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Can I use my maiden name in the BC of my child?

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beeonemom


Arresto Menor
I am married but separated already with my husband. Our marriage is not yet annulled though both parties agree on this. Now I'm pregnant with another man-- he's single and takes responsibility of the child. Can I use my maiden name in the birth certificate of my child? Also, can our child be named after his biological father without any hassles in the future? I'm expecting the annulment to be settled by next year. I hope you can give me legal advise on this matter. Thank you.

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attyLLL


moderator
the law requires that the child be named after your husband.


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cody12


Arresto Menor
does it mean that on name of father section of birth cert, the legal husband's name should be written inspite the fact that he is not the father?

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beeonemom


Arresto Menor
follow up question. pano po magkaroon ng right ang bata na kilalanin din ng biological father nya? if the child will be named after my ex-husband's family name, does that mean, his name will also appear in the FATHER'S NAME section in the birth certificate?

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attyLLL


moderator
cody, by law, yes. but i have to admit that in this situation, many people don't follow the law.

bee, see my answer above. the legal remedy is for the husband to file a petition to impugn the legitimacy of the spurious child within 1 year from filing of birth certificate.


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