Complicated status of a child

My former "husband" and I were married civilly, in a mayor's office in the year 2000. I was already 8months pregnant then. Papers were given to us for filing after the rites. But the marriage license was never filed for registration. Reason being my former "husband" tore it when we got into an argument. We had a terrible relationship, only stayed in one roof for only 6months and ended communication year 2005. My child was born a month after our "marriage" and he assumed the father's last name. Our date of marriage was stated in the birth certificate of the child. Year 2005, to prove if my marriage was not registered, I got a CENOMAR from SSS. A lawyer I consulted then, told me since I have a CENOMAR, my 2000 marriage was void. Year 2009, I married again, civilly to my new boyfriend. The relationship is better and my husband wants to adopt my child and assume his last name. Is this possible? What is the procedure and how long wld it take? Don't have contact with my child's father since 2005 and I don't want to. Also, a major problem is we plan to go out of the country this year and i have to get my child a passport. He has a diff. surname than mine, my passport already holds my married name and his birth certificate has the old marriage date. Please advice. Thanks a lot

do you mean you got the cenomar from NSO (and not sss which is across the street on east ave)?

before embarking on adoption, i believe the better move is to first correct the entries of your daughter's birth certificate by changing it to show that you were not married, she is illegitimate, and she should have your last name.

after that, then the adoption can commence. otherwise, on record, she is the legitimate child of two married parents and the court might not grant the petition because of the infirmity.

I'm sorry for the mistake, yes it's from the NSO. Thanks for the advice. But how do I correct the birth certificate? What is the procedure? Is the CENOMAR enough proof to have the birth cert. changed? I have asked the city registrar where the birth cert. is registered, they said it's thru the courts. Does the biological father have to be informed? What if he can't be contacted? (whereabouts unknown)

Hi Strawb!

I can see that you have a separate thread here. By the way, you have to settle the issue of whether your previous marriage is valid or not. It appears that it is not the marriage license but rather the marriage contract that was torn by your previous husband, and did not register with the Office of the Civil Registrar.

in the absence of contrary proof, the cenomar will be good proof that no marriage happened. just use your husband's last known address. the petition will be published anyway,