The Joint Affidavit of Legitimation serves as a crucial legal instrument in Hong Kong's family law framework. It is required when parents who have had a child before marriage subsequently marry and wish to legitimate their child's status. This document is particularly important as it affects the child's legal rights, inheritance status, and official documentation. The affidavit must be executed in accordance with Hong Kong's Parent and Child Ordinance (Cap. 429) and must include specific details about the parents, the child, and the parents' marriage. Supporting documentation must be attached to verify the statements made in the affidavit. The document can have significant implications for various aspects of the child's life, including education, healthcare, and future legal matters. It's typically processed through the Hong Kong Birth Registry and may require professional legal assistance to ensure proper execution.
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1. Title and Introduction: Formal title of the affidavit and jurisdiction statement
2. Deponents' Information: Full names, HKID/Passport numbers, occupations, and addresses of both parents making the affidavit
3. Child's Details: Full name, date and place of birth, and current birth certificate details of the child to be legitimated
4. Marriage Details: Information about the parents' marriage, including date, place, and registration details
5. Declaration of Parentage: Formal declaration confirming that the deponents are the natural parents of the child
6. Declaration of No Prior Marriage: Statement confirming that neither parent was married to another person at the time of the child's birth
7. Request for Legitimation: Formal request for the child to be legitimated under Hong Kong law
8. Truth Statement: Standard declaration that the contents of the affidavit are true and accurate
9. Execution Block: Space for signatures, dates, and notarization details
1. Previous Marriage History: Required if either parent was previously married and divorced - includes details of previous marriages and divorces
2. Foreign Law Statement: Required if the child was born overseas or if either parent is a foreign national - includes relevant foreign law considerations
3. Guardian Consent: Required if any existing legal guardian needs to consent to the legitimation
4. Additional Children: Required if multiple children are being legitimated in the same affidavit
5. Special Circumstances: Required for explaining any unusual circumstances affecting the legitimation process
1. Schedule A - Birth Certificate: Certified copy of the child's current birth certificate
2. Schedule B - Marriage Certificate: Certified copy of the parents' marriage certificate
3. Schedule C - Identity Documents: Copies of both parents' HKID cards or passports
4. Schedule D - Supporting Documents: Any additional documents supporting the legitimation claim (e.g., baptism certificates, school records)
5. Schedule E - Translation Certificates: Certified translations of any documents not in English or Chinese
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