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Surname of my child

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1 Surname of my child on Mon Jan 12, 2015 7:47 pm


Arresto Menor
I have been separated with my legal husband for around 10 years now, and I have a new significant other now. We're going to have a baby. Would I encounter problem in registering my baby since he/she will be using my significant other's surname?

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2 Re: Surname of my child on Mon Jan 12, 2015 8:20 pm


Reclusion Perpetua

In your case, here are the possible consequences of the actions that you may take.

Under the Family Code of the Philippines, a child born during the validity of your marriage is presumed to be a legitimate child of you and your legal husband.

Since the father of the child is not your husband, you may either:

1. Use the surname of your husband
- But if your husband learns of it, he will most likely contest that because he is not the father of the child.

2. Use the surname of the real father
- You will expose yourself to the criminal case of Adultery and that birth certificate is a proof
- You will be forced to place "single" as your status because the civil registry will not allow you to record the birth of your child kung married ka pero iba naman tatay na nakalagay sa birth certificate

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3 Re: Surname of my child on Thu Jan 29, 2015 1:56 am


Arresto Menor
Hi I have same issue, I'm separated for 2 yrs (not legally) and now living with other man, got pregnant and gave birth last December. We already register the BC and the indicated father is her biological father. My office already advanced my Maternity benefit and they are not aware on it until my SSS paper's return to them because of the surname indicated on the BC. Hindi ba mapaprocess sa SSS ang Maternity benefits ko?Magkakaron ba ng conflict sa BC ng baby ko?Pano ko sya maidadagdag sa mga beneficiaries ko with her BC? Can i replaced my civil status from married to single without any legal papers such as legally separated or annulment?

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