Is it required for a child Legitimated by Subsequent Marriage to change to father's surname?
Child wants to retain mother's surname as she was already known with this surname. She's already 13 yrs old.
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Your question is misplaced. The question was if the child is required to use the surname of the second father not the biological father and the biological mother married the second father. Can the child be required to use the surname of the second father? The biological father is not married to the mother. the law is clear on this, the surname of the mother shall be used unless the biological father recognised child filiation and did not contest it. the child now is placed in illegitimate status.yebah wrote:Are you sure on this? that the child is not required to use the surname of his or her father after a marriage between his or her biological parents was celebrated? thereby making him a "legitimated" child.
Last edited by yebah on Fri Mar 08, 2013 2:48 pm; edited 1 time in total
Last edited by yebah on Fri Mar 08, 2013 2:49 pm; edited 1 time in total
shad_marasigan wrote:Your question is misplaced. The question was if the child is required to use the surname of the second father not the biological father and the biological mother married the second father. Can the child be required to use the surname of the second father? The biological father is not married to the mother. the law is clear on this, the surname of the mother shall be used unless the biological father recognised child filiation and did not contest it. the child now is placed in illegitimate status.yebah wrote:Are you sure on this? that the child is not required to use the surname of his or her father after a marriage between his or her biological parents was celebrated? thereby making him a "legitimated" child.
The only requirement in law is that if the father is married to a mother, it is by necessity that the child use the surname of his father and not of his mother.
Free Legal Advice Philippines » FREE LEGAL ADVICE » NAME AND SURNAME PROBLEMS » Can a child Legitimated by Subsequent Marriage retain mother's surname?
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