Married mother pregnant by another man what will be the baby's name

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!

answered your other post

Hi Atty. just want to ask regarding my cousin's situation. She had been married for 5years, then 3 years ago, her husband left them and had another relationship with a girl. Since they are already physically separated, she entered into a relationship as well. Now she is pregnant with her new boyfriend. Legally, she is still married, what's going to happen with the child's birth certificate? Who will be the father stated in the child's BC. What if it catch his husband's attention that she is going to have a baby with another man, he can sue her right? Is there anyway for her to put the child under her maiden name or under the biological father's name? Hope to hear a very quick response from you. Thank You!

By the way, your article was a helpful one, more power!

Hi Atty. just want to ask regarding my cousin's situation. She had been married for 5years, then 3 years ago, her husband left them and had another relationship with a girl. Since they are already physically separated, she entered into a relationship as well. Now she is pregnant with her new boyfriend. Legally, she is still married, what's going to happen with the child's birth certificate? Who will be the father stated in the child's BC. What if it catch his husband's attention that she is going to have a baby with another man, he can sue her right? Is there anyway for her to put the child under her maiden name or under the biological father's name? Hope to hear a very quick response from you. Thank You!

By the way, your article was a helpful one, more power!

hakilita wrote:Hi Atty. just want to ask regarding my cousin's situation. She had been married for 5years, then 3 years ago, her husband left them and had another relationship with a girl. Since they are already physically separated, she entered into a relationship as well. Now she is pregnant with her new boyfriend. Legally, she is still married, what's going to happen with the child's birth certificate? Who will be the father stated in the child's BC. What if it catch his husband's attention that she is going to have a baby with another man, he can sue her right? Is there anyway for her to put the child under her maiden name or under the biological father's name? Hope to hear a very quick response from you. Thank You!

By the way, your article was a helpful one, more power!

The baby will carry the name of the legal husband, it is up to her husband to file a petition to disown the child.

And in case the husband found out about it and decided to file a case against the wife, the child is the best evidence that she have committed adultery.