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WHAT SURNAME TO USE FOR MY BABY IF HE'S ILLEGITIMATE?

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nadal


Arresto Menor
Good day po!!!

I would like to inquire kung ano po dapat gamitin na surname ng baby ko pagka panganak ko sa knya this month, legally married po ako sa 1st husband ko pero hiwalay na, ganun din po ung ka-live in ko ngayon, married din sya pero hiwalay na..Nagka baby po kmi, d2 sa abroad, pinoproblema po namin ung processing ng birth cert nya kung ano mas maganda ilagay kung surname nya or ung maiden name ko na lng kasi po 'di namin alam kung magkaka conflict pag nilakad namin ung passport ng baby sa phil embassy dito sa abroad..wala kming ipe present na marriage contract kasi di nman kami kasal..
Kung maiden name ko na lang po kaya? kaso ang nasa passport ko kasi married name ang nakalagay, okay lng po ba na ung surname na lng ng dad nya na ka-live in ko ngayon kasi sya nman ang tatay,di po b magkaka problema sa processing ng passport nya d2 sa abroad yun or maiden name ko nlng po para mas mapadali processing??
Thanks po...

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attyLLL


moderator
i don't know about problems about processing of passport, but the law dictates that the father of the child is your husband, not your live in partner. you can put false statements in his birth certificate such as you are not married but you do so at your own risk.


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nadal


Arresto Menor
So, it's better to use my maiden name instead of my boyfriend's surname because we're not married nor my ex-husband's surname 'coz he's not the fathher of the baby?
In the future, can I change the surname to my boyfriend's surname if he insists to change it to follow his surname? Thanks...

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attyLLL


moderator
no, what the law requires you is to put your husband as the father and use his last name. only he can say that the child is not his. sorry, the law is weird that way.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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nadal


Arresto Menor
you mean to say, even my husband is not the father, i can use his surname to my baby for his birth cert? what if he sue me for doing this w/o his knowledge?we're separated and I'm now living w/ my boyfriend who's the real father of the baby?Can't I just use my maiden's surname para di po nakakalito?

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rchrd


moderator
The advice of Atty LLL is clear already. Nadal can just simply call her ex-husband, tell him she is recording the child under his name for now but she will have it changed when she reaches the Philippines.

Just inform your husband that:
1. I am coming home to have our marriage voided or declared void (for our good and the good of our new families);
2. I have a child that is not yours but for convenience and in obedience to the Family Code she/he will be recorded as your child in the meantime; dont worry because when our marriage is nullified/declared null already, we will remove your name on the Birth Cert.



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