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Free Legal Advice Philippines » FREE LEGAL ADVICE » NAME AND SURNAME PROBLEMS » Birth certificate protocol for illegitimate child??

Birth certificate protocol for illegitimate child??

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lost_soul78


Arresto Menor

Hi! I would like to know if you can enlighten me on
how to go about the birth certificate of my soon to be
born child. I am not married and not in good terms
with the father of my child. I'm planning to give my
surname to the baby. As for the father, does he have
to provide a letter saying that he acknowledge being
the father of my baby? How do I go about the processing
of her birth cert? The father is currently abroad so
he cannot sign any document immediately.

Please advise. Thanks

zulfikarl


lawyer

The father cannot insist that his illegitimate child carry his family name. Although, the child has the option of carrying his father's surname. The law merely requires that the child be recognized by the father in a public or private document.

attyLLL


moderator

lost soul, illegitmate children are supposed to carry the surname of the mother and not have a middle name. the father can issue an authority to use his surname, but the child has the choice which name to actually use.

i recommend that you get a written acknowledgment from the father so your child will be entitled to support.

the hospital or midwife will assist you in preparing the birth certificate.

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andrea dela cruz


Arresto Menor

pls help me i have a problem regarding on my birth certificate in municipal office there is a date Aug 24,1978 indicate in my birth cert,but hand written of the doctor then,when i get a copy in NSO the the date 24 did not appear,what will i do i need it badly,the clerical takes month and cost 1500.what will i do pls help me.

attyLLL


moderator

i recommend you just take advantage of the process of correcting it as a clerical error. 1 month and P1,500 is faster and cheaper than your other alternative of filing a judicial petition.

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mervillegmalana18@gmail.c


Arresto Menor

Hi Atty.,
May kapatid po ako na may asawa pero hindi po sila kasal.ngayon nagkaron po sila ng anak at ang apelyido ng kapatid ko ang ipinadala sa bata.dahil po sa hindi sila kasal,ayaw po pumayag ng pamilya ng asawa nya na dalhin ang apelyido nya.ang gusto pong mangyari ngayon ng pamilya ng asawa nya ay pagawan ng bagong birth certificate ang bata na apelyido ng nanay.pwede po bang magkaron ng dalawang birth certificate ang bata?mayron po bang pwedeng isampa na kaso taong gagawa nun?tsaka ano po ang magiging legal na birth certificate ng bata kung sakaling mangyari ang ganun?Salamat po!

attyLLL


moderator

let's first clarify, is your 'kapatid' the mother or the father? i assume it is the father.

there should only be one birth certificate. if the father signed the birth certificate, then it is legal to have the child carry his last name, even if the parents are not married.

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mervillegmalana18@gmail.c


Arresto Menor

My kapatid is the father.is there anyway na mapalitan ang surname ng bata?kasi thier insisting na surname ng mother ang gamitin ng bata.at hindi nila pinapayagan na makita ng father ang anak nya until na napalitan ang surname ng bata.at ang pagkakaalam namin may balak pa na ilayo sa kanya ang anak nya.ano po ba pwedeng gawin ng kapatid ko para makasama nya ang anak nya?pwede po ba syang magsampa ng demanda sa mga magulang ng asawa nya?

attyLLL


moderator

as the father of an illegitimate child, he has visitation rights. is the child staying with the mother or just the mother's parents?

your brother should be willing to give support. to enforce his visitation right, i recommend that he first files a complaint at the barangay, then with the court later on.

let the family try to assert their position about the birth certificate. later on, they will realize it is wrong.

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