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CHANGING MY DAUGHTER'S SURNAME

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1 CHANGING MY DAUGHTER'S SURNAME on Mon Jul 25, 2011 11:54 am

kym325clanz


Arresto Menor
hi. i need a legal advice about my daughter's surname.
she is now six years old, and in grade one.
she has been using her father's surname since birth.

me and her father are not married.
we dont have any communication with him since after her 1st birthday.

now, i want to change my daughter's surname to my maiden surname, is it posible? how?

thanks in advance.

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2 Re: CHANGING MY DAUGHTER'S SURNAME on Thu Jul 28, 2011 10:55 pm

attyLLL


moderator
the proper way is adoption.


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3 Re: CHANGING MY DAUGHTER'S SURNAME on Fri Aug 12, 2011 1:18 pm

Diane I


Arresto Menor
Hi kym325clanz,

I can only assume your daughter is able to use her father's surname despite her being illegitimate (since there was no valid marriage between you and her father) because the father acknowledged her as his child.

The option you have is to change your daughter's surname through a PETITION FOR CHANGE OF SURNAME which is a court or judicial action; I don't think adoption is the apt way to go.



Kind regards,
Diane I

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4 Re: CHANGING MY DAUGHTER'S SURNAME on Fri Aug 12, 2011 8:52 pm

attyLLL


moderator
I respectfully don't agree, but that is just this attorney's opinion. and I'm very sure the OSG will oppose any petition for change of name under these circumstances.


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5 Re: CHANGING MY DAUGHTER'S SURNAME on Sat Aug 13, 2011 2:50 pm

Diane I


Arresto Menor
For one, RA 8552 (Domestic Adoption Law) enumerates in Section 5 those who may be adopted and clearly, kym325clanz's daughter is not labouring under any of those; apparently, that adoption in this case is the apt solution will not hold water.

I have yet to come across a law prohibiting a child who is illegitimate from using his mother's surname.

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6 Re: CHANGING MY DAUGHTER'S SURNAME on Sun Aug 14, 2011 7:02 pm

attyLLL


moderator
Again, I respectfully disagree. I read Section 8 and I see a very good ground for this situation where an illegitimate child can be adopted by his parent to raise him to the status of legitimacy.

I agree that a Petition for Change of Name is a possible remedy, but there is no guarantee, particularly when the Supreme Court has not been consistent with its rulings. And again, the OSG has been more vigilant against changes of name.


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7 Re: CHANGING MY DAUGHTER'S SURNAME on Thu Aug 18, 2011 1:16 pm

Yna


Arresto Menor
Hi kym,

We have same case.. I want my son to use my maiden name too. Have you come up with a solution? If so, please share...
Thanks..

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8 Re: CHANGING MY DAUGHTER'S SURNAME on Wed Aug 24, 2011 12:06 am

Aero13


Arresto Menor
also interested in this case. please update us on what we need to do.

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