Jen123
1/31/2011 12:36 EST
Hello,
I have a friend that is American and her mother married a Kuwaiti man through "an informal Islamic marriage" in the U.S.
Unfortunately, she lost the proof of the marriage. I was wondering if my friend is eligible for citizenship in Kuwait or not?
I am aware of the decree that if someone's father is Kuwaiti, they automatically get citizenship. What about someone who doesn't have proof of marriage?
Do you know if they are eligible or not? If so, what are the procedures of such a process?
Thank you
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inQ8since91
2/1/2011 07:57 EST
Does your friend have a father's name on her birth certificate? Can she get one?
Citizenship is passed down from the father automatically to the child. The father cannot stop that.
Children born out of a 'temporary marriage' are the legal hiers of the father. With or without a marriage certificate. What is more important is the birth certificate.
Barring a father's name on a birth certificate the mother and child could appeal for DNA tests or support. The mother and child would have to file a case in Kuwait - unless the father confesses and takes responsibility.
Steps in order
Find the birth certificate.
Ask the father to claim the child.
File a case in Kuwait court.
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Jen123
2/1/2011 22:14 EST
Thank you very much for your response.
Well it seems like her story is a little more complicated. She said that she has access to a birth certificate, as she is an American. However, another man vouched he was her father at her birth so she doesn't live with the shame of not having a father. But they are all aware who is her blood father. Her blood father keeps in contact with her and is aware that he is indeed her father. However, he is trying to avoid having the shame on him insisting that she cannot get citizenship since there is no proof of marriage.
She is overwhelmed at dealing with all of this in Kuwait and wants to go there to claim her right. But doesn't know how to go about it as the American system is different.
Where would she go to make this claim?
I really feel bad for and feel this is unjust.
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inQ8since91
2/2/2011 04:36 EST
she and her mother and potentially the man whose name is one the birth certificate as the father should come to kuwait, see a kuwaiti lawyer and file a case
retaining fee for the lawyer would be over 3,000usd
total case cost 10,000usd
unless the actual father confesses and claims the daughter and files her as a daughter in the kuwaiti system - he will need a birth certificate to do so - not a marriage certificate
he would have to do that at the office of births and deaths in hawalli in kuwait
a marriage certificate I SAY AGAIN is not as important as the father's name on the birth certificate
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inQ8since91
2/2/2011 04:41 EST
a shi'a temporary marriage has no shame for shi'a muslims
it's codified in kuwaiti law which has different laws for sunni and shi'a muslims
maybe he was a sunni who wanted 'a girl friend' in the usa and 'married' her as if he were a shi'a - a lawyer would help him figure that one out
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Jen123
2/2/2011 12:52 EST
Thanks very much for your assistance.
Well the blood father is indeed Shia, so that clarifies the situation a little.
However, the main concern is her birth certificate since it has the "alleged" father's name that refuses to assist in the process.
If the blood father admitted that she is indeed his daughter with the given situation of the birth certificate, would they need to still go through court?
Do you know if the government conducts blood tests in such situations?
Are there any particular attorneys you recommend to contact?
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ummfaisal
7/15/2012 15:34 EST
I have been dealing with a similar situation for nearly 20 years, and I can tell you that it is a long and complex process. Even with certified copies of (american) marriage and birth certificates that were long ago authenticated by the Ministry of Interior, complete with divorce documentation from a Kuwaiti divorce, it is an uphill battle. My children (now adults) have been in their father's employment and social file for 20 years and they are still fighting for their rights, even after (required) DNA tests. For reasons only he knows, when he put the kids in his employment/social file and had their civil id's issued (to collect the monthly allowance on them) he listed them as "non kuwaiti," making it necessary for them to prove otherwise. Even armed with documentation from the Kuwait Embassy in DC dating from Saddam Hussein's occupation of Kuwait, we are still fighting for their recognition Please don't be misled into thinking you just need to present a few papers, do the mandatory DNA blood test and that's all there is to it. Plan to spend at least a year in Kuwait.
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ummfaisal
7/15/2012 15:53 EST
By law, the children of a Kuwait father are considered citizens of Kuwait, but the practical reality, even when fully documented, is much different. Fathers can do a lot to complicate the situation, so be prepared for a protracted legal battle. My kids even produced "emergency travel documents" issued by the Kuwait embassy in DC when they were advised that it is "illegal for citizens of Kuwait to travel to Kuwait on foreign passports" and it didn't help their case because of his shenanigans, such as having their civil id's issued to "non-Kuwait's" even though they are in his social/employment file and he receives an allowance for them because he is a government employee! This is all legally recorded and documented, but it is taking a LONG time to undo the damage he did to his kids.
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