Laos fiancée - her child's VISA and adoption

[flashpanther]

Hello,

My wife/fiancée is from Laos. I have visited her regular now to the point of a wedding ceremony.

Our next step is to apply for a Visitor VISA to UK on my next return to her.

She has a 4 year old child. Is there anything we need to do to get permission for the child to join us in UK for 2.5 months?

I would also be applying for a Settlement VISA for the wife and child in the future.

The child's father I believe is named on the birth certificate.

But she has had no contact with the father in nearly 3 years after he physically abused her.

I have even been told recently that he is dead.

Whether that is a figure of speech or true I am working on getting some proof of his death if I can to make the child's VISA application smoother.

May I ask what if the Father is dead but I can not get any proof?

Do I need some proof of death or otherwise the Father's consent for the child to leave the Country? (even if he has nothing to do with the child?).

Under Laos law (or UK) can I legally (once married on paper officially) adopted her daughter so I am her Father and not just Step Father?

Especially if her real Father is dead. I am going to move mountains so the child will join me and my wife/fiancée in the UK. I want the child to share my surname.

Law Laos and complex info on VISAs for Laos spouses and their children is very sparse on the Internet. I also worry about going to Laos with them and asking officials anywhere in Vientiane due to the strict laws against western men being with Laos woman if not officially recognised as married under the difficult process Laos law requires.

Please help.

Andrew

[bchantha]

Found some Family laws for Laos you might like. Not sure if has been revised.Here are some that pretain to your questions. And hope it helps. Nothing in there mentioned anything about not being able to adopt a child if you are legally remarried. You may want check a little bit more into this.

Article 3. Freedom to Marry

Men and women who have attained the age of marriage have the right to marry on the basis of mutual consent, freedom and love. It is forbidden to force or hinder another individual’s marriage.

Now you mentioned that the ex husband has not been in contact with her for more than three years or dead?

Did she get a divorce? If she did did the court order who would be the custodian of the child?

Article 20. Causes of Divorce

The husband or wife may ask for a divorce based on any of the following reasons:

1. Adultery;
2. Use of violence or gross insults against each other or against parents or relatives, or [behaviour evidencing a] seriously inappropriate attitude making co-habitation impossible (such as regular drinking or gambling);
3. Abandoning the family without informing them or without sending news or goods for the family’s [needs] for more than three years;
4. The husband is definitely a monk or novice or the wife is a white nun;
5. [The spouse has been] convicted of a criminal offence and [the penalty imposed is] imprisonment of more than five years;
6. Dangerous serious disease making co-habitation impossible;
7. Mental illness making co-habitation impossible;
8. Incapacity of sexual act; [and]
9. Incompatibility of spouses making co-habitation impossible.

Article 23. Custody of Children

If a husband and wife do not agree on the custody of children after divorce, the court shall decide whether the father or mother should have custody taking into consideration the children’s interests.

A divorced couple must care for and educate their children. The court shall decide on the child support to be provided until [the children reach] maturity based on agreement between the husband and wife or based on the court’s own decision in the event that agreement cannot be reached between the husband and wife.

Article 38. Conditions for Adoption

Adopted children must be minor children. Adoptive parents must be individuals who have reached the age of maturity and who have not had their parental rights withdrawn.

Adoption of children requires the prior written consent of the adopting married couple and of the children’s natural parents except if [the latter] have had their parental rights withdrawn or have been recognised as incompetent or as disappeared.

If such children have reached the age of ten years, their consent shall also be required.

Article 41. Implications of Adoption

The relationship between adoptive parents and adopted children arises on the day the adoption is registered.

Adopted children must use their adoptive parents’ family name if the latter submit such a request.

Adoptive parents may change their adopted children’s first names if deemed inappropriate. If such children have reached the age of ten years, their name can only be changed with their approval.

I know its a bit lengthy but hope it helps and good luck.

[flashpanther]

Much appreciated. Will read over in detail after work. But she has never been married. He was never her husband. I very much doubt after 3 years she will ever see him again if he isn't dead or even know where he is at all now. Certainly no contact anymore.

[flashpanther]

See insisted he was dead and I didn't want to press the matter anymore. Certainly not just yet. I will research further how it may affect any VISA for the child after i see if his name is on the child's birth certificate as the Father. The 4 year old witnessed the beatings very young and I am told, and seen, this to be true. My fiancée has a scar corner of top lip as a reminder. So I know it is a touchy subject to be handled with care if pressing further.

[steady]

Seems to me that your first issue is to get visitor's visas for your wife and child. This means that in addition to your wife's visa, getting all the paperwork in order proving that the child is being taken care of by mum and that dad is out of the picture. How you do that in Lao, I don't know but in Thailand birth certificates etc., and proof that everyone has a normal family relationship (lives together) plus a Khor Por 14 seems to be enough. Seeing as it is presented to the same embassy - Bangkok, I assume that a very similar process must be followed.

After that is successful would be the time to look at settlement visas, and only after that do you need to consider adoption. As can be seen by many contributors on these forums, it is possible to get visas for step children (without formal adoptions) as long as the UKBA rules are met.