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tomahawk0299 · Jan 25, 2009, 09:48 AM

In 1967, my girlfriend was born in Canada to a single Canadian mother to a US Serviceman/US Citizen father. Shortly after birth, the father accepted the child and cared for her for approximately 7 years, while domiciled in Plattsburgh, NY.

He enrolled her in the 1st year of grade school. At about the age of 7 1/2, her now USAF retired father claimed 100% disability and she was transferrd back to Canada to live with foster parents.

She is applying for a US Passport based on INA Section 309, which requires that her father had to "legitimate" her according to NY statute.

I am looking for a NY statute definition for "legitimate".

Are there alternatives for legitimation? For example, her father and mother did not marry, nor did they ever live together. Can legimation be performed through conduct, and does NY statute define what that conduct is?

Any help is most appreciated.

Fr_Chuck · Jan 25, 2009, 10:08 AM

Did, he ever sign a paper filed in court accepting the child as his.

Was there ever a DNA test to prove he is the father.

Was he ever added to the birth certificate.

Is there or was there ever any court document that showed he was the father.

tomahawk0299 · Jan 25, 2009, 10:37 AM

Consider tooo...

She was born in 1967 (there weren't any computers then)
She lived with him until 1974 (there werent' computers then either)

She had a DNA test completed in 2008 that proved he was her father (she's now 41 yoa)
He was never added to the birth certificate.
We are not aware of any court action while she was a minor, however, she had to go to court to force her father for a DNA test, and it was documented in the 2008 court record that he was her father.

During 1974-1976 (estimate), her father filed for support using his social security benefits, which were paid to her until she reached 18.

She lived with him from birth until about 7 years of age.
He cared for her using USAF hospital, where his military records indicate that she had an active medical record for a period

Originally Posted by Fr_Chuck

Did, he ever sign a paper filed in court accepting the child as his.

Was there ever a DNA test to prove he is the father.

Was he ever added to the birth certificate.

Is there or was there ever any court document that showed he was the father.

Fr_Chuck · Jan 25, 2009, 10:40 AM

Have no idea why the talk of coumputers, most birth and court records are not on computer.

But if there was a DNA test and the court has accepted it as proof he is the father, that court order is all that is needed to show.

cdad · Jan 25, 2009, 10:49 AM

Originally Posted by tomahawk0299

Consider tooo...

She was born in 1967 (there weren't any computers then)
She lived with him until 1974 (there werent' computers then either)

She had a DNA test completed in 2008 that proved he was her father (she's now 41 yoa)
He was never added to the birth certificate.
We are not aware of any court action while she was a minor, however, she had to go to court to force her father for a DNA test, and it was documented in the 2008 court record that he was her father.

During 1974-1976 (estimate), her father filed for support using his social security benefits, which were paid to her until she reached 18.

She lived with him from birth until about 7 years of age.
He cared for her using USAF hospital, where his military records indicate that she had an active medical record for a period of time

Having computers or not doesn't matter as far as records go. What court decided on the paternity ? Was it a U.S. court or Canadian ? If it were a U.S. court then you might have to file with Canadian province courts ( talk to a solicitor about that ) and have his name put on the birth certificate or ask what's required to do so. They should accept the findings of the U.S. court. Then you will have as evidence a birth certificate with his name on it. Another thing if possible but not likely because it was so long ago would be to find tax returns that were filed for the years he was living with her. It might show single with 1 dependent. She may be able to claim dual citizenship.

tomahawk0299 · Jan 25, 2009, 11:43 AM

Changing the birth certificate does not answer the two questions asked:

1. What does NY statute define as actions necessary to legitimate a child.

2. Are there alternatives to marriage, or filiation, to legitimate a child?

cdad · Jan 25, 2009, 01:06 PM

Originally Posted by tomahawk0299

Changing the birth certificate does not answer the two questions asked:

1. What does NY statute define as actions necessary to legitimate a child.

2. Are there alternatives to marriage, or filiation, to legitimate a child?

In changing the borth certificate from unknown to a known figure it would lagitimize the child and give her certain rights according to law. Him being placed on the birth certificate would by law make him the legal father of the child and with that also comes the legal responsibilities and entitlements.

Your answer to #2 is no there are no alternatives. Has to be established by courts or agreement as to parentage or adoption.

Fil·i·a·tion (fl-shn) KEY

NOUN:

1a) The condition or fact of being the child of a certain parent.
1b) Law: Judicial determination of paternity.

2) A line of descent; derivation.

3a) The act or fact of forming a new branch, as of a society or language group.
3b)The branch thus formed.

tomahawk0299 · Jan 25, 2009, 01:49 PM

Sir/Ma'am,

Can you back this up with statute, regulation, or case law?

JudyKayTee · Jan 25, 2009, 01:58 PM

Originally Posted by califdadof3

In changing the borth certificate from unknown to a known figure it would lagitimize the child and give her certain rights according to law. Him being placed on the birth certificate would by law make him the legal father of the child and with that also comes the legal responsibilities and entitlements.

your answer to #2 is no there are no alternitives. Has to be established by courts or agreement as to parentage or adoption.

fil·i·a·tion (fl-shn) KEY

NOUN:

1a) The condition or fact of being the child of a certain parent.
1b) Law: Judicial determination of paternity.

2) A line of descent; derivation.

3a) The act or fact of forming a new branch, as of a society or language group.
3b)The branch thus formed.

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ScottGem · Jan 25, 2009, 02:02 PM

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tomahawk0299 disagrees: Can you back-up your statement in NY statute or case law?

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Second, NYS does not have a legal definition of legitmacy. Instead the issue is covered in case law. Paternity is covered by the New York Paternity Law Law Summary and Law Digest

Can you supply the exact wording of the request to legitimate?

cdad · Jan 25, 2009, 05:28 PM

Originally Posted by tomahawk0299

Sir/Ma'am,

Can you back this up with statute, regulation, or case law?

Sure. What your asking is out of the hands of NY State anyway. Since she is seeking a passport and you must satisfy INS and the 309 rules both A and C the birth certificate should be enough.

http://www.law.arizona.edu/journals/...%20Article.pdf

Take a look at the case law provided. It goes a ways into it but you can examine the footnotes.