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Family law and paternity

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1 Family law and paternity on Wed Jul 20, 2016 12:32 pm

gazmister


Arresto Menor
Hi . I am a British citizen married to a Philippine lady in Singapore. Our marriage is registered in Philippines and my wife's passport IC etc all carry my surname
My wife is pregnant and I am not the biological father. I love my wife very much and want to raise the child as my own.
The biological father want the child to be registered as his and use his surname .
Under Philippine law I just wanted to check if this was possible as my wife and I are legally married. I seem to remember being told some time ago that any child born within a marriage only recognises the husband as the father, irrespective of whether he is the biological father
Any advise appreciated

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2 Re: Family law and paternity on Wed Jul 20, 2016 3:18 pm

gazmister


Arresto Menor
...



Last edited by gazmister on Wed Jul 20, 2016 3:19 pm; edited 1 time in total (Reason for editing : mistake)

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3 Re: Family law and paternity on Thu Jul 21, 2016 10:40 am

attyLLL


moderator
The advise to you is correct. A child born in a marriage is presumed to be the child of the husband, and only the husband has the legal right to question it. At least the law in PH is that way, not sure in other jurisdictions.


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4 Family law and paternity philippines a on Thu Jul 21, 2016 2:50 pm

gazmister


Arresto Menor
Hi

So if the child is born while both parents are legally married, even if the husband isn't the biological father he has legal rights.

Can the biological father challenge the husband over paternity - and can the biological father enter his details on the birth certificate.

Am not sure of Philippine laws - but I assume someone would question why a married woman registers a birth and the father isn't the husband ???

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5 Re: Family law and paternity on Fri Jul 22, 2016 10:41 am

attyLLL


moderator
if the local civil registrar knows that the woman is married, they will or should refuse to allow the registration of a father other than the husband. the other guy has no rights in this situation.


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6 Re: Family law and paternity on Fri Jul 22, 2016 10:53 am

gazmister


Arresto Menor
Thanks ..and I assume in Manila when registering birth my wife will have to show her I D which carries my last name and has her status as married

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7 Re: Family law and paternity Today at 9:35 pm

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