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If an illegitimate child's father dies, can she use her mother's surname

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anitsirk


Arresto Menor
Hi Atty,

I'd like to know if it's possible for my 7-month old daughter to immediately use my surname as her father just died.

My daughter was born out-of-wedlock. During the time I was recuperating from CS delivery her father (with connivance of his family) processed the birth certificate and all without my knowledge. This discovery happened when I tried to process the late registration of birth certificate in NSO.

Her father died October of this year. Now, acting as a sole guardian I'm very inclined to change her surname for the ff. reasons:
1. To avoid confusion of the difference of surnames between her and I
2. Plans moving abroad
3. Personal reason which is against his family


Kindly advise.

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