LEGAL matters for SINGLE parents

[mala_in_se]

you can try to allege psychological violence by trying to induce you to carry out an abortion, but there is no similar case decided yet by the supreme court.

if there is intentional infliction of stress, then it can arguably be also covered by ra 9262, but definitely not for unintentional abortion which requires the element of physical violence.

[officer]

i'm a 32 yr.old single mom,my 14monthold son is using my surname and is not recognized by his biological father. I am getting married (Marriage for Convenience)this coming summer, i wanted my fiance's name on my son's birthcert in exchange of marriage so he can have a immigrant visa here in Philippines. We know that adoption is kinda expensive and long process. Is it possible/legal if instead of adoption,he will just get ''acknowlegment of paternity'' I'm afraid that they might ask for DNA if a applied for my kid's visa for travel in UK. All i want is my son's best interest even if it takes my marital status, i dont intend to marry anyways. What i want for him is a Surname he can use so he can avoid social embarrassment. Please try to enlighten my mind.
Thank you

[adiposethoughts]

Question po. (not for single parents pero di ko makita yun isang thread pa help na rin lang)

Married si girl tas naghiwalay sila ng asawa niya pero no legal separation.

Wala na naman silang pakialamanan nung legal husband.

Nabuntis si girl ng long time bf niya. Manganganak na siya ngayon.

Anong middle name ang dapat gamitin ng bata? Yung last name OK lang daw na maging last name nun bf.


Thank you.

[F-A Soldier]

I thought you could name your child whatever you want?

[adiposethoughts]

I thought you could name your child whatever you want?

Para sakin ba ang tanong na to FA?

Musta? Happy new year!

[mala_in_se]

officer, i don't recommend you do it. that may be considered the crime of simulation of birth. and you are right, dna testing is standard in most countries such as the USA.

adipose, this will sound crazy (at first), but the law requires that any child born to a married woman should carry the surname of the legal husband and the middle name is the surname of the mother. that is an effect of subsisting marriage. only the husband can file a petition to claim otherwise and only within 1 year from registration of the birth certificate.

[adiposethoughts]

officer, i don't recommend you do it. that may be considered the crime of simulation of birth. and you are right, dna testing is standard in most countries such as the USA.

adipose, this will sound crazy (at first), but the law requires that any child born to a married woman should carry the surname of the legal husband and the middle name is the surname of the mother. that is an effect of subsisting marriage. only the husband can file a petition to claim otherwise and only within 1 year from registration of the birth certificate.

thanks mala_in_se,

now what if derecho nang ipinangalan sa boyfriend yun bata? may ma-eencounter ba na problem?

and kapag ang petition ay na-grant, would the child have the mother's maiden surname but boyfriend's last name? or the child's middle name would be the mother's married last name AND his last name will be boyfriend's last name?

file a petition? san to? sa court? eh di magbabayad pa sila?

salamat po...

[d3n1s313]

Sayang di ko na nakikitang nagrereply pa si Sir Rudy sa thread I like the way he reply for every post, full detailed talaga..
Anyway po sana may makatulong po sakin. Regarding po kc ito dun sa anak ng sister ko na iaadopt ng japanese husband nya.Nasa Japan na rin po yung bata at doon na rin nag aaral. Bale 8 years old na po. Di **** po sya kasal sa ama nung bata at apelido po nya nung pagkadala ang gamit nung anak nya. Nagawa na po nila lahat ng legal process of adoption sa Japan at nagrant nrin po ang petition nila. Naiauteticate na rin po ang Court Decree, naitranslate na at naautenticate na rin ng Philippine Embassy sa Japan. In short bali ** nlng daw po sa pilipinas ang next step. Ang sabi dadalin nlng daw po sa Local Civil Registrar ng Manila City Hall. Pero kahapon nung mag punta ako eh pinapupunta pa ko ng ICAB at mahabang proseso parin daw ang dadaanan. Kakailanganin parin daw namin ng tulong ng isang attorney. Kaya naconfused po kami ng sister ko. kc dumaan na rin po *** ng court trial sa Japan, hearing etc. Kaya tanong ko po may dadaanan prin po ba kaming hearing at court trial dito? May kailangan parin po bang bayaran at magkano po kaya ang magagastos?
Sana po may makatulong samin. Di ko po macontact ang ICAB *** makapagtanong muna at makapag Inquire. gusto ko rin po muna makakuha ng info bago lumapit sa mga attorney na kadalasan eh ang laki ng bayad sa consultation pa lang. At nang makaiwas din ako sa mga fixers na nananamantala...pls po p help ****..sana po yung step by step process hehe..

[mommie_ni_pao]

Naisip ko lang, is there any other way para magkaroon ng Middle Initial ang aking baby? Is it true na if I were given a chance to get married ay automatic na ma-adopt nya ang last name ng magiging husband ko?

Ang gamit nya kasing last name ay last name ko. His biological father abandoned us (we are not married) at hindi ko alam kung nasaang lupalop na sya, ang alam ko lang nasa States na sya but don't know his exact address kaya walang naka-sign na Father sa birth certificate nya.

Naawa lang kasi ako pag nag-aral na sya, baka magtaka sya na kakaiba ang name nya, wala syang middle name or middle initial

Somebody please enlightened me. salamat!

[mala_in_se]

i'm afraid a middle initial is really not given to illegitimate children carrying the mother's surname. and no, he will not immediately gain the last name of any future husband unless he is the biological father.

[festekah]

Naisip ko lang, is there any other way para magkaroon ng Middle Initial ang aking baby? Is it true na if I were given a chance to get married ay automatic na ma-adopt nya ang last name ng magiging husband ko?

Ang gamit nya kasing last name ay last name ko. His biological father abandoned us (we are not married) at hindi ko alam kung nasaang lupalop na sya, ang alam ko lang nasa States na sya but don't know his exact address kaya walang naka-sign na Father sa birth certificate nya.

Naawa lang kasi ako pag nag-aral na sya, baka magtaka sya na kakaiba ang name nya, wala syang middle name or middle initial

Somebody please enlightened me. salamat!

ate wala po ata talaga dapat middle name kc kunwari nilagay mo eh middle name mo din na ginagamit with your surname parang macoconsider as kapatid mo lang po sya . parang sa pagkakaalam ko sabi ni ate ko parang mgkkproblema pg nilgay mo sya as anak sa benificiary , correct me if im wrong*



samin naman problema namin may middle name yung pamankin ko

[arzis08]

Good Day,
may anak po ako na 4 years old na ngayon. may boy friend po ako at magpapakasal na po kami. ang dating bf ko po ay inabandona ako nung 7 months palang sa tiyan ko ang anak ko. gusto ko lang pong itanong kung kakailanganin pa po ang permiso ng lalaking nag abandona sa amin ng anak ko kung isusunod ko sa apelyido ng bf ko ngayon ang surname ng anak ko. hindi naman po siya naka pirma sa birth certificate ng anak ko. thanks

[mala_in_se]

arzis, that will be simulation of birth. i recommend you consider adoption because it is the proper remedy

[adiposethoughts]

hello mala in se, ipinangalan ng kaibigan ko yun anak ng pinsan niya na siya yung nanay nung bata sa birth certificate... may magiging problema ba pag ganun?

[Alfonso209]

Naisip ko lang, is there any other way para magkaroon ng Middle Initial ang aking baby? Is it true na if I were given a chance to get married ay automatic na ma-adopt nya ang last name ng magiging husband ko?

Ang gamit nya kasing last name ay last name ko. His biological father abandoned us (we are not married) at hindi ko alam kung nasaang lupalop na sya, ang alam ko lang nasa States na sya but don't know his exact address kaya walang naka-sign na Father sa birth certificate nya.

Naawa lang kasi ako pag nag-aral na sya, baka magtaka sya na kakaiba ang name nya, wala syang middle name or middle initial

Somebody please enlightened me. salamat!

Just a thought regarding this issue, since dumadami din naman ang iba nating mga kaibigan na may ganitong issue na tinatakbuhan ang girl ng tatay ng bata, posible kaya na kahit buntis pa lang si mom, may copy na ng blank birth certificate na hawak ang mother para kahit tumakbo pa ang ama pagka-panganak, pirmado na ng biological father ang birth certificate ng batang ipapanganak pa lang?


Kawawa naman kase yung iba na tinatakbuhan na lang basta, hindi tuloy makapag habol ng sustento ang mga moms.

[zxedie]

this is so interesting thread like for us single parents..

I do also have concern about changing my daughter's surname to her stepfather. (she uses her biological father's).. but based to the amount I've read, we can't afford it.. is there any possible ways we can change it?

my daughter started to enter school, and I'm always feel sorry for her whenever the parents of her classmates questioned her why she is using different surname (we are using different surnames so that's why i think they keep questioning us, and that's why we decided to go back here in manila). I don't want her to be bullied because she's not the real child of her "kinikilalang papa" and her biological father was "pabayaang ama" and also, up to now we have no communications, the last news I've heard from my family and friends in province that he is in prison right now because of many counts of stafa (the biological father).

I hope you can help us with this.. thanks for advance..

[mala_in_se]

adipose, if it is discovered she can be prosecuted for simulation of birth.

alfonso, that is possible, even better, a an affidavit acknowledging the unborn child

zxedie, adoption is your best remedy.

[jd_yano]

Hi everyone!

I've encountered a series of legal queries in line with cases of single parenthood. I'm not yet a lawyer but I've gone through some legal proceedings myself and I'm a hell of a researcher. It’s my profession anyway. If you have any question regarding child custody, adoption, legitimation, change of name, birth certificate, child support, or any other related topic, please post it here.

I am hoping we could help each other. I’ll do my best to provide some guidelines myself based on comments and experiences of lawyers who are kind enough to give us their time. Free of charge.

Hi,

I'm a single mom to a 1 year old baby boy. I found out that my dad's kid is married after I gave birth. Unfortunately, when I found out about this, na-register na baby ko under the father's last name since he acknowledged my baby. We separated shortly after finding out about it, plus the fact that he really was not a good provider for the baby, prioritizing his needs before the baby's. After we separated, I have tried numerous times to seek for child support as that was my kid's legal right. But he has constantly refused to do so. He had so much excuses, like being out of job, so much bills to pay and the only rare times that he had given anything was when I threatened him with a court case. But since September of last year, he has ceased any form of communication. I had always wanted my baby to carry my last name due to the fact that his father was not only irresponsible but also due to the fact that dont want him growing up carrying his married father's last name. I have searched the internet for anwers to my questions, and had stumbled upon this thread by accident. I have limited resources to shoulder the expenses of having to go through the process of adopting my own kid, but this is something that I feel I must do for my baby to rid him of the stigma of his father. Please help.

[IamQueenB]

Good day everyone!

My Birth Certificate is really messed up. I'll be outlining the story and details for you to be interested in reading it.


1. My Mother is a single parent.
2. My dad is a foreigner (theyre not together).
3. My mom didn't want me to become an illegitimate child so she simulated my birth certificate with the following entries:
> Mother's name- fictitious
> Father's name - she wrote my uncle's name
> Marriage date - fictitious

I'll illustrate an example for you to understand it more:

ex. my mothers name: jane doe cruz
my uncles name : john doe cruz
my fathers name: rocky balboa

birth certificate entries:
mothers name: jenny o. doe (kathang-isip na name)
fathers name: john d. cruz
my name: judie doe cruz

NAGETS NYO BA?

What she did is, ginawa nyang father ang tito ko para makuha ko ang last name nya, and nag invent sya ng mothers name na ang surname is yung middle name nya para yun din middle name ko.

4. The downside: we already filed a petition last 2007 and what happened is:

> my mom is abroad so she made a special power of atty to make my tita her representative (w/c is the atty-in-fact/ petitioner)
> my tita (the atty in fact/petitioner) and my uncle (father as written in the birth certificate) were the ones who testified
> decision of the court- UNFAVORABLE - hearsay lang daw.





BOTTOMLINE: Grabe ang effect sakin, di ko magawang beneficiary si mama kasi di naman sya ang nakasulat sa BC ko and di din nya ko beneficiary/dependent because of that.

We're planning to re-file this case, sabi ng atty namin, sa paguwi na daw ni mama para sya na talaga ang petitioner. Pero pinagiisipan din namin na magpalit ng atty kasi natalo kami dati, and thats also the reason why I posted my story here. Sa manila ako pinanganak kaya dun din ang RTC nun.

May kilala ba kayong lawyer na specialty ang ganitong case? It'll be a very big help for me. Gusto ko na manalo sa case na to dahil super hirap ako sa pag fill-up ng mga bagay-bagay. Minsan nagpapagawa pa ko ng affidavit, pero minsan kelangan ko naman sundin yung sa BC ko. Baka magkanda loko-loko mga documents ko. And more importantly, kelangan ko maging dependent si mama, only child lang ako. Please help. Sana may kilala kayong magaling na lawyer and if possible yung di masyado malaki ang acceptance fee. Thanks!

[Sweetpapa]

@jd yano, the only way you can get anything from that guy is to file a court case in my opinion. Lawyers are expensive but you can try going to the UP Law department in Diliman, QC as they offer free service depending on the case. I think they will consider your case as you are a single mom who needs support for the child.