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already married and having a child with another man whose surname to use

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teenagirl


Arresto Menor
Need some advice here,

I am already a married woman, hindi nag tagal nag hiwalay lang kami ng asawa ko.Na buntis po ako sa ibang lalaki. Ano po bang surname ang gagamitin ko para ipa register yung baby ko? maari po bang gamitin ko ang ang surnmae ng biological father even if I am married? Willing po yung biological father na gamitin ang surnmae nya.

thanks.

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Katrina288


Reclusion Perpetua
Hi teenagirl,

Yes, since the biological father acknowledges that the baby is his, pwede mo ipaapelyido sa kanya ang baby ninyo. Papirmahin mo siya sa birth certificate ng anak mo so that it will show na he acknowledges the child as his. Kahit na kasal ka, illegitimate child pa rin yung anak mo sa bang lalaki.

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mimsy


Reclusion Temporal
ang nangyari po sa kaibigan ko pinaregister pa din under the name of her husband kasi di nya pwede sabihin sa birth certificate na single sya kung kasal naman talaga sya...and lalabas simulation of birth kasi di pwedeng gawing illegitimate ang isang bata when in fact he or she was born inside a marriage? bale yung asawa lang nya ang pwede magdispute ng legality ng status ng bata. yun e kung malalaman nya or interesado sya and pwede ata nya gawin within a year or 3 years kung nasa abroad naman sya.

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Katrina288


Reclusion Perpetua
Legal consequences of actions that you may take:

--- If you use the biological father’s surname, this can be used as evidence by your husband in filing a case of adultery against you and the biological father.

---If you inform the Local Civil Registrar that she is physically separated from your husband, the LCR will not allow you to register the child under the biological father’s surname because of Articles 164 and 167 of the Family Code.

---You can claim that you are single and then either leave the entry for the name of the father blank or use the biological father’s name; in this situation, you can potentially be charged with perjury.

---If you use your husband’s surname for the child, your husband can file a case of damages against you and you may also be criminally charged for simulation of birth certificate.

Whatever the wife does with the child’s birth certificate, there are adverse legal and practical consequences.



Last edited by Katrina288 on Mon Nov 24, 2014 8:18 am; edited 1 time in total (Reason for editing : typo errors)

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teenagirl


Arresto Menor
Katrina288 wrote:Hi teenagirl,

Yes, since the biological father acknowledges that the baby is his, pwede mo ipaapelyido sa kanya ang baby ninyo. Papirmahin mo siya sa birth certificate ng anak mo so that it will show na he acknowledges the child as his. Kahit na kasal ka, illegitimate child pa rin yung anak mo sa bang lalaki.

I was confused ms. katrina about this bec of what u posted below the last message you've posted.

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Katrina288


Reclusion Perpetua
teenagirl wrote:
Katrina288 wrote:Hi teenagirl,

Yes, since the biological father acknowledges that the baby is his, pwede mo ipaapelyido sa kanya ang baby ninyo. Papirmahin mo siya sa birth certificate ng anak mo so that it will show na he acknowledges the child as his. Kahit na kasal ka, illegitimate child pa rin yung anak mo sa bang lalaki.

I was confused ms. katrina about this bec of what u posted below the last message you've posted.

Sorry for the confusion caused. The last post only shows you the consequences of your choice of action kung iparegister mo yung baby mo under the biological father's last name or under the last name of your husband. Either way, merong criminal act involved.



Last edited by Katrina288 on Tue Nov 25, 2014 8:17 am; edited 1 time in total

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teenagirl


Arresto Menor
Okay. But what if my ex-husband doesn't care about it anymore, he will not file a case. Ok lang po ba?

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