Any indian expats in brazil who veryrecently married brazilian spouse

Hello Bala Mohan,

If all else fails, when the chlid or children are born, your fiancee can register them in your name if you provide a notarized declaration of paternity. Then you can apply for a VITUR Tourist Visa and then come to Brazil. Once you arrive here you can apply for permanency based on having a Braziian child. It's much easier than applying based on marriage. Just note that applications based on having a Brazilian child can ONLY be made in Brazil, you can't apply on these grounds from abroad.

Cheers,
James   Expat-blog Experts Team

Oh...Mr.James...
thank you sir.thank you verymuch,you are at my help at every obstacle.
Again  how to provide notarized declaration of paternity.do i need to get it done in brazil or india.
what should be exactly mentioned in it.
Is a notarised document from india suffice or do it again needs to be authenticated and apostilled in indian consulado de brasil?
Or is it okay if i ask my fiance to prepare the notary in brazil and send it to me for signatures.if yes how it will be accepted as i do not sign infront of any official persons.
And do i need to prove medically that the child is mine before submitting the affidavit?if yes then how it shoud be done?
Please kindy provide me the exact process of submitting this document.?if i could get a sample or a scanned copy of any such document will be of great help to me.
How much time does it take for permanency after application based ono having a brazilian child?as i am an indian the VITUR i get will be only a single entry 90 days stay visa.is it enough for applying the VIPER based on having brazilian child?
What all documents are required for the same .and could you please tell me the process of applying the VIPER based on having a brazilian child.

Thank you sir.
Bala Mohan

A "Declaração de Reconhecimento de Paternidade", obviously will need to be written in Portuguese, otherwise it would involve the extra costs of having it officially translated here in Brazil by a sworn translator.

It would need to be notarized, and I would strongly recommend that if possible, that be done at the Consulado-Geral do Brasil rather than at a regular notary. However a regular notary should suffice.

A model of the "Reconhecimento" can be found at the site linked below:

http://www.cartoriovalinhos.com.br/form … 0MENOR.pdf

All of the information regarding location, etc. should be changed for what is your information, but this form should be sufficient. Just need to fill out all the appropriate information and notarize it. The mother then would turn it over to the Cartório when she registers the birth.  I would recommend that you have her fill out the information since she understands Portuguese, send you the prepared form and then you can have it notarized and send it back to her before she registers the birth. Time would be critical since she has 45 days to register as far as I know.

Cheers,
James      Expat-blog Experts Team

Hello Mr.James,
    In your reply you told about 45 days for registration.from what point this 45 days time is counted?
   Please clarify me sir.as per your information,i just have to sign the reconhecimento which is filled by my fiance and notarised in brazil.then i have to get it renotarised in brazilian consulate in india and send it back to her.am i right?
Or i just need to sign the filled document take it to consulate and get it notarised and send it to brazil for registraion.in the second case without authentication of my wifes signature by notary i dont think the consulate will accept the document for legalisation.
Please clarify.

Thank you sir,
bala mohan

The mother has 45 days from the date of birth to register the birth.

Since you are the one making the declaration, it does not need to be notarized in Brazil (in fact it can't be). You sign it and have it notarized on your end.

The reason that it's going to be very tightly scheduled is that the declaration is going to need to have the name(s) of the child(ren) you are recognizing. So that will need to be done following the birth, and then the documents rushed to you by courier to be signed and notarized. Then you'll have to courier them back to her so she can register the children.

Please note that it is ABSOLUTELY IMPERATIVE that ALL NAMES (yours, your parents, the child(ren), MUST BE COMPLETE AND WITHOUT ANY SPELLING ERRORS. If any errors get made on such documents they can only be corrected by a very lengthy and complex court process.

Cheers,
James    Expat-blog Experts Team

Thanks for the clarification Mr.James,
       what will be the process of registration of childs birth if i am present in brazil within the 45 days period after childs birth.as i am an indian and in any case will be still unmarried to my brazilian fiance legally.what obstacles could i expect.

And in other case what if i am not able to either send my notarised affidavit or not able to present physically within 45 days time after childs birth.is it not possible to register in a later time.
and for that do i need to go for medical tests to prove my paternity?

thank you,
bala mohan

You will simply attend the Cartório with the mother when she registers the birth(s) and declare in the presence of the notary there that you're the father. You will provide them with all the same information that is contained in the model declaration, present your passport and ID and then you will be registered as the father. You may then apply immediately for permanency, and in the case of spouse of a Brazilian or parent of a Brazilian child that is in your care and custody (or financially dependent upon you) it doesn't even matter if you apply after your visa stay has expired, the Federal Police will accept your application anyway. If your visa has expired you may be asked to pay the small overstay fine, but that's a very minor detail.

Cheers,
James    Expat-blog Experts Team

Hello Mr.James,
  can you tell me what will be my option of registering my name for the childs father if i fail to present physically or even to submit the notarised document within the 45day period of childs birth.

thank you,
bala mohan

In that even the child(ren) would be registered ONLY in the mother's name. You could go through the process of "Reconhecimento de Paternidade" at a later date and it would involve the same documents as above. However it would need to be ratified by a judge. The process of the court sanction of the registration and issuing of Birth Certificates bearing the new name(s) for the child(ren) would take about a month or two. The mother would need to verify with the Cartório if it is possible for the Reconhecimento de Paternidade can be done with a father who is outside the country AFTER they have been initially registered.

The very least complicated way to register the child(ren) would be if you can make every possible effort to attend the Cartório with their mother.

Cheers,
James    Expat-blog Experts Team

Hello Mr.James,
My fiancé has approached a cartorio in paranagua for enquiring about registration of fathers name in his absence as in my case.They asked her  to bring the following documents.
1. Fathers original date of birth certificate with translation in Portuguese by a legal translator in Brazil,
2.passport copy,
3.power of attorney to authorize the mother of child for registration of birth of babies
All above to be submitted with an application form.
And also they are telling that she can register my name as father in no less than 12years from birth of child.

Now this information is contrary to what we have discussed before with you.
My date of birth certificate I can send it from India after I get it apostilled by Brazil embassy in India.but power of attorney I get it prepared in India,so does it need to be apostilled again by Brazil consulate or not.

Thanks,
Bala mohan

Hello Mr.James,Good day.
    can you please give me any format of "power of attorney document" from me to the mother of my child(my fiance) which is required for registration of child birth in brazil.i am getting this document prepared in india and get it apostilled by brazil embassy before i send it to brazil.the document writer in india is asking for any specific format is required for the same.my fiance approached the nearest cartoeio but it was of no use.kindly advise.
                   thanking you sir.
-bala mohan

Hello,

Since your situation is rather unusual it would be necessary for your wife to consult a lawyer here in Brazil to have him/her make up a Procuração (Power of Attorney), since it is not only going to be necessary to authorize her to register the child, but also you would have to declare paternity in the same document. Perhaps she could get the Cartório to prepare a model, that would also be something to ask about.

Unfortunately the only model available on the internet is for children that have previously been registered only in the name of the mother.

Cheers,
James
expat.com Experts Team