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Marriage with Married Filipina and Baby Sur name.

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Hs2221


Arresto Menor
Dear Sir / Ma’am,
I am a Pakistani national and working in Saudi Arabia for last 7.5 years as an accountant. I need your kind help regarding following issue.
Sir, I got married with a Filipina in Hong Kong in 2015. She was working there as a domestic helper. After getting married, we had been staying apart from each other due to our nature of job. Last year my mother passed away and she came in Pakistan. In the meantime, she got pregnant there and later she came back to Philippines. She had chosen to give birth in Philippines while I had requested her to give birth in Pakistan. During whole time span of pregnancy, she had been asking me financial help which I have done in the form of remittance. The approximate figure is PHP 350,000/-.  At the time of giving birth on 22.05.2017, she had sent me a scanned copy of “certificate of live birth”. After filling it up, I had sent this to her. As per her words this form was submitted to the hospital. But, they didn’t consider it because we married outside the Philippines, and hospital staff didn’t put my details as a biological father in the birth certificate of my son and shown her marital status as unmarried.
She had signed the birth certificate of baby on June 5, 2017 with incomplete details. When, I asked her, why you signed an incomplete document when you didn’t find it correct? She told me that, after operation I wasn’t feeling well and I had signed that document without reading it.
In addition to above, recently, I have found a confirmation from NSO (National Statistics Office) that she is already married there in Philippines. I was totally blind regarding her ex marriage and she had been denying for last 5 years that she is single. She also told the same to the registrar officer in Hong Kong at the time of supplying our personal information to registrar officer.  
The above short information which, I have shared to you is for your kind knowledge. So that, I can seek any help from you. Please guide me what should I do and how my surname can be rectified in the papers of my son.


Thanking & Regards,

Yours Truly..

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xtianjames


Reclusion Perpetua
technically, your son would be considered as illegitimate since your wife was already married in the Philippines. The use of the father's surname for the illegitimate child is up to the mother. you can advise your wife to check with the city registrar where she's at for the requirements for how you can acknowledge your baby abroad.

you can check this for more info:

https://psa.gov.ph/civilregistration/republic-act-9255

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Ratchei


Arresto Menor
Salam Brother,

Do you have a Marriage Contract? If yes, you can use it to annotate (correct) the Birth Certificate of your child. I also sent you a private message.

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Hs2221


Arresto Menor
Sir, I have marriage contract. I did not receive your private message. At this moment she is not taking any action in changing surname of my child. Seems like I should take help of court and file a case of bigamy. What is your advice?

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AWV

avatar
Reclusion Perpetua
To be honest! Your marriage to her is NOT VALID in the first place! as she is already married before, therefore the surname of your child will be automatically under her husband not yours. Also you were married in 2015? She has to submit a Cenomar (Cetificate of No Marriage) If this is not submitted then your marriage is FAKE. If she submitted CENOMAR then its FRAUD! Even if you have remittances, you would need to request for a DNA to claim that her child is yours and you have to ask her permission in order to do that. If you do, the husband can actually file a case against you and her when you come to the Philippines, you may get away with it by playing innocent but it will be a long process.

Hs2221 wrote:Dear Sir / Ma’am,
I am a Pakistani national and working in Saudi Arabia for last 7.5 years as an accountant. I need your kind help regarding following issue.
Sir, I got married with a Filipina in Hong Kong in 2015. She was working there as a domestic helper. After getting married, we had been staying apart from each other due to our nature of job. Last year my mother passed away and she came in Pakistan. In the meantime, she got pregnant there and later she came back to Philippines. She had chosen to give birth in Philippines while I had requested her to give birth in Pakistan. During whole time span of pregnancy, she had been asking me financial help which I have done in the form of remittance. The approximate figure is PHP 350,000/-.  At the time of giving birth on 22.05.2017, she had sent me a scanned copy of “certificate of live birth”. After filling it up, I had sent this to her. As per her words this form was submitted to the hospital. But, they didn’t consider it because we married outside the Philippines, and hospital staff didn’t put my details as a biological father in the birth certificate of my son and shown her marital status as unmarried.
She had signed the birth certificate of baby on June 5, 2017 with incomplete details. When, I asked her, why you signed an incomplete document when you didn’t find it correct? She told me that, after operation I wasn’t feeling well and I had signed that document without reading it.
In addition to above, recently, I have found a confirmation from NSO (National Statistics Office) that she is already married there in Philippines. I was totally blind regarding her ex marriage and she had been denying for last 5 years that she is single. She also told the same to the registrar officer in Hong Kong at the time of supplying our personal information to registrar officer.  
The above short information which, I have shared to you is for your kind knowledge. So that, I can seek any help from you. Please guide me what should I do and how my surname can be rectified in the papers of my son.


Thanking & Regards,

Yours Truly..

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AWV

avatar
Reclusion Perpetua
Bigamy? Not a chance as your marriage is not in the same country and not even in your own country! HongKong? Thats a big questions unless your marriage is forwarded and registered in NSO. To sue her you have to be in the Philippines and it will be a long process as I already said.

Hs2221 wrote:Sir, I have marriage contract. I did not receive your private message. At this moment she is not taking any action in changing surname of my child. Seems like I should take help of court and file a case of bigamy. What is your advice?

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Ratchei


Arresto Menor
Since you have celebrated your Marriage in Hongkong under Muslim rite (I assumed), you can use this to prove that there was a Marriage before the conception. Therefore, your son is legitimate under Muslim Law.

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Ratchei


Arresto Menor
Hs2221 wrote:Sir, I have marriage contract. I did not receive your private message. At this moment she is not taking any action in changing surname of my child. Seems like I should take help of court and file a case of bigamy. What is your advice?

Since your Marriage is governed under Muslim Law, you should seek legal assistance of Shariah lawyer.

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