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Annulment & Child Adoption (married; pregnant by another man; child's surname; adoption)

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Arresto Menor
Good day,

I am married, but physically separated and with no communication with my legal husband since February 2011. I am now pregnant with a live-in partner.

It seems whichever options for surname I will choose for the child, there'll be legal consequences against me before I even file an annulment or that either of these options can be used against me during the annulment process.

Option 1: If I use the biological father's surname, an adultery case may be filed against me.

Option 2: If I claim that I am single and use my maiden surname, a perjury case may be filed against me.

Option 3: If I use the legal husband's surname, the legal husband may file a case of damages against me.

Below are some situations and questions:

  1. In the child's birth certificate, can I declare I am married, use my married name as mother, leave the father's name blank and use my maiden surname as the child's surname? Will the child be considered legitimate or illegitimate? What are the consequences?

  2. If situation #1 is possible and done, will I be able update my name on the child's birth certificate after annulment (i.e., use my original name prior to getting married)?

  3. If situation #1 is possible and done, will I be able to apply my child, which will appear a minor applicant, a passport and travel outside the country with him? I would like to know if DFA will validly accept my married name record as the child's mother though the child's surname is my maiden surname.

  4. If situation #1 is not possible, can I have my parents adopt the my child? Will the child be considered legitimate or illegitimate? Or better yet, automatically write the name of my mother and father in the child's live birth certificate with the doctor/hospital's authority and with my parents' consent (of course)? Will I be able to travel outside the country with my child? What are the consequences?

  5. If situation #4 is possible and done, can I adopt my child after annulment with the legal husband? Will the child be considered legitimate or illegitimate?

The lack of money is preventing me to initiate the action to file an annulment. The situation got more complicated when I conceived a child from another man. I want to settle things the best and legal way possible. I am hoping for your professional advice.

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tough situation, but i can't ethically advice you how to do illegal acts.

there is only one legal play here and that is to declare yourself to be married. unfortunately, the law will presume your husband is the father and only he can initiate court proceedings to declare him as not the father.

what others do, but it is illegal, is to minimize risk by having a representative (usually the grandparent) be the declarant on the BC, and not the mother, and declare the mother as single.

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Arresto Menor
It seems every action is still "illegal," but thank you for the advise, attorney. I understood your point.

I guess the best action now is to front the annulment case with the help of a lawyer.


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