married but pregnant by another man

Hi Po,

Please do help!!! I'm still married but separated in fact for 3 years now and my ex has already a family of his own and he has a child. also our annulment is still going on. My problem is I'm pregnant now with my live in partner (biological father) and he really wants our child to carry his surname.

Questions:

1. Can he just acknowledge our child by signing the birth certificate? Then our child can carry his surname legally, although my annulment is still going on?

2. Can I change my passport name into my maiden name? but still my status is married since my annulment is still going on?

3. Also my other documents like NBI, police clearance and so on...

4. Which one is better giving birth abroad or in the Philippines base on my situation right now?


Thank So Much in advance!!! Hope you could help me!

1) the law demands that your husband be considered the father unless he files a court petition to declare otherwise

2-3) you can publicly use your maiden name, but you cannot require the govt agencies to change their records