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Family Matters: My children documents

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1 Family Matters: My children documents on Thu Oct 28, 2010 2:56 pm

tricia_trick


Arresto Menor
Hi Sir, I badly need your advise.
1. I gave birth to my first son when I was 19 yrs old(binagonan Rizal yr. 2002, he is now turning 9yrs old). After a year I go abroad to work and returned yr. 2006. I filed the late registration of his birth certificate with the Father shown "n/a". In his birth certificate he used my middle name, then my surname. Reading your advise in other comment this shown we are siblings not a mother/son. What steps do i need to do to correct this error?

2. Year 2008, I gave birth again (Osmac Makati) to my 2nd child out of wedlock. This time my live-in partner signed the BC and acknowledge my daughter to use his surname. I regret using his surname for my child. Now i want to change it following my surname.

A. First concern: I want my children to use my surname, so in their document and future credentials their surname will be same. (To avoid criticism from other people, it's my fault for not thinking/clearing this matter before).

B. Second COncern: My relationship now with my live-in partner can be considered as "failed". No any chance for us to get married. In the future (2nd child) i don't want my child to have problems in her document.

I am now here in Taiwan having a economic visa, I want to bring my children here to stay with me and study. Before applying them the passport, I want to make sure this time all my actions will be correct for my childrens future. This coming December I will be in the Philippines for a 1 month vacation and to process the necessary documents.

It will be a very big help if I will get your advise as soon as possible (i hope you can also give me some guidelines).

please....Thank you so much.
God bless!

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2 Re: Family Matters: My children documents on Thu Oct 28, 2010 7:18 pm

attyLLL


moderator
first, a person is required to use the name on his birth certificate.

for either child, you would have to file a petition in court to correct their birth certificates. i believe the first child will have a better chance of the petition being granted.

for the second child, i have my reservations. here is a related thread: http://www.pinoylawyer.org/family-and-marriage-f21/childs-change-surname-t2632.htm


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3 Re: Family Matters: My children documents on Thu Oct 28, 2010 8:51 pm

tricia_trick


Arresto Menor
Thank you Sir for the quick reply.
For my 1st child, does civil registry office cannot handle this? Please kindly confirm the laws governing this matter, if the child does'nt have a father what should be the child's name in the birth certificate? Is it really right to leave the middle name "blank" ? What about upon applying the documents like passport, will it be questioned?
Sad
2nd child, it's more clear to me. Thanks for the info.

God bless!

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4 Re: Family Matters: My children documents on Thu Oct 28, 2010 9:43 pm

attyLLL


moderator
civil registry will handle only clerical errors. i presume that your name and middle name are also on the birth certificate so immediately it's obvious it's not a clerical error.

if there's no father, the surname of the mother should be used.

it may be questioned, but it should not be a basis to reject an application for a passport.


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5 Re: Family Matters: My children documents on Thu Oct 28, 2010 10:14 pm

tricia_trick


Arresto Menor
Sir, how about the child middle name? it also follows my middle name. I already got a copy from NSO, and upon the late registration they don't advise anything about this.
I have friends which are also out of wedlock, their children follows their surname but the middle name are leave "blank" .
Now, this matter really confuse me. Thanks

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6 Re: Family Matters: My children documents on Fri Oct 29, 2010 9:06 am

resjudicata


Arresto Mayor
Hi tricia_trick, I concur with AttyLLL's remarks, it is not just a clerical error. So, your remedy is to file a verified petition for change of entry in your child's birth certificate with the local civil registry office of the place where the record being sought to be corrected or changed is kept and since you are presently working in Taiwan, you may file in person with the Philippine consulate there and your petition will be processed in accordance with RA 9048. All petitions for correction or change of names may be availed of only once.

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7 Re: Family Matters: My children documents on Fri Oct 29, 2010 12:18 pm

tricia_trick


Arresto Menor
Thanks for the info.
How long possibly this petition process will be done?
God bless!

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8 Re: Family Matters: My children documents on Sun Oct 31, 2010 6:27 pm

resjudicata


Arresto Mayor
Tricia_trick: Any update from your query at the Phil. consulate office there? Re my opinion dated Oct. 29 2010, please consider this amended advice. Your remedy is judicial intervention to effect any change on your child's middle name. Under RA 9048, changes, at the municipal civil registrar and consul general are allowed only if there are clerical or typographical errors and/or with respect to first name or nickname which are ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

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9 Re: Family Matters: My children documents on Tue Nov 02, 2010 10:16 am

attyLLL


moderator
tricia, i concur. removal of the middle name is not a clerical error.

it is correct that illegitimate children who have the surname of the mother do not have a middle name.


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10 Re: Family Matters: My children documents on Thu Nov 25, 2010 2:04 pm

tricia_trick


Arresto Menor
To attyLLL and Arresto Mayor,
Good day Sir's! Yes it is clear that this middle name problem is not a clerical issue. I can't find time to visit the Phil consulate here so I called the civil registry in Rizal which my son was registered, they told me it is automatic that the child will bear the middle name of their mother. And also mentioned to me that this are acceptable. Got problem why i have this kind of information from civil registry.
And update for my present situation, I might have a good oppurtunity and be relocate in Germany. Im still stuck with the same dilemma with the documents of my kids.
For my "bunso" case, if i just decided to let her used the surname of his father will there be any possible problem bringing them in Germany?
Godbless!

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11 Re: Family Matters: My children documents on Thu Nov 25, 2010 4:21 pm

attyLLL


moderator
i don't agree with the statement that the illegitimate child will bear the middle name of the mother.

i cannot speak for german law and what they will require. from the experience of others, if you are listed as the mother in the birth certificate, then that will be sufficient to establish your parenthood. some countries require proof that you have sole custody. best to inquire with experts in german immigration law.


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