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Child's surname

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1 Child's surname on Tue Nov 22, 2016 3:09 am


Arresto Menor
And sir,ask ko lng din po kung tama ang gagawin ko,manganganak napo kasi ako this coming february 2017, with my live in partner . Pero hindi pa po ako legally annulled dahil po dun married name ko po ang aking gnagamit paano po ang ggawin ko pag nagsign na ako ng birth cert. Pra sa magging baby namin ng kalive in ko. Tama po bng gamitin ko yung name ko as single para hindi madala ng anak namin ng kalive in ko yung name ng ex husband ko, at mabbgay prin po ba ang maternity benefits ko kung magappear sa birthcertificate ung single name ko at iba ang surname ng baby? Pls help po mejo confused po ako..

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2 Re: Child's surname on Tue Nov 22, 2016 8:26 am


Arresto Mayor
Despite you having a new relationship does not absolve your ex-husband from obligation of providing financial support to your children; however, for your eldest son, your ex-husband is not obligated by law to provide for him as he is at the age of majority (18 years old).

For your second query, the child will be considered under your first marriage.

These are some legal repercussion that may happen to you:

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

If you inform the Local Civil Registrar that you are physically separated from your ex-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 ex-husband’s surname for the child, your ex-husband can file a case of damages against you.

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