Dominican Republic Lawyer
If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   DR1 Dominican Republic Forums > Forums > Legal
Register Blogs FAQ Search Today's Posts Mark Forums Read Chat Room

Reply
 
LinkBack Thread Tools Search this Thread
  #1  
Old 05-19-2009, 12:06 PM
Bronze
 
Join Date: May 2009
Posts: 1
pwylie Level 1 (10)
Default Help with legal issue

My son had a baby over the weekend w/a DR woman he only visited DR a few times and she got pregnant she has 2 other children by other fathers. He found out on Friday that the baby was born and is heading there today to get DNA testing. He has spent alot of money for legal help and to help the girl have the best medical for the child. The child w born with breathing difficulties and still in the hospital. He wants to bring the child back to the states this week for proper care. What does he need to do and if he can bring son back without mother. Will he beable to keep his son and raise him on his own?
Reply With Quote
  #2  
Old 05-19-2009, 12:27 PM
Gold
 
Join Date: May 2003
Posts: 1,981
PICHARDO Level 4 PICHARDO Level 4 PICHARDO Level 4 PICHARDO Level 4 (345)
Default

Quote:
Originally Posted by pwylie View Post
My son had a baby over the weekend w/a DR woman he only visited DR a few times and she got pregnant she has 2 other children by other fathers. He found out on Friday that the baby was born and is heading there today to get DNA testing. He has spent alot of money for legal help and to help the girl have the best medical for the child. The child w born with breathing difficulties and still in the hospital. He wants to bring the child back to the states this week for proper care. What does he need to do and if he can bring son back without mother. Will he beable to keep his son and raise him on his own?
If he took the initiative to provide his name at the Hospital the child born, as the father of the kid, then all he needs to do is take the BC to the US representative for these matters in the DR.
There he can have his kid declared as born overseas and file to have his US citizenship rights provided for him.

It takes little time to have this done, more so if a medical precondition exist where the life of the child is in danger due to lack of proper medical care/services in the host country at birth.

As you pointed out he already went for the DNA testing, but for citizenship declaration at the US in the DR, this step is not required if the child was born and properly declared by the father as his in the DR within the time it took to declare his birth to the US authorities there.

Since the mother is Dominican, the child is not provided with a BC that declares him within the book of extranjeria; therefore a regular Dominican BC is issued in his case.

After getting the clearance and documentation from the US authorities, he'll need the permission and consent from the mother in order to travel with the child, but in his case this is much simpler since both parents are in the DR and the child will be declared as a child born to an US citizen overseas.
Reply With Quote
  #3  
Old 05-19-2009, 04:30 PM
Gold
 
Join Date: Jul 2007
Posts: 3,968
Chip Level 5 Chip Level 5 Chip Level 5 Chip Level 5 (390)
Default

Your son will need the mother's consent and see following link:

What is a Consular Report of Birth Abroad? - U.S. Embassy in Santo Domingo, Dominican Republic
Reply With Quote
  #4  
Old 05-19-2009, 05:58 PM
Bronze
 
Join Date: Jan 2008
Posts: 95
ybonabeach Level 1 (33)
Default shouldn't he

finish with the DNA testing to make sure it IS his child prior to getting US documentation?
Reply With Quote
  #5  
Old 05-19-2009, 06:11 PM
Gold
 
Join Date: Jul 2007
Posts: 3,968
Chip Level 5 Chip Level 5 Chip Level 5 Chip Level 5 (390)
Default

Quote:
Originally Posted by ybonabeach View Post
finish with the DNA testing to make sure it IS his child prior to getting US documentation?
makes sense to me.
Reply With Quote
  #6  
Old 05-19-2009, 06:49 PM
Gold
 
Join Date: Nov 2004
Posts: 1,950
J D Sauser Level 8 J D Sauser Level 8 J D Sauser Level 8 J D Sauser Level 8 J D Sauser Level 8 J D Sauser Level 8 J D Sauser Level 8 (706)
Default

  1. DNA Test. His Baby? Then proceed to #2. Not his, do what is in his heart as long he does not let himself being milked by the mother/mother's family.
  2. Register himself as the father to the baby with local (Dominican authorities).
  3. Take the mother, baby, birth certificate and all ID's to the US consulate and apply for citizenship for the baby.
  4. As the parents will have joint custody, the mother will have to sign release papers so that the baby can travel with the father only. If the baby travels with a third person, both, the father and the mother have to sign the attorney drafted authorization.
  5. Airport immigration may request for "their" resident notary to also do some paperwork, so check a couple of days BEFORE check in time.
That being said. For those who have financial means, there IS reasonably good to very good medical assistance available in this country too, and at a much, much lower price than in the US.

... J-D.
Reply With Quote
  #7  
Old 05-21-2009, 09:53 PM
Silver
 
Join Date: Jul 2007
Posts: 137
Yachtmaster Level 1 (13)
Default

Is paternal DNA testing available in the DR? If so, where? I know of someone who may need to know.......
Reply With Quote
  #8  
Old 05-22-2009, 12:54 AM
Silver
 
Join Date: May 2008
Posts: 250
LaTeacher Level 2 (71)
Default

the process for declaring the baby with the US consulate is more complicated than just showing up. he's got to deliver the paperwork, get the appointment (almost a month later) and then go, with the mother AND the baby, the proper paperwork (a huge PITA). depending on how the consul feels about the situation, she/he could send off for DNA testing again as the consulate only accepts the tests from a certain clinic. i've never heard of it being so complicated (except when the father was not originally on the dominican BC) and most passports get out about 4 weeks after the appointment. a total time period of 8 weeks.

i think, though, that if there is a health problem and the father can provide proof that he has the funds to pay for care (or medical insurance that will cover the baby - proving that you're not taking the baby to suckle off medicare and welfare), an emergency appointment can be made to get the kid to the states ASAP.
Reply With Quote
  #9  
Old 05-22-2009, 10:38 AM
Bronze
 
Join Date: Apr 2009
Posts: 86
alina2838 Level 1 (10)
Default dna

Quote:
Originally Posted by Yachtmaster View Post
Is paternal DNA testing available in the DR? If so, where? I know of someone who may need to know.......
check the santo domingo embassy they provide the site and only the one they provide is valid
it cost around 800. dollars
Reply With Quote
  #10  
Old 05-22-2009, 10:42 AM
Bronze
 
Join Date: Apr 2009
Posts: 86
alina2838 Level 1 (10)
Default

Quote:
Originally Posted by pwylie View Post
My son had a baby over the weekend w/a DR woman he only visited DR a few times and she got pregnant she has 2 other children by other fathers. He found out on Friday that the baby was born and is heading there today to get DNA testing. He has spent alot of money for legal help and to help the girl have the best medical for the child. The child w born with breathing difficulties and still in the hospital. He wants to bring the child back to the states this week for proper care. What does he need to do and if he can bring son back without mother. Will he beable to keep his son and raise him on his own?
you will need all dominican documents legalized
a birth certificate and a reconocimiento when the father recognized the child as his own
if he is in the country now d.r. he should have time to get the paper work done
dont do any dna testing until asked by the consulate
you dont want to pay more than once for the process
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


The contents of this webpage are copyright © 1996-2008.  DR1. All Rights Reserved.

Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO