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surname of illegitimate child

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1 surname of illegitimate child on Thu Dec 30, 2010 11:31 am

cookielg


Arresto Menor
what can you advice in a situation wherein the mistress is pregnant from a married man. what is the best thing to do, name the child after his father or the mother? considering the fact that if the wife knew about the illicit affair, she may use it as an evidence against the mistress or the husband? if ever we choose to name the child after his father.

another question, what case can a wife file to the mistress if caught?

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2 Re: surname of illegitimate child on Fri Dec 31, 2010 5:08 pm

attyLLL


moderator
it's not entirely up to the mother. is the father willing to sign the birth certificate in the first place?

what i would recommend is that she gets an affidavit of acknowledgment and affidavit to use surname now, but once the child is born, register under her own name. then later on use the the acknowledgment and ausf to authorize the child to use the surname of the father.

that way the child can use either name and not be limited to just one.


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3 Re: surname of illegitimate child on Mon Jan 10, 2011 8:15 pm

anmicajepa


Arresto Menor
1. Assuming the father acknowledges the child in birth certificate, what are the procedures needed to change the child's family name from the mother's to that of the father, later on if the child decided he want to use his father's family name?

2. Is there a limit on the age of the child that he is allowed to change his family name? In this case, the child is already in his teens and now a college student.

3. Can the child use both family names, just putting a hyphen in between?

4. After the change, How can the child reconcile all his previous official, school, government IDs, passports, etc. , and other records with the mother's family name to the new records of him now bearing his father's?

Thank you...

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4 Re: surname of illegitimate child on Wed Jan 12, 2011 5:05 pm

attyLLL


moderator
1) the father should also issue an authority to use surname of father and it should be filed at the civil registry

2) no limit

3) interesting question. in my opinion, the child should use the mother's name as a middle name and not as double last name. by law, that is only allowed for married women.

4) each one will have their procedure, but all of them will have to recognize that the name on the birth certificate has to be followed


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5 Re: surname of illegitimate child on Thu Jan 13, 2011 12:59 am

anmicajepa


Arresto Menor
Thank you, atty... What do you mean the name on birth cert will be followed?
Tsaka po pala does the child need to go to court and hire a lawyer or just register the authority of the father at the civil registry where the birth cert was registered? What about in the Natl Statistics Office?

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6 Re: surname of illegitimate child on Sat Jan 15, 2011 1:08 pm

attyLLL


moderator
the law requires that only the name on the birth certificate should be used.

what changes in the certificate are being thought of?


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