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Child's Surname

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1 Child's Surname on Tue Dec 14, 2010 2:04 pm

sandy728


Arresto Menor
Hello there. I have an annulment case that is yet to be filed this week. I'm filing an annulment case against my husband on the grounds of psychological incapacity. We have been married for more than 20 years and throughout those years he was a gambler, alcoholic and drug user. We had a child a year after our marriage but he died of brain tumor before he became 4 years old. I have done everything to save our marriage (marriage counselling, Couples for Christ, Marriage Encounter seminars/retreats, psychological/psychiatrical consultation on his part)but to no avail... Finally I had the courage to leave the house last year but he sold everything in it including my personal belongings. I was then convinced that I had to push through with the annulment.Sometime last year he was jailed for illegal drugs possession but was set free after working it out with the police. A few months after I left the house I met someone, we fell in love and I became pregnant. I have used my legal husband's family name on the birth certificate of the baby considering the benefits I will get from my employer.

My dilemna is:
1.Am I right to use my legal husband's surname in the birth certificate. I left the father's name blank.I have registered the BC at the Civil registrar since my employer requires a registered BC for my benefits claim. Will it be automatically registered at the NSO?
2. How about in the baptismal certificate, can I use my maiden's name or the surname of his real father?

I am worried not only on the fact that my legal husband might be able to secure a copy of the BC at the NSO and use it against me and more so about the complication my child has to go through by the time he goes to school or in case we will travel abroad in the future.. Please help me. Thanks.

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2 Re: Child's Surname on Wed Dec 15, 2010 1:20 pm

attyLLL


moderator
1) the law looks at the child as that of your husband. you cannot claim otherwise, even if you have a dna exam. only he has the right to impugn the legitimacy of the child. it was correct to use your husband's surname for him.

2) baptismal certificate has no legal bearing, but i recommend that you use the name on the birth certificate


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3 Re: Child's Surname on Thu Dec 16, 2010 11:29 am

sandy728


Arresto Menor
Thanks so much AttyLLL for the info. I have a follow-up inquiry, pls:
When my marriage gets annulled, can I then use my maiden name? Will my son retain my husband's family name? In that case what could be the remedy. What if I plan to go abroad and I will be securing a passport for my son?

Thank you.

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4 Re: Child's Surname on Fri Dec 17, 2010 11:49 am

attyLLL


moderator
it depends on what was the ground for annulment. if for psycho incapacity, the child remains to be the legitimate son of your husband. you will have to continue using his current name.

you can use your maiden name now, but if you try to have it changed in licenses and passports, they may refuse unless you are already annulled.


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5 Re: Child's Surname on Wed Dec 22, 2010 5:17 pm

sandy728


Arresto Menor
Dear AttyLLL,

Is there a way that I could change my son's name on my maiden name or my current husband's name.

Thank you and more power...

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6 Re: Child's Surname on Wed Dec 22, 2010 10:34 pm

attyLLL


moderator
there is no legal solution for that. the law looks upon him as the legitimate son of your legal husband.


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7 Re: Child's Surname on Thu Dec 23, 2010 9:11 pm

sandy728


Arresto Menor
Dear AttyLLL,

According to a friend of mine I should have used my maiden name for my son to avoid complication since my legal husband might be able to find out thru NSO about my son and use it against me in the annulment case I filed.

Is there a way I can have it changed now. I have it registered at the local civil registrar. Isn't it that the local civil registrar automatically forwards a copy of the birth certificate to the local NSO.

Thank you for your assistance.

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8 Re: Child's Surname on Fri Dec 24, 2010 3:24 pm

attyLLL


moderator
I repeat: even if you come up with a DNA report stating that he is not the son of your husband, the law will not allow it.

Only your husband has the right to impugn the child, and he should have done so 1 year from the time the birth certificate was filed, else it is barred forever.


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9 Re: Child's Surname Today at 10:09 pm

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