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Illegitimate Child would like to use her Father's Surname

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Arresto Menor
I got pregnant to a man who is currently married,and my daughter's surname bears my surname, now that she's 2 yrs old and about to study in the next couple of years, I wanted her to use her dad's surname.

Here is what happened, when I gave birth, my mom disapproves my BF to sign for her surname as it can be used as legal document for Polygamy, which is I am not aware as well.

Now my question is:

1. If my daughter will use her dad's surname, are we going to have some problems in terms of him being charged as poligamous? He isn't annulled yet, and the wife is not aware of the child,

2. How do I go about this? or just don't continue with it? your thoughts please....

Last edited by jimbee_10 on Fri Mar 04, 2011 1:12 am; edited 2 times in total

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Arresto Menor
Hello jimbee! Smile

As far as I remember from my Persons and Family Relations Class, illegitimate children can not use the surname of their father, even if the father admits paternity. They shall use the mother's surname. The only exception where an illegitimate child can bear the surname of his father is when the parents are living together with the child, both exercising parental authority.

I think that if you use the father's surname, your daughter, may, in the future, be held liable under aticle 378 of the civil code which provides that the unauthorized or unlawful use of another person's surname gives a right of action against the latter.

I failed my class btw Smile Haha!

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Arresto Menor
Thank you for your answer.

Umn.. well, yes we are currently living in together in one house... this case is getting more serious... hehehe... Thanks! banghead

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kdfd, i guess you don't remember the revilla law.

is the father willing to acknowledge the child by executing an affidavit of acknowledgment and authority to use surname of the father? you should go to the civil registrar where the child was registered and inquire what their requirements are. once approved, the child can use the surname of the father.

living together with another woman makes both of you vulnerable to a charge of concubinage, and the man to a charge of psycho violence under RA9262

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Arresto Menor
*Ooops, sorry! Revilla Law noted Smile

THANK YOU! New information for me cheers

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