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Issue with BC on single parents

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1 Issue with BC on single parents on Tue Jan 29, 2013 2:11 pm


Arresto Menor

Thank you for taking time on this..
I'd just wanted to ask about my niece BC. Her NSO BC indicates her surname using my sisters last name since she was never married and abandoned my her husband days after giving birth. My niece is already in High School and the school requires my niece to use the Fathers Surname because they would like to prevent issues in the future which I think is not. The school adviser said that since the father signed the back portion of the BC which was the acknowledgement part (it was notarized but my sister did not sign it) my niece should have use her fathers last name. Logically is irrelevant because as per the Name registered in NSO follows my sisters' surname. Should we file a complaint regarding this and what should we do about this..I already talked with the adviser but they still insist so and this have been traumatic to my niece since she has been using her moms name and she never met her father. I would greatly appreciate your response on this..godspeed.

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2 Re: Issue with BC on single parents on Tue Jan 29, 2013 3:08 pm


I agree with School, to prevent future problem, you should carry out necessary measures to ligitimize the child and for the child to carry the Biological Father's Family Name because Article 176 of the Family Code as originally drafted and as approved by Pres. Corazon Aquino provided that illegitimate children had to use the maiden surname of the mother. But Republic Act 9255 amended Article 176 as follows (the boldfaced portion is the amendment):

Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. It is always prudent for Child to carry the Father's Family Name because Schools and other Religious-Affiliated Institutions are very strict with the standards of Morality, and also because RA 9255ís IRR makes the use of the fatherís surname automatic and mandatory.

Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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