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Child of couple married to different people

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1 Child of couple married to different people on Tue Sep 21, 2010 9:41 pm

purplegoddess


Arresto Menor
Hi question po. My husband and I separated 6 years ago but never got to file for annulment since mahal. I have a partner now and sya din separated sa wife nya pero di annulled.The thing is I am pregnant and kung pwede ba dalin ng baby ko ang last name ng partner ko.

Thanks po.

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attyLLL


moderator
the law places a very powerful presumption on the legitimacy of a child, and if born of a married mother, the presumption is that the child is that of the husband.

it always surprises my clients that the mother has no right to declare that her child is that of another person. the law will not allow her to do that even if she has a DNA exam to show that she is right.

only the husband has the legal right to petition the court to repudiate the legitimacy of the child, and has only 1 year from the registration of the birth certificate to do so.

legally, you are required to declare that you are married and the name of your husband. doing otherwise may be considered falsification of public documents and simulation of birth which are crimes.



Last edited by attyLLL on Tue Sep 21, 2010 10:03 pm; edited 1 time in total


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purplegoddess


Arresto Menor
ibig po bang sabihin, last name ng "ex" husband ko lang ang pwedeng gamitin ng baby ko? kahit na maiden name ko po hindi pwede?

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attyLLL


moderator
yes. that is what is in the law.

i've seen others give false information and false documents to get around this. i do not advise you to do that or you will be forever vulnerable to a criminal complaint.


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purplegoddess


Arresto Menor
ang hirap naman kahit last name ko hindi pwede. Thanks po sa advice!

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decksteer


Arresto Menor
hello po. im stl married and separated and so is my partner who is now pregnant. i understand that by law that im not going to be the father of my child.

what can i do? is there a chance for me legally to be the father of my child? annulment? adoption?

pls help advice.

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attyLLL


moderator
you will have a chance only if the husband files a case to question the child's paternity within 1-3 years from birth registration


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decksteer


Arresto Menor
what if the husband will repudiate or take action in affidavit letter before the child will be born which i would also signed stating that he recognize that i am the biological father ?

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concepab


Reclusion Perpetua
decksteer wrote:what if the husband will repudiate or take action in affidavit letter which i would also signed stating that he recognize that i am the biological father ?

the petition has to be submitted in the court.

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10 Re: Child of couple married to different people on Sun Sep 16, 2012 11:37 pm

decksteer


Arresto Menor
i see. thanks.

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