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Married woman had a baby with another man - what should be the baby's middle and last name?

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kaisaya


Arresto Menor
Good day,

I am civil married with a man na hindi ko na po nakakasama for almost a year (he left me February 2011) - at wala na po kaming communication, though wala pa rin po kaming naaasikasong annulment gawa po ng money issues.

Right now, I am living in with an unmarried man and got pregnant. I would like to know if it's possible that our future-child-to-be's middle name would be my maiden surname (not my husband's) and surname would be the biological father's?

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concepab


Reclusion Perpetua
kaisaya wrote:Good day,

I am civil married with a man na hindi ko na po nakakasama for almost a year (he left me February 2011) - at wala na po kaming communication, though wala pa rin po kaming naaasikasong annulment gawa po ng money issues.

Right now, I am living in with an unmarried man and got pregnant. I would like to know if it's possible that our future-child-to-be's middle name would be my maiden surname (not my husband's) and surname would be the biological father's?

kailangan mo pa din ipagamit sa bata ang lastname na legal husband mo.

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kaisaya


Arresto Menor
Paano po kung hindi pumayag ang legal husband ko? Pwede kayang gamitin ang maiden surname ko as the child's middle name? Tapos surname ng biological father nya ang gamitin as the child's surname?

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attyLLL


moderator
both of you have no choice, at least from the point of view of the law. once registered, your husband can file a case to impugn the child's legitimacy.


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rafaelaramos96


Arresto Menor
Hi Atty,

I also have the same problem. My husband and I has been separated for 4 years now and is not in talking terms. My two girls are with him and I am now living with another man. I am pregnant by my live in partner and is expecting to give birth next month. I am glad to find this blog and is really in desperate need of an answer.
As seen on the earlier post that I cannot use the biological fathers surname for the baby since as ruled by law I am married and by default , technically the child will be my husbands son.
However, In the birth certificate there is a field stated "Father's name" can I put the name of the Biological Father there ? but the name of the child will be under my husbands surname?

Ex. Legal Husband Surname is Santos ( Gerardo Munoz Santos)

My Full Name:
Rafaela Ramos Santos
(Given Name) (Maiden Name) (Married Name)

Biological Fathers Name

Bryan Gonzales Agustin


Can the baby be named:

Eduardo Ramos Santos
(Given name) (Mother's maiden Name)(Mother's married surname)


but on the field that states "Father's Name"

I will put the name of : Bryan Gonzales Agustin ( Biological Father)
instead of Gerardo Munoz Santos ( My Husband)

Hope to hear from you soon and God Bless!

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attyLLL


moderator
no, that will not be allowed. the unlawful workaround that other people do is to declare they are single, but that is not proper.


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rafaelaramos96


Arresto Menor
Thank you for your reply.

I do not want to put that I am single since I will be travelling with my son after 5 months of giving birth and my Visa states that I am married.
I guess there is really no other way but to put the name of my baby under my husbands name even if he is not the biological father.
By the way this question just popped my mind, is there a way that after I gave birth to my baby that his biological father adopt him, so his surname will be under his?

Thank you so much for your rely. I thought that this is just another "so, so" blog that no one replies. But truly this is very helpful and educational! GodblesS!

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attyLLL


moderator
your husband can file a complaint to impugn the legitimacy of the child. adoption is theoretically possible, but both of you will have to relinquish parental authority


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hakilita


Arresto Menor
Good Afternoon!

I just want to seek advice from you. My cousin has been physically separated with her husband 3 years ago. The thing is, her husband was the one who left them and lived with another girl. Then right after, she had a boyfriend. Now, she is pregnant with her current boyfriend. Her problem is, she doesn't know what will be the child's name, given she is still married with her husband. What if she is going to use her husband's last name for the child, there is no assurance that her husband will let him use it. There is also a possibility that her husband might sue him for adultery. Is there any way how she will be able to use the biological's father name? Can you pls. advise what is the best solution for this.

Hope to hear from you very soon! Thanks a lot and more power!

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adel.villafuerte


Arresto Mayor
A baby whose biological father is other than the legal husband of the mother can not be named to such biological father unless there is a judicial declaration annulling the marriage of the legitimate spouses 10 months or more prior to the date of birth of such baby. Using the surname of the biological father named in a baby is a strong evidence that the mother of such baby commits adultery, and is a criminal offense under the Revised Penal Code.



Last edited by adel.villafuerte on Wed Jan 09, 2013 6:20 pm; edited 1 time in total

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attyLLL


moderator
please see my answer in post no 4.


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mimsy


Reclusion Temporal
if the woman declares in the BC of her child that she is single when in fact she is married, what could be the case against her aside from perjury?

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mary luna


Arresto Menor
Good evening Po. I am in almost the same situation po. I was married almost a decade ago. In those years , we always have problems already. i would say both of us contributed to it. In my case i was just too naive and looking back , i consider myself emotionally abused base on the grounds ive read in one of the sites. Anyway, I always had doubts and question his past, but he insisted that he was not married with the mother of her daughter. But, last 2010, i saw a 2 page paper of what seem to be an application of nullity of marriage and child custody, filed by the mother of his daughter. i was naive and was stupid and acted spontaneously with mix emotions. That i was right all along , and felt that i was mislead and felt regrets and realize that my almost 10years was wasted being confuse, self destructive and felt worthless and hopeless. But i took it as the past and did not gave my self the time to grieve or be sad as i felt that i wasted my life in rebellion of not being treated as a wife in the first place. and thats because i never was. and Marriage with him was void and invalid. i thought it meant that our marriage is not recognize and did not happen in the eyes of the Philippines law. I had a boyfriend after a year of being separated physically but before that i still asked permission from my "fake" husband. I told my "fake" husband that i dont love my Boyfriend at all and that its just a little bit less lonely knowing i have one even if the boyfriend is not living in the same province with me all the time. when my Fake husband introduce his young girlfriend of the same age as her daughter from the first wife. i rebel and ask his permission to be pregnant with my boyfriend. I got pregnant and did not worry as i considered and believed that out marriage was fake ,void or null anyway. is this right for me to assume. I have my second childs name under my surname and is illegitimate. am i right to assume that my fake husband has cant blame me or sue me? because our marriage was made fake by him on purpose anyway in the first place?


Thank you for reading. there is just too much to say.

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14 Additional Question on Thu Sep 04, 2014 6:21 am

boompanis13


Arresto Menor
What if naghiwalay na yung mag live in partner sa kasong yan then since anak ng live in partner yung 3rd child if there is a scenario na gustong makita ng live in partner yung anak nya at ayaw ng nanay, may habol din ba yung live in partner?

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concepab


Reclusion Perpetua
boompanis13 wrote:What if naghiwalay na yung mag live in partner sa kasong yan then since anak ng live in partner yung 3rd child if there is a scenario na gustong makita ng live in partner yung anak nya at ayaw ng nanay, may habol din ba yung live in partner?

may karapatan na bisitahin ang bata. kailangan lang tamang paguusap.

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JJSeparated8


Arresto Menor
Hi,

Good day. I need any advise or suggestion please. I was married when I was 19, we only live together for like 3 years and we have 2 kids, we separated since 2002 that was 13yrs of separation though we have not filed any legal papers and I don't know his whereabouts cause I did not bother to asked for any support from him. Right now I have a new partner, we've been together for 7yrs already. I am currently 1 month pregnant and as much as I want to go for pre natal check up I am afraid of the legalities questions from the Doctors. I just want to know if whose last name can I have my baby? Can I use my mother's maiden name like yung sa single na last name? or can I let me current partner's last name? I prefer my maiden name para sana hindi complicated. Can I declare single sa mga hospital papers? pero pag dating kasi sa Philhealth and SSS ang concerns ko cause all my papers are already married though meron akong single na mga IDs. Please help. Really need your advise or suggestions. In short I don't have any communication with my ex husband for 13yrs now. Please help...

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paranoia_rebirth


Arresto Menor
JJSeparated8 wrote:Hi,

Good day. I need any advise or suggestion please. I was married when I was 19, we only live together for like 3 years and we have 2 kids, we separated since 2002 that was 13yrs of separation though we have not filed any legal papers and I don't know his whereabouts cause I did not bother to asked for any support from him. Right now I have a new partner, we've been together for 7yrs already. I am currently 1 month pregnant and as much as I want to go for pre natal check up I am afraid of the legalities questions from the Doctors. I just want to know if whose last name can I have my baby? Can I use my mother's maiden name like yung sa single na last name? or can I let me current partner's last name? I prefer my maiden name para sana hindi complicated. Can I declare single sa mga hospital papers? pero pag dating kasi sa Philhealth and SSS ang concerns ko cause all my papers are already married though meron akong single na mga IDs. Please help. Really need your advise or suggestions. In short I don't have any communication with my ex husband for 13yrs now. Please help...
similar na similar sa estado ng live-in partner ko yung case mo ma'am. pati edad mo nabuntis at year of separation nyo.

speaking from my point of view (hindi po ako attorney) bilang ako mismo naka-experience nyan. nag-live-in kami noong 2004 at nagkaanak ng 2009. legalities po sa papel ng bata, wala naman pong kwestyon sa doktor yun. walang karapatan ang doktor na panghimasukan ng pribadong buhay ng pasyente nya. tungkol sa last name, pagkapanganak po ng bata ay pwede pong isunod sa apelyido ng tatay pero pipirmahan nya ang likod ng birth cert bilang patunay na ina-adopt nya ang anak nyo. kumbaga ginagawa nyang legitimate child ang illegitimate child nyo. kung maaari ay sya ang magpa-register ng baby nyo tulad ng ginawa ko.

ngayon tungkol sa legal action na pwedeng gawin ni ex-hubby mo sayo, pwede ka nyang i-demanda kahit pa matagal na kayong hindi nagkita. yun ay dahil wala namang naging closure yung relasyon nyo (court decision). Article 40 of the Family code provides that persons cannot take the law into their own hands and simply declare by themselves that their marriage is null and void. sabi mo nga hindi ka/kayo gumawa ng legal na hakbang para mapawalang-bisa yung nauna mong kasal so valid pa rin po yun. hindi ka pwedeng magkaanak sa iba so liable ka sa kung anuman ang legal na hakbang na pwedeng gawin ng ex-hubby mo sayo dahil sa pagdadalang tao mo.

wish mo nalang na hindi ka nya gambalain pag nagkataon. on our case kasi hindi nakialam ang ex-hubby nya dahil may iba na ring pamilya at nagkaanak na rin sila. pumanaw ang ex-hubby ng live-in partner ko noong july 2014 due to an accident. habang naghihingalo ay nakuha pang mag-sorry at sila ay nagkapatawaran bago tuluyang malagutan ng hininga si lalaki.

uulitin ko po, yan ay based from my experience and not coming from a legal expert.

edit: karagdagan lang po. hindi agad naging legal ang kasal nila noong 1999 dahil hindi ipinarehistro ni ex-hubby yung kasal sa huwes kaya lahat ng papers ng live-in partner ko ay single. kaya nung pina-register din yung baby namin ay single ang status ng mother kahit pa kasal sila. lately lang ipinasok ng hubby yung papel, so ang naging kawawa ay yung 2nd family nya dahil walang naging habol sa insurance nung biglaang namatay si guy. sa legal wife (my live-in partner) pumasok ang lahat at binigyan nalang namin ng parte yung illegitimate child nya dahil yun ang nakasaad sa batas.

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concepab


Reclusion Perpetua
paranoia_rebirth wrote:
JJSeparated8 wrote:Hi,

Good day. I need any advise or suggestion please. I was married when I was 19, we only live together for like 3 years and we have 2 kids, we separated since 2002 that was 13yrs of separation though we have not filed any legal papers and I don't know his whereabouts cause I did not bother to asked for any support from him. Right now I have a new partner, we've been together for 7yrs already. I am currently 1 month pregnant and as much as I want to go for pre natal check up I am afraid of the legalities questions from the Doctors. I just want to know if whose last name can I have my baby? Can I use my mother's maiden name like yung sa single na last name? or can I let me current partner's last name? I prefer my maiden name para sana hindi complicated. Can I declare single sa mga hospital papers? pero pag dating kasi sa Philhealth and SSS ang concerns ko cause all my papers are already married though meron akong single na mga IDs. Please help. Really need your advise or suggestions. In short I don't have any communication with my ex husband for 13yrs now. Please help...
similar na similar sa estado ng live-in partner ko yung case mo ma'am. pati edad mo nabuntis at year of separation nyo.

speaking from my point of view (hindi po ako attorney) bilang ako mismo naka-experience nyan. nag-live-in kami noong 2004 at nagkaanak ng 2009. legalities po sa papel ng bata, wala naman pong kwestyon sa doktor yun. walang karapatan ang doktor na panghimasukan ng pribadong buhay ng pasyente nya. tungkol sa last name, pagkapanganak po ng bata ay pwede pong isunod sa apelyido ng tatay pero pipirmahan nya ang likod ng birth cert bilang patunay na ina-adopt nya ang anak nyo. kumbaga ginagawa nyang legitimate child ang illegitimate child nyo. kung maaari ay sya ang magpa-register ng baby nyo tulad ng ginawa ko.

ngayon tungkol sa legal action na pwedeng gawin ni ex-hubby mo sayo, pwede ka nyang i-demanda kahit pa matagal na kayong hindi nagkita. yun ay dahil wala namang naging closure yung relasyon nyo (court decision). Article 40 of the Family code provides that persons cannot take the law into their own hands and simply declare by themselves that their marriage is null and void. sabi mo nga hindi ka/kayo gumawa ng legal na hakbang para mapawalang-bisa yung nauna mong kasal so valid pa rin po yun. hindi ka pwedeng magkaanak sa iba so liable ka sa kung anuman ang legal na hakbang na pwedeng gawin ng ex-hubby mo sayo dahil sa pagdadalang tao mo.

wish mo nalang na hindi ka nya gambalain pag nagkataon. on our case kasi hindi nakialam ang ex-hubby nya dahil may iba na ring pamilya at nagkaanak na rin sila. pumanaw ang ex-hubby ng live-in partner ko noong july 2014 due to an accident. habang naghihingalo ay nakuha pang mag-sorry at sila ay nagkapatawaran bago tuluyang malagutan ng hininga si lalaki.

uulitin ko po, yan ay based from my experience and not coming from a legal expert.

edit: karagdagan lang po. hindi agad naging legal ang kasal nila noong 1999 dahil hindi ipinarehistro ni ex-hubby yung kasal sa huwes kaya lahat ng papers ng live-in partner ko ay single. kaya nung pina-register din yung baby namin ay single ang status ng mother kahit pa kasal sila. lately lang ipinasok ng hubby yung papel, so ang naging kawawa ay yung 2nd family nya dahil walang naging habol sa insurance nung biglaang namatay si guy. sa legal wife (my live-in partner) pumasok ang lahat at binigyan nalang namin ng parte yung illegitimate child nya dahil yun ang nakasaad sa batas.

Ayon sa ating batas kung nagka-anak ang isang babae sa ibang lalaki na hindi asawa, ang bata ay ipaparehistro under the name of the legal husband. you cannot say walang pakialam ang Doctor dahil liable sila sa batas. Additionaly, kung sasabihin mo na inapon right after the birth, it is not that simple dahil may batas nagta-takda ng alituntunin at pamang paraan ng pag-ampon. that is simulation of birth kahit pa siya talaga ang biological father ng bata. And no Doctor will allow that dahil sila mismo alam nila na sabit sila kapag may nagsampa ng kaso.

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paranoia_rebirth


Arresto Menor
well i guess i'm lucky.

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JJSeparated8


Arresto Menor
@Paranoia_rebirth:
Thank you for the info.. good for you kc single dala ni partner mo walang probs sa mga papers tho I was still 19 that time nag work na kc ako so need to change/update all my papers, and dead na si ex-hubby so you're free na. GOD is GOOD meant talaga kayo. Ung sa akin naman I really don't know if he is still alive, the reason we separated is because my nabuntis din sya that time while buntis ko ung 2nd child namin so I let go of him and strong talaga ako I stand with my decision na hindi mag ask ng support. The last time I know that was 2011 when I accidentally met his brother sabi my pamilya na and 4 kids. So I guess he won't bother me anymore, hopefully coz I did not even bother to ask him for a single peso sa support. Actually me and partner are really working on the annulment one step at a time lang kc pera din and my 2kids are in High School already.. Good for you free na kayo.. thank you talaga sa info. I will just discuss these options with my Doctor and wish me luck.. Thank you talaga..GOD Bless :-)

@concepab:
Thank you din sa info at heads up mo. Thank you for being straight forward with the information. I am just hoping for the best of everything. GOD Speed!

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concepab


Reclusion Perpetua
JJSeparated8 wrote:@Paranoia_rebirth:
Thank you for the info.. good for you kc single dala ni partner mo walang probs sa mga papers tho I was still 19 that time nag work na kc ako so need to change/update all my papers, and dead na si ex-hubby so you're free na. GOD is GOOD meant talaga kayo. Ung sa akin naman I really don't know if he is still alive, the reason we separated is because my nabuntis din sya that time while buntis ko ung 2nd child namin so I let go of him and strong talaga ako I stand with my decision na hindi mag ask ng support. The last time I know that was 2011 when I accidentally met his brother sabi my pamilya na and 4 kids. So I guess he won't bother me anymore, hopefully coz I did not even bother to ask him for a single peso sa support. Actually me and partner are really working on the annulment one step at a time lang kc pera din and my 2kids are in High School already.. Good for you free na kayo.. thank you talaga sa info. I will just discuss these options with my Doctor and wish me luck.. Thank you talaga..GOD Bless :-)

@concepab:
Thank you din sa info at heads up mo. Thank you for being straight forward with the information. I am just hoping for the best of everything. GOD Speed!

Good luck.

Just additional heads up for you. You are married, although you are allowed to use your maiden name but stating that you are single in a official public document is another issue - that is misrepresentation. just keep in mind that sometimes work around may lead to a bigger problem some day.

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