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Can a child Legitimated by Subsequent Marriage retain mother's surname?

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mco1003


Arresto Menor
Hi,
Is it required for a child Legitimated by Subsequent Marriage to change to father's surname?
Child wants to retain mother's surname as she was already known with this surname. She's already 13 yrs old.

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shad_marasigan


Reclusion Perpetua
Whey you say subsequent marriage, there should be a previous marriage and why is it that the child has your surname? the law mandates that the surname of the father should be the surname of the child. Was the child conceived out of wedlock?

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mco1003


Arresto Menor
Yes. Out of wedlock

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shad_marasigan


Reclusion Perpetua
Not required though the child will still be considered as illegitimate. Your husband can file a petition for adoption to grant the illegitimate child to assume the father's surname.

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alporogs


Arresto Menor
Hi! My wife and I had our first child when we're 18 &19 respectively our child was born in the year 2000. We got married only after 4 years, after that we fixed the legitimation of our child at Marikina City Hall and they gave us an annotation that certifies that our child can use my surname (father). But recently after getting the NSO the surname of my daughter is still the maiden name of my wife. How can we change the surname of my daughter appearing in the birth certificate and for it to be reflected in the nso copy? Thank you.

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ibonidarna


Reclusion Perpetua
Is there an annotation in the BC issued by the NSO?

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yebah


Arresto Mayor
Are you sure on this? that the child is not required to use the surname of his or her father after a marriage between his or her biological parents was celebrated? thereby making him a "legitimated" child.

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shad_marasigan


Reclusion Perpetua
yebah wrote:Are you sure on this? that the child is not required to use the surname of his or her father after a marriage between his or her biological parents was celebrated? thereby making him a "legitimated" child.
Your question is misplaced. The question was if the child is required to use the surname of the second father not the biological father and the biological mother married the second father. Can the child be required to use the surname of the second father? The biological father is not married to the mother. the law is clear on this, the surname of the mother shall be used unless the biological father recognised child filiation and did not contest it. the child now is placed in illegitimate status.
The only requirement in law is that if the father is married to a mother, it is by necessity that the child use the surname of his father and not of his mother.

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yebah


Arresto Mayor
: )



Last edited by yebah on Fri Mar 08, 2013 2:48 pm; edited 1 time in total

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yebah


Arresto Mayor
...



Last edited by yebah on Fri Mar 08, 2013 2:49 pm; edited 1 time in total

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yebah


Arresto Mayor
shad_marasigan wrote:
yebah wrote:Are you sure on this? that the child is not required to use the surname of his or her father after a marriage between his or her biological parents was celebrated? thereby making him a "legitimated" child.
Your question is misplaced. The question was if the child is required to use the surname of the second father not the biological father and the biological mother married the second father. Can the child be required to use the surname of the second father? The biological father is not married to the mother. the law is clear on this, the surname of the mother shall be used unless the biological father recognised child filiation and did not contest it. the child now is placed in illegitimate status.
The only requirement in law is that if the father is married to a mother, it is by necessity that the child use the surname of his father and not of his mother.

mco1003 wrote:
Hi,
Is it required for a child Legitimated by Subsequent Marriage to change to father's surname?
Child wants to retain mother's surname as she was already known with this surname. She's already 13 yrs old.





For purposes of elucidating the right answer to this question, I would just like to mention that nowhere in this query was it mentioned that the "subsequent marriage" pertains to a marriage between the biological mother and a second husband, it only states thus, that:
"x x x a child legitimated by subsequent marriage x x x".

To my understanding, applying the law on the use of the father's surname after a marriage has been celebrated pertains to or has reference to a (subsequent) marriage between the mother (biological) and the father(biological).

If the question is seeking an answer relative to a marriage between the biological mother and a second husband, then it should have been crafted in this manner:

"May/Can the child continue to use the surname of her mother, notwithstanding that a marriage between her mother and her second husband was celebrated?"

...the way I understand the law is that this "legitimation" process applies only to a subsequent marriage between the biological mother and biological father who at the time of the conception of the child has no legal impediment to marry except that one or both are of minor age and eventually, their subsequent marriage will give their child the status of a "legitimated" child instead of "illegitimate".

So anyone, please enlighten me on this? A subsequent marriage or a marriage between the biological mother and a man (by second marriage) will not give the child the "legitimated" status, instead they had to go through the process of adopting the child of her wife.

But then again and I think the main concern in this query is that whether the child can (still) use instead the surname of her mother (notwithstanding a subsequent marriage by the mother with the child's biological father or with the wife's second husband) as she has already been known with this (mother's) surname?

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szarle_01


Arresto Menor
Hi po, let me start by sharing. I got pregnant po when I was still 15y/0. I gave birth to my eldest son in 2002 at the age of 16. At that time, we were not aware that his father can sign an acknowledgement at the back of the birth cert. Now, on 2008, his dad and i got married.  At that point in time, we processed the acknowledgement to change my eldest't son surname to his. We got everything fixed up until his registration with NSO.  In 2009, we applied for passports and everything went well. However, the problem came just recently. We were renewing our passports as it has already expired. We gave exact documents presented before but we were advised by dfa that thay can't process my son's passport because his birth certificate needs to be annotated by NSO as legitimized by subsequent marriage.
My questions are as follows:
1. Is it really necessary for us to process legitimation before dfa can honor the birth certificate? The birth certificate that we are using has the annotation that he is acknowledged by his father.
2. Isn't it our right to choose if we would want it to process his legitimation?

Kindly enlighten me pls. We are so frustrated because we know for a fact that this process can take long and it delays any plan that we have. We don't understand the reason why he was given a passport before and not now when we presented the same documents. We would greatly appreciate your help in this matter.

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