Petitioning a child from an adulterous relationship

Dear Attorney Gurfinkel:

I am a US citizen. I discovered that when my husband went back to the Philippines a few years ago, he got a woman pregnant and is now the father of a young child. I have already forgiven him, and I don’t blame the child for my husband’s lapses. Is there a way to bring that child to the US, even though it is not my child?

Very truly yours,

HC

Dear HC:

If a child is born during a marriage, even if the result of an adulterous relationship, it is possible to petition that child as a stepchild, provided the requirements are met.

• The couple must have been married before the child’s 18th birthday.

• No need to adopt a child, as the child will be petitioned as a stepchild, not an adopted child.

• If the child is illegitimate, the father should have provided some care and support of the child while the child was a minor.

• If you are a US citizen, the petition should be filed before the child’s 21st birthday.

I would also suggest that before starting, you may want to do DNA testing. I have one situation where the wife was willing to petition the husband’s child from another woman, but the DNA results showed that he was NOT the father. Apparently, the mistress had several misters. Since this was not the husband’s biological child, there was no step relationship.

If this situation applies to you and you are interested, I would recommend that you consult with an attorney to ensure the requirements are met and the attorney can help prepare the petition and other necessary paperwork and proofs.

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