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Changing child's name from father's name to mother's maiden name

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singlemom16


Arresto Menor
Hi there! I have a 4yrs old son, I am not married and on my son's birth certificate, his father signed an affidavit that he is acknowledging his son and is allowing him to use his surname. My son's father is a seaman and is giving monthly support (he is giving it thru his parents, his parents would go here at our house to give it) which is like 3,000php only (not really money because they will go here bringing milk and some groceries)! I don't want to bother asking for more child support since I am getting married next year (not with him). I would just like to know if it is possible or easy to change my son's surname to my surname? I hope I can get a reply soon. Thanks!

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attyLLL


moderator
after you get married, you and your husband can adopt him so he will have your husband's surname, and he will be considered your legitimate son.


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singlemom16


Arresto Menor
If that will be the case, does it still require the sign of my son's father??

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attyLLL


moderator
yes, it will require his consent.


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singlemom16


Arresto Menor
What if he doesn't want to give his consent? I'm sure he won't give it because he wants my son to carry his surname. Are there any options that won't require his signature?? He's not giving enough money for his son though,can't we use that against him? Can't we use that so it won't require his consent anymore??

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singlemom16


Arresto Menor
Isn't possible for me to just change my son's surname to my maiden name?? coz if that will be the case, he will be illegitimate and once my husband adopted him, then we just need MY CONSENT not the father's sign anymore..

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attyLLL


moderator
the basis for allowing adoption without consent is abandonment. he is still giving support so that cannot apply. try to leverage asking for a large support for his consent.

your idea of a short cut won't work. even if you change his surname, the fact of the father will not change.


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singlemom16


Arresto Menor
Hi Atty! I just got my son's birth certificate from NSO and it has the "Admission of Paternity" that was signed by his father and me. It doesn't have the "Affidavit to use the father's surname" paper. If this will be the case, can I file a petition for my son's surname change because I didn't authorize my son's father to use his surname?? Thanks!

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attyLLL


moderator
it is the father who gives authorization to use his surname, not the mother. and that is necessary only if there is no admission of paternity
.


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kastheen


Arresto Menor
hi attorney. i have a similar problem as singlemom16, the only difference is that my child's biological father does not and has never given any financial support. Is that enough ground to not ask his consent for changing my child's surname to mine? he has signed the birth cert because he was the one who filed it. however, after that, we haven't heard from him until lately and he doesn't acknowledge my child in public. i don't want to ask for any financial support, just want to change my child's surname to mine.

thanks in advance.

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attyLLL


moderator
i believe the proper process to achieve your objective is adopting your illegitimate daughter to raise her to the level of a legitimate child, and hopefully the court will grant a change of name.


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ms.axlrose


Arresto Menor
hi attorney!
similar case lang din po ang ihihingi ko ng advise. hindi po kami kasal ng tatay ng 2 kids ko, pero kinilala naman niya 'yun mga bata kaso after 3years po naghiwalay na din kami dahil hindi po talaga siya makapagprovide sa simula pa lang. sa loob din ng taon na nagsama kami ako na ang nagtratrabaho para sa amin. hanggang ngayon po kahit piso wala siyang maisustento sa mga bata. nagkasakit pa siya dahil sa bisyo niya. gusto ko po sana pabago din ang last name ng bunso ko since 'yun panganay ko eh naisunod ko na sa apelyido ko dahil late register naman at napalitan pa sa ospital kung saan ako nanganak. gusto ko na po talaga mapalitan at maisunod ang surname ng bunso ko dahil ang hirap naman din na magkaiba sila ng apelyido ng kapatid niya. kung mahaba at matagal po ang proseso ng petition for correction of entries paano po ba 'yun sinasabi niyong adoption? anu-ano po ang hakbang at mga requirements. maraming salamat po.

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attyLLL


moderator
i do not agree the petition for correction of entry is a proper remedy. as you can see from my replies above, I am more inclined that you adopt your child so that there will be a valid change of name. procedure: http://www.pinoylawyer.org/t4889-adoption-process


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nkc616


Arresto Menor
Hi Atty,

Good Day!...

Ask ko lang po kung ano po ba ang magandang gawin ko sa situation ko. May anak po ako 8yrs.old na po sya ngayon pero dala nya ang surname ng biological father nya at naka lagay sa birth certificate nya na kasal kami pero hindi po kami kinasal kahit kailan at mali ang birth year ko sa birth certificate ng anak ko 17 lang po ako noong nanganak ako pero ang nakalagay sa birth certificate ko is 18 na ako. At simula noong pinanganak ko na ang anak ko wala ako hiningi sa kanila kahit magkano maliban sa pagpapatira nila sa akin ng ilang taon sa bahay nila. Sa ngayon po kasal na ako sa iba at gusto po ng asawa ko ngayon na bitbitin na ng anak ko ang surname nya. Kaso lagi ako pinag babantaan ng EX ko na ilalayo nya sa akin ang anak ko oras na makuha nya sa akin ang bata at hindi kailan man papalitan ang palelido ng anak ko. Kailangan ko pa po ba hagilapin ang real father ng anak ko o kahit hindi na po?. May habol po ba sya sa anak ko?.


Thanks!...


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attyLLL


moderator
docs aside, your child is illegitimate and therefore only you have parental authority.

however, since the child's birth certificate shows him to be a legitimate child of married parents, you have to file a petition to correct his birth certificate.

as for changing his name, in my opinion, you should adopt your child


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sirc


Arresto Menor
hi po,
i have a 2 month old son bearing his Dad's surname, who is married, sinabi lng niya na may asawa sya nong 6 mos na po akong buntis, it's too late na po db? Tinatanong ko p naman sya before, sabi niya binata daw sya un pala may asawa na.
Isa po syang seaman, pero ni piso wala po syang binibigay sa akin, sa ming mag.ina hanggang ngayon. Very Irresponsible! Di rin niya binibisita anak niya.
Ang tanong ko po:
1. Pwede po b akong maghabol sa support niya kahit married sya? Ano po possible case if ever di nya susustentohan ang bata?
2. May possible case po b na pwede ipataw sa akin if mag complaint ung legal wife niya?
3. Possible po b na papalitan ko surname ng baby ko into my surname? Ano po ang pinakamadaling gawin?

thank you po.

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attyLLL


moderator
1) yes, you can demand support
2) monetary damages for interference in marital affairs
3) i advise to adopt your child.


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vanatoots


Arresto Menor
meron po akong 2 anak, yung tatay nila pumirma sa dun sa likod ng birth certificate, sa birth certificate din mismo apelido na nya yung pnagamit sa 2 bata. hindi po kami kasal, pwede pa ba na baguhin ko yung apelido nila sa apelido ko? mag kalive in po kami pero ako ang nagttrabaho para sa amin at ngaun gusto ko na syang hiwalayan sa pagiging irresponsable nya. salamat po

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attyLLL


moderator
in my opinion, the proper solution is to adopt your children to allow the effect of change of name.


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kayajaie08


Arresto Menor
Hi Atty,

I have a question po. I have two kids with the same father. Problem is the eldest is registered under my last name and my youngest was registered under their father's last name. He is now in qatar working as an OFW. He is giving monthly support but not enough to support his kids financially. A friend of mine told me that I can get the correct financial support if i ask help from OWWA. What is the process for changing the last name of my eldest so i can file for support from OWWA for both of them?

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fonzyred


Arresto Menor
Hello atty,

I am currently pregnant, legally married to the father of my child and I have an on-going annulment case with him...is it possible that after giving birth to my baby, even if the annulment is still on going, that my baby can use my surname? I havent changed any records with my husbands surname...

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lhylah1205


Arresto Menor
Attorney, my sister has a similar problem.. Her daughter 4 years old now is named after his biological father who hasnt given any support for that years.. My sister want to change her daughters surname to our last name, what is the easy way? Cause her daughter needs to go to school this coming enrollment and we want her to used that name for her school records... Thanks, God Speed

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fonzyred


Arresto Menor
fonzyred wrote:Hello atty,

I am currently pregnant, legally married to the father of my child and I have an on-going annulment case with him...is it possible that after giving birth to my baby, even if the annulment is still on going, that my baby can use my surname? I havent changed any records with my husbands surname...

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ladyjustice32


Arresto Menor
hi! my Petition for Annulment have just been granted and I am thinking of having my 2 year old son's surname changed from that of his father's, to my maiden surname. My ex-husband and I have been separated since Sept. 2010 and I have no idea where he is neither does he give any support to our son. As I have read, your advice to those who want to have their child's surname changed is adoption. Can I do the same? and is the almost 2 years absence and non-giving of support sufficient to constitute abandonment so that I won't need to secure my ex-husband's consent to the adoption of my child? Smile

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25 Children was registered using fake documents on Fri Jun 15, 2012 4:22 pm

basti_emmanuel


Arresto Menor
Hi po! My wife's children from her previous boyfriend was registered in a local LCR using fake documents (marriage certificate), fake signature (attending nurse or kumadrona). Now my wife wants to change the surname of her children to her surname. The children was using her surname since they started school.

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