How does a Filipino baby enter Spain?

My wife will become the mother of a Filipino boy in September. She is a Spanish resident, what steps have to be made to bring the baby to Spain?

Once the baby is in Spain how do i make myself the father (the baby does not have my DNA) - perhaps Guardianship will be easier.

I am a Spanish resident under the British deal pre Brexit and i am a French citizen

Suppose the question is where will baby be born.

If you have french citizenship then I suspect EU freedom of movement is the way as would be family member. Best case son, worst case stepson.

If going to register yourself as the father on birth certificate which is legitmate assumption if married at birth and depending on country is law then potential for baby to have french citizenship from birth assuming do correct paperwork. If born in philippines I believe by law as married you are legally the father.

After two years legally living in spain with filipino citizenship then potential to apply for spanish citizenship.

Have the baby in france and potential for french citizenship from birth as child of french citizen.

Think lots of options but more detail required on plans for birth.

Are you saying your wife is adopting he child and becoming the boys mother or is your wife carrying another mans child?

In this case an arrangement has been made with a family member, and my wife through a lawyer will become the mother of the baby, which is already born. I cannot assume the father role in the Philippines as the baby is a filipino.

Probably adoption within the eyes of the Spanish is first step, what is your lawyer advising?
Won’t the Spanish social services also get involved down the line?

I think need to be clear on what the legal situation is within the philippines first. From the description and fact lawyer is involved most likely scenario is domestic adoption where will end up with a legal birth certificate naming your wife as the mother. If it is legal adoption then not sure why you can't be party to it and named on birth certificate. Reading below if within the 4th degree then you don't need the residency requirement but not gone through in detail.

https://lawphil.net/statutes/repacts/ra2022/ra_11642_2022.html

In terms of your original question easiest option I believe is to use your french citizenship and eu free movement rights and apply for visa on the basis of the child being the step child of an EU citizen (you). When we where back in EU believe that would have worked if living in UK but you were an EU citizen and not british.

Worth also looking into spanish citizenship rules as after two years in country as a filipino then should be able to apply for spanish citizenship for child.

I would look into step parent adoption in spain once child is there as probably the best route to ensuring the child's future in case anything happened to you or your wife. Assumes that you want to take child on as yours. Probably easier if wife or child has Spanish citizenship when doing but may be possible to do even without. Chat with spanish social services may be useful.

In response to the thread title:

In a pram
Sorry, couldn't resist.

Back on topic!
Larry @CatchFriday this link may be a good in sight as a start point to what you can and cannot do,in case of conflicts etc iss your wife dual citizen?

https://www.kbf.ph/services/adoption/

I will keep you guys updated - I'm almost 70! And about to get a howler ! crying baby!

Well done, back on topic
I am 66 with a twelve year old and an eleven year old and I am shattered most of the time
I did have a heart attack though which had a big effect on my stamina.

My wife is in the Philippines in September and we have the choice of a 4 month old baby, where she is the mother - the baby is a boy or a newborn girl in September. Somehow i am thinking its more real if she receives the baby when she is there.

Aposhark we have friends staying with us - he is aged 66 with two well-behaved children - twins of 12.

I never have had children as didn't have any sperm - maybe from mumps.? As a nurse i have worked on pediatrics before.

Looks like you will embark on the changeable seas of fatherhood soon, Larry. The seas are mostly calm thankfully.
In my experience it is the most rewarding feeling that we can have in life. There's nothing even comparable and you will fall in love with the little one very quickly.
I wish you all the luck and happiness that life can offer you in the next part of your life, soon.
My twelve year old son sleeps with me a lot as my wife often works nights.
I did alot of the nappy changing too back in the day but now I just get loads of hugs but no more kisses as he dropped that a few years ago
What an adventure for you and your wife

Survival in the beginning will be on €1,600 for my wife and I, and one or two babies. I own my house

My wife is a Spanish resident and Filipino citizen. As I am an EU Citizen (French) the babies will not need visas to come to Spain and be reunited with me (as family)/

I cannot stress this highly enough. Firstly, you will need to show that you have been providing support to your wife. As a French citizen, living in Spain and exercising your right to free movement, your DIRECT family members derive their right by way of the familial link, but keep some records of regular amounts being transferred to her. 2004/38/EC

The problem is that the Spaniards may decide that the child, not being a blood relative, has no link with you and would therefore be an INDIRECT family member at best, and as such, under a different EU Directive - at least that was the dastardly trick that they tried with us. If this is the case, I think that you would need to prove that you have been supporting at least the child, and possibly both, for a period not less than twelve months prior to the application.

I would encourage you to get clarification from a lawyer experienced in such matters. Having had to fight tooth and nail with the Ministerio in the past, to get my wife into Spain, I can assure you that I could have cut a year off the waiting by not being kuripot, and chucking a few euros at the problem.

First off i made Spanish residence under my British passport in 2019 and then married my wife in Spain, and paid for the whole procedure. My wife then became a Spanish resident because of our marriage. My wife got the TIE in 2021 and I am just about to get it in about two weeks. I am dual national with France. I placed the house I bought in both our names.

We haven't got the baby yet and my wife is going home to the Philippines in a few months time. The baby will then go in her names as the mother, and then in 6 months time we will bring the baby here.

I am just working this out first. Making the enquires as the info will be useful.

I noticed this info:
"Is a child French if one of his parents is French?
A child is French by birth, i.e by parentage, if at least one of his parents is French.
Never mind that the child either born in France or abroad.
And never mind that the parents either married or not, provided that the child's filiation is legally established in respect of the French parent.
The nationality of a parent is established the day of birth of the child and during his minority.
The child's French nationality remains acquired even if his filiation is disputed after his majority".

This is useful advice, thank you. Until my wife's name is on the birth certificate we cannot do much.

You have all given very useful advice, and I have talked this over with my wife - we will go down the legal route of adoption, and in September when she is there she will start the process. we reckon it will take at least a year.

Be careful with adoption. It is quite complicated with an international dimension. Worth getting legal advice on it. We did step parent adoption in UK and still got caught out with some of querks - changed surname and as adoption done in UK not recognised in philippines for change of surname and hence passport with new surname and UK is problem when applying for passport and having passport in another name. We got passport in the end but may still be problem when have to renew. One reason why I havent renewed the philippines passport.

Philippines if I remember correctly has two routes - one domestic and the other international. That said as your wife is filipina think you can go down the domestic route. If going down the adoption route then can probably get you listed as father. Question then is whether accepted by france for citizenship if done domestically in philippines as most countries want the international adoption certificate.

Whilst domestic adoption will sort the birth certificate as I understand when requesting a birth certificate in philippines after adoption you just get a new birth certificate as opposed to UK where it is an adoption certificate. If then applying for UK passport on basis of the philippines birth certificate you then run into problems if I remember correctly in that they want various paperwork associated with birth.

https://www.notaires.fr/en/couple-family/adoption/conditions-adoption-france

Names - they're not so important, when i married my wife in Spain - she was a widow and on all her id docs had her former spouse's name. She is still known by it! As the Spanish do not change the woman's name to that of the new husband's surname.

She wants the baby more than i do, but I'll just go along, we've got a long way to go on this journey yet. As ahe has just been offered in her job in the UK £40,000 a year as a caregiver.

In the UK they failed me, while back as a potential foster parent, as i am straight, and only understanding male and female and none of the gender nonsense.

I am not planning to go back to the UK ever! I prefer Spain, the French nationality has only been useful after brexit. If the plans for a baby occur then he would in time become Spanish

So the price of this child, just went up to £2000, and my wife isn't even there yet ! So what i would like to know is the official adoption process. The cost factor and have any of you been through this process?