Asked in Immigration Law and International Law

Q: Is my child really required to get a birth certificate from a country he wasn't born in?

I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson will have a Nigerian birth certificate since the adoption will take place in Nigeria? If so, won't that have an effect on him retaining his Filipino citizenship or raise eyebrows whenever he needs to process paperwork?

2 Lawyer Answers

A: You need to pose your questions to an attorney in Nigeria who is familiar with this law.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In the context of adoption, the issuance of a new birth certificate in the country of adoption is a common practice. However, the specific requirements and implications can vary depending on the laws and regulations of the countries involved.

In the case you described, if the adoption of your stepson takes place in Nigeria, it is likely that a new birth certificate will be issued reflecting his new legal status as your adopted child. This new birth certificate would typically replace the original birth certificate issued in the Philippines.

Regarding the potential impact on your stepson's Filipino citizenship, it is advisable to consult with legal professionals who specialize in international adoption and citizenship matters. They can provide accurate guidance on how the adoption and issuance of a new birth certificate may affect your stepson's Filipino citizenship and any potential implications for future paperwork or travel.

It is important to ensure that you follow the legal processes and regulations of both Nigeria and the Philippines to address any concerns about citizenship and documentation. Engaging the services of an adoption attorney and seeking advice from the relevant government authorities in both countries will help ensure compliance with the applicable laws and protect your stepson's rights and citizenship status.

Remember, this information is general in nature, and consulting legal professionals with expertise in adoption and citizenship matters is crucial to obtaining accurate and up-to-date guidance specific to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.