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birth certificate/ child custody

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1 birth certificate/ child custody on Wed Oct 31, 2012 11:06 pm

Takgu


Arresto Menor
Hi! I'm a single mother/ solo parent and my baby(1.6 y/o) is with me. He is carrying my last name as well as on his BC. Unfortunately, his father has signed its acknowledgment/ admission of paternity. Now he is insisting that my baby's name should be changed to his. Also, he mentioned that he will not give support unless it's changed. But for me, it's not a problem because I have a better job than he has (he actually doesn't have a permanent job). I just don't want my baby's last name to be changed. I read that once the father acknowledged the child, he "MAY" use his surname for the baby. Is it case to case basis?
How about in my case?
Am I still the one to have the last say?

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2 Re: birth certificate/ child custody on Thu Nov 01, 2012 4:30 pm

attyLLL


moderator
is that affidavit the one at the back of the birth certificate? write to the civil registrar that you do not give your consent that the child's name be changed


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3 Re: birth certificate/ child custody on Mon Nov 05, 2012 4:00 pm

Takgu


Arresto Menor
yes, it's the one at the back. in case he tries to let it be changed without me knowing, is it possible for him to do that? and will I be informed? - I have the original copy of my child's BC from the hospital. thank you.^^

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4 Re: birth certificate/ child custody on Mon Nov 05, 2012 7:33 pm

johnloyac


Arresto Menor
Hi Maam Takgu, I am a civil registrar studying to become a lawyer as a freshman. In my job, the father has the right to change the surname of the child, especially if he has been identified in the record and you allowed him to sign the admission or acknowledgment of paternity at the back. We, civil registrars, will only concern ourselves in administering the oath that the father was the one who personally signed and that he showed to us his ID's and cedula.
It would have been different if you had not indicated the father's name at the beginning which makes it harder for him to prove and insist on paternity.
The advice that you go to the civil registrar to talk to him and make him help you to block the father's actions in making the child use his surname is not ideally (nor is it professionally) feasible because our jobs are ministerial only and we have to respect the father's wishes up until the child reaches legal age and could decide for himself. The father can sue us for impropriety and abuse of authority.
Another tack may be to file a case for prohibition against the father and the NSO to change the child's surname based on meritorious and justifiable grounds. Good luck!

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5 Re: birth certificate/ child custody on Mon Nov 05, 2012 9:10 pm

Takgu


Arresto Menor
Oh, i see.. thanks

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6 Re: birth certificate/ child custody on Fri Nov 16, 2012 6:35 pm

Takgu


Arresto Menor
oh, i forgot to mention.. I'm just wondering.. I and my baby's father are not married, so is it still applicable to us? (changing my baby's surname to his without my consent)thanks

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7 Re: birth certificate/ child custody on Fri Nov 16, 2012 6:47 pm

shad_marasigan


Reclusion Perpetua
Since you both are not married, even though the father has acknowledged that the child is his, that fact alone only carries a knowledge but does not grant him the legal right to have his last name attached to the name of the offspring.

The only person who has this legal right is the mother of the offspring. This is clear under Family Code. Since you dont care anymore about the support but more on custody, you have more right than him.

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8 Re: birth certificate/ child custody on Fri Nov 16, 2012 6:59 pm

Takgu


Arresto Menor
oh, thank you.. so, if in case he tries to change it without me knowing, he will not be able to do so? (on my child's BC is just his name and my surname- no middle name)

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9 Re: birth certificate/ child custody on Fri Nov 16, 2012 7:05 pm

shad_marasigan


Reclusion Perpetua
No, the change on the surname needs Court proceedings.

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10 Re: birth certificate/ child custody on Fri Nov 16, 2012 7:15 pm

Takgu


Arresto Menor
oh, thank you so much! Smile

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11 Re: birth certificate/ child custody on Fri Nov 16, 2012 8:17 pm

shad_marasigan


Reclusion Perpetua
According to Special Proceedings Rule 108 Section 2 and Section 3.

Sec. 2. Entries subject to cancellation or correction. - Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization (k) election, loss or recovery of citizenship (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

Sec. 3. Parties. - When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.

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