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Can i opt to use my mother's surname even after my birth cert has AUSF?

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jjcruz


Arresto Menor
Good day

I'm 19, turning 20 on July. When I was born, my parents were not yet married. So in my original birth cert, im illegitimate and registered under my mother's surname. When they got married, i was legitimate and used my father's surname. My birth certificate has annotation on the side indicating my father's surname. and since then all the documents i have from baptismal to school records are in my father's surname.

7 years ago, my parents got separated, but not legally. My father is a douche bag, he didnt work to provide in the family and just let my mom work abroad and he did nothing. The very reason they got separated. Now my mother wants me to use her surname again since it is indicated in my original birth cert.

my question is: Is that possible? Would there be any chance that i can opt to choose what surname to use? And if so, do i need to file a petition from court so i could change my surname in all of my documents and school records? Does my father has any say on this or right to prevent me in using my mother's surname instead of his? Thanks!

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attyLLL


moderator
you are using your father's surname not because of an ausf, but because of legitimation.

i'm afraid the law requires you to stay on with this name.


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jjcruz


Arresto Menor
Thank you very much Atty. LLL for your prompt reply. I sincerely appreciate it.

I understand that I will not be able to use my mother's surmane because I am really legitimate child of my father. .

Atty., below is the reason which gave us an idea that I could opt to use my mother's surname instead of my father's.

Last 2007, (I was 14 then, a minor) I was able to acquire my passport just in case my mom could get me to live with her abroad. I went through same procedure that everyone goes through in DFA. I was accompanied by my aunt since my mother was working abroad that time. .

I presented my birth cert with annotation, Baptismal Cert and School ID for the requirements. The last two mentioned were clearly under my father's surname. The application form was filled-up by my aunt abd wrote my mother's surname as mine's.) The passport issued to me was under my mother's surname. (Is it safe to say that the officer in DFA did not acknowledge the annotation in my birth cert and opt to input my mother's surname instead?)

Come 2012, I was able to renew it, same surname, my mother's.

But what worries me (big time!) now is this:
1. On April 2014, my mother plans to bring me to Japan (where she works now) as her grad. Gift to me. She is my sponsor when I'll apply for Japan Tourist Visa. Since my passport and school id and other records has different surnames, Im worried it will affect my chance to get a visa. My mother told me that Japan embassy is very strict when it comes to details.

2. Since Im aiming to be a FA, will it also affect my chance, if ever, to go out of the country?

What smart move shall I do? I need some guidance here. Im so clueless. Even my aunt doesnt have any idea what to do. Its really difficult that both of my parents are not with me now.

Please advise. Thank you in advance and God bless!

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attyLLL


moderator
i think it was a clerical error on the part of the DFA and it can be corrected by pointing it out. i recommend you use your legal name.


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