use of husband's surname in mistress child's birth certificate

I found out last January that my husband of 12 years has been having an affair for more than a year with a woman he works with . The problem is the woman claims to be pregnant and that my husband is supposedly the father. I have dismissed the idea of filing either concubinage or RA 9262 since I want to save my marriage for the sake of my two children. My husband is also not sure if the child is his since the mistress had a previous live-in relationship . However, he is almost 90% convinced that it may be his.Knowing him, he will consider it his moral obligation to provide for support for the child and the mother for life.

My questions would be the ff:

1. Can the mistress put the name of my husband as the father in the child's birth certificate, even if he doesn't consent to this?

2. If my husband decides to support the child even if his name doesn't appear as the father in the birth certificate, will the child be entitled to my husband's estate in case of my husband's death?

3. If my husband consents to putting his name in the birth certificate as the father, then this means the child would be entitled to his share of my husband's estate? This is what I am afraid of.

I want to protect my children's inheritance so I would be agreeable to him providing support but would like to forbid him from acknowledging the child as his by allowing his name to be placed in the birth certificate. In this way, my children's inheritance would be safe and the illegitimate child would have no legal claim on the estate. Is my assumption correct?

Rena123 wrote:I found out last January that my husband of 12 years has been having an affair for more than a year with a woman he works with . The problem is the woman claims to be pregnant and that my husband is supposedly the father. I have dismissed the idea of filing either concubinage or RA 9262 since I want to save my marriage for the sake of my two children. My husband is also not sure if the child is his since the mistress had a previous live-in relationship . However, he is almost 90% convinced that it may be his.Knowing him, he will consider it his moral obligation to provide for support for the child and the mother for life.

My questions would be the ff:

1. Can the mistress put the name of my husband as the father in the child's birth certificate, even if he doesn't consent to this?

2. If my husband decides to support the child even if his name doesn't appear as the father in the birth certificate, will the child be entitled to my husband's estate in case of my husband's death?

3. If my husband consents to putting his name in the birth certificate as the father, then this means the child would be entitled to his share of my husband's estate? This is what I am afraid of.

I want to protect my children's inheritance so I would be agreeable to him providing support but would like to forbid him from acknowledging the child as his by allowing his name to be placed in the birth certificate. In this way, my children's inheritance would be safe and the illegitimate child would have no legal claim on the estate. Is my assumption correct?

If your husband will acknowledge the child, may karapatan ang bata for financial support from the father. And if your husband deny it. I am sure gagawa ng paraan yung mistress para patunayan na siya nga ang Ama nung bata.

1) no, if the father does not sign the birth certificate then the child cannot use his surname. but the mother can later file a case for support and acknowledgement

2) that will be considered evidence of paternity, but it will not automatically result in his being an heir

3) it is being his son that makes him an heir. surname is just evidence of such. so even if your husband's name is not used, it does not preclude the child from proving he is the father.

Thank you so much for the reply, Atty.

wag mo na ipagkait sa bata ang tatay nia kung siya talaga ang ama. walang kasalanan un. kasalanan un ng mistress at husband mo.

kung ang mana ng ari arian ang iniisip mo. ung illegitimate child nia katumbas lng ng kalahati ng magiging mana ng mga anak mo. wag tayong maging makasarili lalo na sa mga illegitimate child. d na nga siya lalaking may tatay/nanay pagkakaitan pa ng financial.

can we use the birth certificate of the child as an evidence for concubinage especially if my husband will be acknowleding the child. my husband doesn't have work at ako ang sumusuporta sa asawa ko .

legalwife2014 wrote:can we use the birth certificate of the child as an evidence for concubinage especially if my husband will be acknowleding the child. my husband doesn't have work at ako ang sumusuporta sa asawa ko .

Yes

ano ang kaparusahan sa kabit ng asawa ko at sa asawa ko kung mapatunayan na guilty siya sa concubinage at ra 9262. what about sa pamilya ng asawa ko na nagunsinti at pumapayag na dalhin niya ang kabit ng asawa niya sa bahay nila with their consent pwede ba akong humingi ng damaga sa kanilang lahat ?