Thursday, December 4, 2008

Paternity immigration question, Costa Rica

Question from a reader:

My half sister was born in Peru. Her dad also my dad is costarican her mom is peruvian. She (my sister) has been living here in CR for 13 years now but my dad is a punk and doesn't want to help her because he only cares about his 3rd wifes´ family and himself. So now my little sister is 19 and she hasn't been able to get her CR cédula because my punk dad cant take the time to go with her to sign the paper at the Registro so she can get her cédula. She now has a daughter that was born here and is almost a year old and her boyfriend is a little kid and they are not going to get married. So i just want to ask. Is there anything else she can do to get her cédula or can i sign anything for her being her big brother or can our grandma sign anything so that she can be a legal Costa Rican? After all, she is half costa rican!
Answer :
Hello Yes, your sister as well as you are entitled to costarrican citizenship through her/your fathers nationality.But if he refuses to have her registered or accepts being the father then she will have to do another procedure to prove that she is his daughter.
This process is called a paternity investigation and is done through an attorney and through the courts in Costa Rica.
I have done many of these procedures and in the court process a DNA test is applied for, if he does not show up for the test after a couple of dates he will be considered the father of your sister along with tall the rights and obligations that that entails.After the Judgement is obtained it then is registered, finally after it is registered your sister will have costarrican citizenship.
This however must be done before her 26 birthday !!!!!!!The sooner the better,
I know it might seem like a complicated procedure but it really isn´t, it involves three procedures that are not that complicated.
Another option is to do a paternity acceptance with a Lawyer and have him sign the Lawyers protocol book where the original document of paternity is done by the Lawyer and then registered.
Many times a father will not want to go register as the father of his son or daughter if they are under 24 years old because of the possibility of having to pay for child support, so they wait until the child is over that age, but if they were not born in Costa Rica then it will be more complicated to obtain costarrican citizenship for the son or daughter.
If you would like more information or representation you can contact our offices at
(506)8-841-0007, (506)2-221-9462or at

Lic.Gregory Kearney Lawson.

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