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Wife and I not married, can my child bear my surname?

sweet_ryansweet_ryan Member PEx Guru 🎖️🎖️
Anyone who can answer this? Is there a clause in the family code wherein a child can bear the father's surname even if parents are not married?

Problem is when my child was born, we registered her with his mother's surname. But since my child will be starting elementary school next year, we want to have her surname to follow mine so all her records going forward will bear my surname. We will be consulting a lawyer soon but I just want to know if someone here can shed a light on this.

Thanks!

Comments

  • the_BuGsthe_BuGs PEx Veteran ⭐⭐
    pareng sweet.. may thread ata sa working filipino yung mga lawyers dun... dun mo tanong :)

    Happy New Year!
  • She wouldn't be your wife then?
  • Mickey2000Mickey2000 PEx Influencer ⭐⭐⭐
    yes you can, pag kuha ng birth certificate ng bata sa hospital, you have to sign it para ibig sabihin you have a consent para magamit ng bata ang iyong apleyido. Check the Parents 101 forum.
  • you and your partner you mean?
  • sweet_ryansweet_ryan Member PEx Guru 🎖️🎖️
    okay i stand corrected, she's never my wife, she's just my partner.lol.
  • purpleheadd07purpleheadd07 PEx Influencer ⭐⭐⭐
    Mickey2000 wrote: »
    yes you can, pag kuha ng birth certificate ng bata sa hospital, you have to sign it para ibig sabihin you have a consent para magamit ng bata ang iyong apleyido. Check the Parents 101 forum.

    pwde nga sana kaso as the TS stated na register na nila using the mother's surname. so yung birth certificate at baptismal records niya eh dala na ang surname ng partner mo di ba?

    kailangan na nga ata nilang mag consult sa lawyer niyan para mapalitan ang pangalan.
  • I am not a lawyer (but dreaming to be one). But maybe this would help:

    Who are illegitimate children?
    Children conceived and born out a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, F.C.)

    Who are considered illegitimate children?
    The following are illegitimate children :

    1. Children born to couples who are not legally married or of common-law marriages;
    2. Children born of incestuous marriages;
    3. Children born of bigamous marriages;
    4. Children born of adulterous relations between parents;
    5. Children born of marriages void for reason of public policy under Art. 38 of the Family Code;
    6. Children born of couples below 18, whether they are married (which married is void) or not; and,
    7. Children born of other void marriages under Art. 15 unless otherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

    What is the rule on the registration of births of illegitimate children who were born prior to August 3, 1988?
    Illegitimate children as defined under the Civil Code of the Philippines who were born prior to August 3, 1988 and whose births were not previously registered shall be registered under the following rules in addition to those provided for delayed registration of births :

    1. Recognition or acknowledgement of an illegitimate child may be made jointly by the father and mother or by only one of them (Art. 276, C.C.) When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified (Art. 280,.C.C.)
    2. An illegitimate child has the right to bear the surname of the parent recognizing him (par. 1, Art. 282, C.C.) However, an illegitimate child who is not recognized or aknowledged by both parents in accordance with law shall be registered under the surname of the mother (Opinion No. 147 s. 1986, Minister of Justice)
    3. Recognition shall be made in the record of birth, a will, statement before a record, or in any authentic writing (Art. 278, C.C.). If made on record of birth at hte time of registration the affidavit of aknowledgement printed at the back of the certificate of live birth shall be signed and sworn to jointly by the parents of the illegitimate child, or only by the mother if the father refuses (Sec. 5, Act No. 3753).

    May an illegitimate child born on or after August 3, 1988 carry the surname of the father if the father executes an affidavit of admission of paternity?
    Illegitimate children born on or after August 3, 1988 shall use the surname of the mother. (Section 1 OCRG Circular No.4 dated October 11, 1988).

    The father of an illegitimate child who wishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of Paternity in lieu of the affidavit of aknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dated October 11, 1988)

    What is the rule on the registration of births illegitimate children who were born on August 3, 1988 and thereafter ?
    The following rules shall govern the registration of illegitimate children who were born on August 3, 1988 and thereafter :

    1. An illegitimate child shall use the surname of his mother (Art. 176, F.C.) regardless of whether or not his father admits paternity (opinion of Civil Code Revision Committee, September 23, 1988).
    2. The name of the father of the illegitimate child may be indicated on the the birth certificate of the latter whenever the former executes an affidavit of admission of paternity, provided that such affidavit shall not affect the naming of the illegitimate child (opinion of the Civil Code Revision Committee, September 23, 1988)
    3. The affidavit mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birth certificate of the illegitimate child. The birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with a rubber stamp at the upper left-hand margin and duly signed by the local civil registrar or authorized civil registry personnel.
    4. Illegitimate children falling under this classification who were not registered within the prescribed period of registration shall comply with the requirement of delayed registration of births. (Section 4 Circular No. 89-13 dated 17 July 1989)

    What are the rules in making the entry of the last name of a child?

    * For a child born to a legally married couple, write the last name of father ;
    * For a child born to a mother who is not married during a pregnancy and at the time of birth, the following rules shall apply:
    1. If the child was born on or after 3 August 1988, write the last name of the mother.
    2. If the child was born before 3 August 1988:
    o Enter the last name of the father if both parents execute the Affidavit of Aknowledgement at the back of the Certificate of Live Birth.
    o Enter the last name of the aknowledging parent if either the father or the mother alone aknowledges the child. In this case, no information should lead to the identity of the paren not aknowledging the child, that is, the space provided for the information about the parent must have "Not Applicable", or "N.A." as entry".
    o If no parent aknowledges the child, enter the last name of the mother (I.M. p. 15-16)

    Source:
    http://www.census.gov.ph/data/civilreg/birth.html

    It's still better to consult someone who really knows this stuff.
  • Mickey2000Mickey2000 PEx Influencer ⭐⭐⭐
    pwde nga sana kaso as the TS stated na register na nila using the mother's surname. so yung birth certificate at baptismal records niya eh dala na ang surname ng partner mo di ba?

    kailangan na nga ata nilang mag consult sa lawyer niyan para mapalitan ang pangalan.
    ah ok,di ko na kasi binasa yung buong kwento :bonkself:

    Pero like the post above, pwede pa rin, kahit nga wala ng lawyer eh, pero kailangan mong magpunta sa NCSO kasi maraming affidavit ang dapat gawin jan.
    Btw,sya ba yang nasa avatar mo?she's pretty. :)
  • BeerhandBopBeerhandBop PEx Influencer ⭐⭐⭐
    whoa lesbo couple. nice..
    you open for threesome?

    or foursome... 3 girls 1 guy.
  • ^
    ^
    Wait, man, I think he's the father.

    So the problem he's got is, in cases like this, the child almost always defaults to the mother. Because, as I look at family law more, I realize...the father of a child has less rights than the mother? Why?
  • sweet_ryansweet_ryan Member PEx Guru 🎖️🎖️
    Mickey2000 wrote: »
    ah ok,di ko na kasi binasa yung buong kwento :bonkself:

    Pero like the post above, pwede pa rin, kahit nga wala ng lawyer eh, pero kailangan mong magpunta sa NCSO kasi maraming affidavit ang dapat gawin jan.
    Btw,sya ba yang nasa avatar mo?she's pretty. :)

    that's her. mana sa akin e :)
  • sweet_ryansweet_ryan Member PEx Guru 🎖️🎖️
    And sa birth certificate ng daughter ko, i signed an affidavit of acknowledgement /admission of paternity.
  • purpleheadd07purpleheadd07 PEx Influencer ⭐⭐⭐
    ^^since registered na kasi baka ang lalabas eh change of name talaga kaya mas complicated na ang process. baka nga lalabas niyan eh kailangan eh parang adoption process para ma assume niya ang name mo, baka lang ha. nasaan ba si fafa limpbwizit? :D
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