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how to change my daughter's surname to mine

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1 how to change my daughter's surname to mine on Thu Oct 27, 2011 8:41 pm

theapauline


Arresto Menor
I was 18 when I got pregnant. Pinanagutan naman ng BF ko that time, when our daughter was born, sinunod ko sa bf ko ang surname ng anak namin kahit hindi kami kasal. pero ngayon hiwalay na kami at gusto ko sana isunod na sa akin ang surname ng anak ko. panu ko po gagawin yun? hindi nagsusustento ang daddy nya at ilang buwan na ding hindi dumadalaw.

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public defender


Arresto Menor
First off, I would assume that you did not marry your bf. Hence, the advice would be as follows:

It is the right of your child to carry the surname of the father. This is based on a recent law. I think it is R.A. 9255 (allowing illegitimate children to use the surname of the father).

Now should you insist in having your child carry your surname, you can do this by filing a case in court changing the surname of the child to be that of yours and the child's middle name be left in blank.

This will be called a "Petition for Correction of Entries." This case will have to be published in a newspaper for three weeks.

A warning though. You will have to notify the father of your decision of wanting to change the surname of the child. This is the requirement of a recent 2008 case as removing the surname of the father might be prejudicial to the child in one way or another. Also, the Office of the Solicitor General, the government's representative in these kinds of cases might and will oppose regarding the change considering that the child might still want to carry the surname of the father.

Good luck. Hope this helps.

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attyLLL


moderator
i recommend you consider adopting your child to raise him to be a legitimate child and you can request that the name be changed.

i don't agree with the change of name route. there are specific grounds for that and if you can't prove one, the petition will be denied.


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public defender


Arresto Menor
there are several grounds in changing the last name to that of the mother's. one strong ground is to erase the traces of the father who appears to be uncaring and irresponsible towards the child.

again the advice was given with a warning that the changing of the surname to that of the mother's would be fraught with opposition but nonetheless, the same could be done.

i think there is a bit of ambiguity in theapauline's query in that she did not clarify if her bf was the biological father of the child or just "pinanagutan" or "sinalo" ang bata.

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Aero13


Arresto Menor
attyLLL wrote:i recommend you consider adopting your child to raise him to be a legitimate child and you can request that the name be changed.

i don't agree with the change of name route. there are specific grounds for that and if you can't prove one, the petition will be denied.

Hi atty. follow up question. what if, kaming dalawa ni gf ang mag adopt sa daughter niya (dati niyang bf) would it also be possible na mapalitan ang surname niya? would they notify the biological father? they are not in good terms kaya i am sure that hindi un papayag.

another thing is her daughter wants my surname. at i'm willing naman. ako narin kasi nag palaki sa bata. meron narin kaming sariling anak and it would really be beneficial for her pag magkakapareho kami ng apilido once kinasal na kami ng gf ko.

Thank you & God Bless atty.

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attyLLL


moderator
you have to marry your gf first to be entitled to adopt. if the father is not supporting then argue abandonment else make him pay for all you spent on his daughter. or talk nicely to him to agree that it's for the best interest of the child.


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Aero13


Arresto Menor
attyLLL wrote:you have to marry your gf first to be entitled to adopt. if the father is not supporting then argue abandonment else make him pay for all you spent on his daughter. or talk nicely to him to agree that it's for the best interest of the child.

he tried to support. pero tinanggihan ng gf ko. since they are not in good terms. at tinago na ng tatay before sakanya yung anak. so she thinks na pwede ulit yun mangyare. his condition kasi na para mag support daw siya ay mapunta din sakanya yung bata.. so she did not agree sa conditions.

but lagpas 1 taon na na hindi nagpaparamdam yung tatay.. concern din kasi kami sa bata.. baka maramdaman niyang naiiba siya..

Thanks in Advance Atty.

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attyLLL


moderator
you will have to name him as a respondent to the adoption case.


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theapauline


Arresto Menor
public defender wrote:

i think there is a bit of ambiguity in theapauline's query in that she did not clarify if her bf was the biological father of the child or just "pinanagutan" or "sinalo" ang bata.

He is the biological father. but we are not together anymore that's why I want to change my daughter's surname to mine

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