Can I petition my child, who is now my brother?

Dear Attorney Gurfinkel:

When I was young, I got pregnant by my boyfriend. When my child was born, my parents immediately recorded a birth certificate, listing them as the child’s biological “parents,” which would then mean that I became my child’s “sister.” I am now married to an American citizen, and want to be able to bring my child to the US, but don’t know if it’s possible, since all the papers are so messed up. As a mother, it just breaks my heart, and I cry almost every night. Is there any way I or my husband can petition my child; even though his birth certificate makes it seem that I am his sister?

Very truly yours,

 J.M.

Dear J.M.:

I know there are some cases where a young girl gets pregnant, and the parents (the grandparents of the newborn) want to save their daughter from shame and embarrassment, and make it appear that they (the grandparents) are the biological parents. They then simulate a birth certificate, indicating that the lola gave birth at home, with the assistance of a hilot, and then record that birth certificate at the Local Civil Registrar/NSO. 

But now, the real mother, who grew up as the child’s “sister,” wants to reclaim her motherhood, and be reunited with her child, as mother and child, not brother and sister. In fact on my website’s Success Stories, one case is this exact situation, where “sisters” became mother and daughter again. 

With DNA testing, and the proper packaging and presentation of the case, it could be possible to untangle the mess your parents created years ago in trying to protect you, and establish a true mother/child relationship between you and your child.

However, I would definitely seek the assistance of a reputable attorney who can guide you, and properly put together the necessary evidence, proof, and documentation, establishing that you are this child’s mother, not his sister. 

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