less than € 2000 netto) but I do not have a choice, I cannot abandon them. Perhaps the baby can be covered by my insurance but again not sure how to prove that I am the father

 

If you have a pubic health insurance, your wife and her child (even if it is not "officially" your child) can be covered under your public health insurance at no extra cost.  Furthermore, you would be able to change your tax class once you get married.

 

2 minutes ago, sanjay050284 said:

The original plan was to get married in April in Copenhagen.

 

Forget Denmark. Bringing yet another country's law into your situation could complicate the situation even more.

 

2 minutes ago, sanjay050284 said:

Probably here in Germany once both the mother and child are here, getting married in Brasil or India is also an option but the whole situation has been complicated by COVID-19 and this is our first pregnancy :(

 

The problem with getting married in Germany is that German officials do not have accept Indian documents. Did you ever have to have your docs verified by a Vertrauensanwalt?

 

2 minutes ago, sanjay050284 said:

The funny part is, the Indian embassy in Brasilia is ready to issue a Passport for the baby but cannot issue an affidavit confirming i am the father

 

Does India allow minors to hold dual citizenship?

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Just now, engelchen said:

If you have pubic health insurance, your wife and her child (even if it is not "officially" your child) can be covered under your public health insurance at no extra cost.  Furthermore, you would be able to change your tax class once you get married.

Forget Denmark. Bringing yet another country's law into your situation could complicate the situation even more.

The problem with getting married in Germany is that German officials do not have accept Indian documents. Did you ever have to have your docs verified by a Vertrauensanwalt?

Does India allow minors to hold dual citizenship?


That is nice and I guess I could save money as well then :)
My friends got married in Denmark and it was much easier for them with the paperwork there and the marriages are recognised in Germany (bypassing the Amt, it sounded like it was super complicated with Indian documents)
No. not yet. Never had the need so far
No India does not allow Dual Citizenship for anyone.

 

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3 hours ago, sanjay050284 said:

No India does not allow Dual Citizenship for anyone.

 

3 hours ago, sanjay050284 said:

The funny part is, the Indian embassy in Brasilia is ready to issue a Passport for the baby but cannot issue an affidavit confirming i am the father

 

Sorry, but your officials are idiots. India doesn't allow dual citizenship, but your Embassy is willing to issue a passport for a child who has two other citizenships!!?!?!?!?:blink:

 

I don't think an Indian passport will help your child get on a plane to Germany without a Schengen Visa (although theoretically the child would have a right to accompany your GF, I don't think you'll find an airline that would be willing).

 

When is the baby due?

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2 hours ago, engelchen said:

Sorry, but your officials are idiots. India doesn't allow dual citizenship, but your Embassy is willing to issue a passport for a child who has two other citizenships!!?!?!?!?:blink:

 

Well I guess this is the sort of service the Indian consulate is used to doing.  What it normally offers to Indian nationals who give birth abroad.  

 

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What OP needs to find out is how he gets his name as father on the Brazilian birth certificate.  This seems to require him going himself in Brazil, as they are not married.  

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22 hours ago, engelchen said:

Sorry, but your officials are idiots. India doesn't allow dual citizenship, but your Embassy is willing to issue a passport for a child who has two other citizenships!!?!?!?!?:blink:

 I believe he was hinting that getting an Indian citizenship would not be a problem

 
 
 
 
22 hours ago, engelchen said:

Sorry, but your officials are idiots.

Unfortunately most of them are :( but they seem to be much better than Brazilian officials :D

 

 
 
 
 
22 hours ago, engelchen said:

When is the baby due?

August

 

 
 
 
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20 hours ago, snowingagain said:

What OP needs to find out is how he gets his name as father on the Brazilian birth certificate.  

That is what we are trying to do and at least at the moment flying to Brazil does not seem to be a possibility :( 

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