Interim Decision #1519 

MATTER or JANCAR 

In Visa Petition Proceedings 

A-13512978 

Decided by Board November 2, 1985 

Since under the law of Yugoslavia an illegitimate child may be legitimated 

by acknowledgment of the natural fatten a child born out of wedlock in 

1944 in Yugoslavia, whose birth certificate establishes such acknowledgment 

In 1944 and reflects confirmation by her mother of the statement of acknowledgment, is, -in relation to her natural father, a' child within the meaning 

of either section 101(b) (1) (A) or (0) of the Inimisration and Nationality 

Act, as amended,,and is, therefore, eligibletfor preference quota status under 

section 208(a) (3) of the Act. 

The case comes dorward on appeal from the order of the District 

Director, Cleveland, Ohio, dated May18, 1965, denying the visa petition for the reason that an illegitimate child derives no status, 

privilege or benefit under the Immigration and Nationality Act 

from or through the relationship of the child to its putative father. 

The petitioner, a native and citizen of Yugoslavia, a- permanent 

resident alien since December 28, 1950, 52 years old, male, seeks preference quota status under section 203(a) (3) of the Immigration and 

Nationality Act on behalf of his unmarried illegitimate daughter, a 

native and citizen of Yugoslavia, 21 years old. In support of the 

visa petition there has been submitted a Yugoslavian birth certificate 

showing the beneficiary's mother as Matilda Jancar and bearing a 

notation that the petitioner on. July 14, 1944 signed a statement at 

the local Youth Center in the district of Radgona that he is the 

child's father and that the child's mother confirmed the statement. 

In connection with the appeal the petitioner states , at the time of his 

daughter's birth, he was threatened with:mobilization into the German Army and was in hiding. In 1945, fearing Communist persecution he fled the country never to return again, thus preventing him 

from marrying his daughter's mother. He States that he brought 

the beneficiary here as soon as he was comfortably settled and had 

his own home; that the beneficiary is his only heir and he has willed 

all his estate to her. 

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On the date of October 1, 1965 the District Director, Cleveland 

District, after reference to material furnished by the Library of 

Congress dated September 8, 1965 has concluded that no change 

should be made in his original decision. Ile 'concludes "a status sim, 

to that, of a child born in wedlock" would not appear, to meet ilar 

the demands of "definitions",with reference to the requirements of 

section 101(b) (1) (A) nor have the requirements of section 101(b) 

(1) (C) with reference to custody been met as the subject was not in 

custody of the legitimating parent until after her eighteenth birthday since the beneficiary's only entry into the United States on December 10, 1904 was effected when she was 20 yea= of age. The 

issue, then is whether the act of acknowledgment of paternity by the 

father legitimated the beneficiary under Yugoslavian Law. 

The file contains a report dated September .3, 1965, entitled 

"Acknowledgment and Legitimation of a child -born out- of wedlock 

under Yugoslav Law," prepared by a Doctor Fran Gjupanovich, of 

the European Law Division of the Library of Congress. We shall 

deal with the pertinent portions of this report. -% 

The new socialist system introduced - in Yugoslavia by the 1946 

Constitution paid special attention to childien born out of wedlock. 

Under the Constitution of 1946, Article 26, as well as under.that of 

1963 Article 58, now in force, children born out of wedlock are considered equal to those born in wedlock with respect to tkeir rights 

and duties toward their parents and the fights and duties of the 

parents toward them. The term "legitimate" and "illegitimate" are 

no longer used in domestic relations legislation. In order for a 

child born out of wedlock to realize its rights, its-extramarital paternity must be established. This may be effected. either through a 

voluntary acknowledgment. of paternity or through a, court action 

'declaring it. The principle governing the status of a child born out 

of wedlock has been fully implemented by the La* of December 1, 

1947, on Parent and Child Relations. . - 

Acknowledgment as an institution creating rights and duties 

between a child and the natural father, as established in the 1947 

Law, was unknown under the Austrian Civil Code of 1811 which 

dealt- only with the evidence in proving extramarital paternity for 

the sole purpose of the child's support. The ,provisions of the Austrian Civil Code of 1811 were repealed by the enactment of the 1947 

Lam 'on Parent and.Child Relations. litisuant to section 43 of the 

same Law, the provisions of this Law —were also to apply to cases 

involving parent and child relations, which had arisen before the 

coming into force of the said Law, provided, however, no final decision was rendered befoie the 1917 Law 'became effective. The provi866 
• Interim Decision #1519 

sions on legitimation under the Austrian Civil Code of 1811 and 

.under the 1947 Law on Parent and Child Relations both provided 

for legitimation, under certain circumstances, either by the subsequent marriage of the parents or by court decree, the illegitimate 

child thereby acquiring the status of a child born in wedlock. 

The 1947 Law provides that the establishment of paternity is 

admissible and that extramarital paternity may be established by the 

voluntary acknowledgment of the natural father or in a court action 

by final decree (sections 4 and 24). The person who admits that 

he is the father of a child born out of wedlock is considered as such 

' (section 24, paragraph I). Acknowledgment of paternity on the part 

of the father is a unilateral act which becomes effective when the 

child's mother agrees to it (section 24, paragraph 3). Acknowledgment of paternity, in order to be effective, must be made in a form 

prescribed by law. Therefore, the father may acknoWledge the 

child either before a registrar, in a public document, or in his will 

(section 24, paragraph 2). The 1947 Law requires no other formal-' 

ity for the acknowledgment before the registrar. According to an 

authority, the father makes the statement of acknowledgment personally before the registrar, either immediately after the birth of 

the child or at any time later. The registration in the public records 

of births is conclusive evidence of the acknowledgment and is irrevocable. 

. Acknowledgment of paternity has retroactive effect and is effective 

with respect to everyone. Family relations thenceforth exist between 

the child and the natural father. Both the father and the mother 

exercise parental power over the child. The child acquires the family name of its mother, but it may take that of its father provided 

the parents agree upon it. 

In summary, under the law now in force in Yugoslavia, a child 

born out of wedlock may acquire the status or a status similar to 

that of a child born in wedlock by three methods, i.e, legitimation 

by subsequent marriage, by court decree, or by acknowledgment of 

the natural father. A child born out of wedlock before the enactment of the 1947 Law on Parent and Child Relations may be 

acknowledged only in accordance with the provisions of this Law if 

no final decree on the matter was rendered before the 1947 Law 

became effective. The report concludes that it is not possible to find 

any cases or authoritative comment on how today's Yugoslav courts 

would specifically interpret the rights and duties arising from an 

acknowledgment under the old law-. There ia, however, ease law 

which shows an inclination on the part of present-day courts to 

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Interim Decision #1519 • 

adjudicate under the 1947 Law the content of parent and child relations which Were formalized under the old law. 

It therefore appears from the report of the Library of Congress 

that under the law now in force in Yugoslavia, a child born out of 

wedlock' may acquire the status or a status similar to that of a child 

born in wedlock by three methods: legitimation by subsequent marriage court decree; and by acknowledgment of the natural father. 

The Service 'has seized upon the phrase "status similar to that of a 

child born. in Wedlock" in order to predicate its denial. An examine- , 

 iion of the report indicates that this phrase was inserted only because 

the inheritance rights of an acknowledged. child` as compared to a 

child born in wedlock may differ in the various Yugoslav jurisdictions. However the report reiterates several times that legitimation 

through acknowledgment of paternity is effective with respect to 

everyone; that family relations thenqlorth exist between the child 

:and the natural father; and that both the father and the mother 

exercise parental power over the child. Summarizing, the report 

concludes acknowledgment by the natural father is one of the three 

methods of, legitimation of a child born out of -wedlock the other 

two being subsequent marriage of the parents or court decree. 

The birth certificate establishes that the father acknowledged the 

child. on July 14, 1944-and that the child's mother confirmed the 

statement of acknowledgment. It therefore appears that ever since 

the beneficiary was five months old, the petitioner has regarded her 

as his child. The beneficiary appears to meet the requirements of • 

either section 141(b) (1) (A) or (C) of the Immigration and Nationality Act? Under the Yugoslav Law, the beneficiary is the legitimate child of the petitioner. The appeal will be sustained and the 

petition approved. 

ORDER: It is ordered that the appeal be sustained and the peti-

' tiOn be approved for preference quota status under section 2.03(a) 

(3)of the Immigration and Nationality Act. 

I Similar conclusions were reached after the introduction of the Communist 

or 'Socialist systems In the following cases: Matter of Galling, 9 & N. Dee. 

518 (1981)—Hungery; Matter of Zrzyewelci. 8 L & N: Dec. 73 (1958)—Poland; 

unreirrted Matter of Pajor, A-14192231 (Horeb 38, 1965) —Itumanian. 

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