Please HELP!!!
Can a child born to an unmarried US citizen get child support from his biological father if the father has abandoned the child? What about the rights of the child to become a US citizen when the father does not want to recognize the child though the DNA proves they are related? Can the child file complaint to AIT?
Thank You.
[quote=“BJones”]Please HELP!!!
Can a child born to an unmarried US citizen get child support from his biological father if the father has abandoned the child? What about the rights of the child to become a US citizen when the father does not want to recognize the child though the DNA proves they are related? Can the child file complaint to AIT?
Thank You.[/quote]
The US Immigration and Nationality Act stipulates the following:
[quote]Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
(g) [color=red]a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years[/color]: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date
Hi Tigerman. Thank you for the post. I really appreciate it a lot. Now, of all the details posted I noticed that I have to be in the US to persue the case. But I am here in Taiwan and a noncitizen of the US. What should I do here in Taiwan since my X is not cooperating with me? And He is not registered as the father. Can I get a court order from the local judge or AIT for him to cooperate? Thank You. 
Are you a Taiwan national/citizen?
Well, I’m getting into an area that I am not all that familiar with. I don’t think AIT will help you to get your X to cooperate, but they may be able to provide information and or direction.
As posted above, the provisions of paragraph (g) of section 301 of the US Immigration and Nationality Act apply to a person born out of wedlock if-
quote a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
color=red the person is legitimated under the law of the person’s residence or domicile[/color],
(B) the father acknowledges paternity of the person in writing under oath, or
color=red the paternity of the person is established by adjudication of a competent court.[/color][/quote]
The child’s residence is Taiwan? Perhaps a competent local court would agree (if you are a Taiwan national/citizen) to adjudicate Mr. X’s paternity… and if so willing… it might apply the following local law:
[quote=“Civil Code Book IV Family, Chapter III, Parents and Children, Article 1067”]A child born out of wedlock, or the mother, or other statutory agent may claim acknowledgment from the natural father in any of the following cases:
[color=red]3. Where the mother became conceived through rape or seduction by the natural father…[/color][/quote]
If you can prove that you agreed to have a child because Mr. X seduced you (and I mean in the totality of the meaning of that word… not merely for the act of sexual congress), then perhaps the local court will adjudicate Mr. X’s paternity. You would most likely need to prove that you and Mr. X were dating seriously and or living together during the year prior to your baby’s birth.
Please note that the right under Taiwan law to bring a claim for the adjudication of paternity is extinguished for the child if not exercised within 2 years after reaching the age of majority, or for the mother or statutory agent if not exercised within 7 years after the child’s birth.
As stated above, I am not very familiar with this area of law… [color=red]you need to contact AIT to see what info it can provide and contact a local attorney to ascertain the possibility of having a local court adjudicate the paternity of your child[/color].
In this thread there seems to be the clear indication that the father in question, an American citizen, had sexual intercourse (perhaps more than once, and perhaps in a variety of positions) with a Taiwanese nationality female without any pre-existing marital relationship having been established by the Taiwan District Court or other appropriate United States, or international, tribunal.
I wonder if the woman in question could provide more details on exactly how this situation came about, and other relevant details? This will be useful as I complete my doctoral dissertation on the evolving sexual habits and preferences of the Taiwanese populace here in the 21st century. Thank you.
Tigerman. Thank you for the post again.
Quest. I don’t think I would want to be your experiment or study just for you to make your doctoral dissertation complete, so excuse me if I do not give relevant details. :x
You’re welcome. I hope it helps.
I suppose the other way, and this might actually be easier, would be to sue Mr. X in the county court having jurisdiction over the county where Mr. X lives.
I don’t think you would actually need to go to the USA to do this… however, you would need to know in which county in the US Mr. X resides and you would need to contact an attorney practicing family law in that county for assistance. I suppose too, that if you were able to determine paternity of Mr. X in that court, then you could procede easily with the immigration issue. Of course, you would need to contact an attorney practicing US immigration law.
In any event, I think that if you can determine paternity in a US court, you can request that court to order Mr. X to make child support payments (regardless of the child’s citizenship status).
I know that you haven’t asked, nor even implied an interest in this issue, but for your information… in the event that your child obtains US citizenship, you will not be able to apply for US permanent residency (PR) status based on your child’s US citizenship status… until your child reaches the age of 21 years… at which time he/she can file a petition on your behalf for US PR status. This restriction, I assume, is to prevent foreign nationals from traveling to the US to give birth and then seeking US PR status based on their childrens’ US citizenship status.