Interim Decision #2073 

MATTER OF RAMIREZ 

In Visa Petition Proceedings 

A-19660733 

Decided by Board March, 11, 1971 

Legitimation of beneficiary, who was born out of wedlock, was not accomplished by act of acknowledgment of paternity by the U.S. citizen petitioner in Louisiana in 1970 when he had legitimate children, since, under 

the law of Louisiana, a parent cannot legitimate his natural child by notarial act of acknowledgment when there exist on the part of such parent 

legitimate ascendants or descendants. 

The petitioner appeals the decision of the District Director denying this visa petition filed to accord the beneficiary immediate 

relative status as the child of a United States citizen. The District Director determined that the petitioner failed to establish 

that he married the beneficiary's mother or otherwise legitimated 

he beneficiary in accordance with the provisions of section 

01 (b) (1) (C) . We affirm that decision. 

The petitioner is a native of Honduras who became a naturalcitizen on March 4, 1964. The beneficiary, a native and citien of Honduras, was born on February 5, 1954 in Tela, Atlanda, Honduras, and resides in Honduras. The petitioner never 

iarried the beneficiary's mother. The beneficiary's birth certifiate presented in support of this petition does not mention the faier's name but lists the mother as unmarried and the beneficiary 

her illegitimate son. No evidence was presented of acknowlIgement by the father at the time of birth registration. 

The petitioner's residence is in New Orleans, Louisiana. In 

ipport of the petition, the petitioner submitted an Act of Aclowledgement executed on October 4, 1970 at New Orleans, Louiana, wherein he acknowledges that he is the father of the benejary, that he did not marry the beneficiary's mother, and that 

e beneficiary was born out of wedlock. The petitioner is presitly married. He has eight legitimate children of this present 

arriage and two others by a prior marriage. 

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Interim Decision #2073 

Section 101(b) (1) (C) defines the term "child" to mean a child 

legitimated under the law of the child's residence or domicile, or 

under the law of the father's residence or domicile, whether inside or outside of the United States. Under the Civil Code of Honduras, although there are other legal requirements, legitimation 

can only be accomplished through the marriage of the child's natural parents.' It is, therefore, clear that the beneficiary is not the 

legitimated child under the law of the place of his residence because there was no marriage of the natural mother with the natural father. 

The Louisiana Revised Civil Code provides for the legitimation 

of a child born out of wedlock by the subsequent marriage of the 

natural parents provided the child was formally or informally acknowledged as their child by them before or after the marriage. 2 

 Moreover, a natural father or mother has the power to legitimate 

by a notarial act of acknowledgment, but only the offspring of 

parents who, at the time of conception, could have contracted 

marriage can be legitimated in that manner. However, a parent 

cannot legitimate his natural child by notarial act of acknowledgment, when there exist on the part of such parent legitimate 

ascendants or descendants. 3The fact that this petitioner has at 

least eight legitimate descendants precluded him from accomplishing the beneficiary legitimation through a notarial act of acknowledgment under the laws of Louisiana. 

ORDER: It is ordered that the appeal be and the same is 

hereby dismissed. 

The Code of Honduras, Title XIV, Articles 205-208,276 and 277. 

2Louisiana Revised Civil Code, Article 198. 

3Id. Article 200. 

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