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[b]NEED HELP ON SONS BIRTH CERTIFICATE / PASSPORT[/b]

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MARIKAZA


Arresto Menor

Good day.

My problem is about my son's bc. He is 15 years old. In his bc, i have used his father's surname although we are not married, nor he sign the paternity acknowledgement. my son registered with the father's name showing a date of marriage, which never happened.

To cut the short, we are ofw, i went back to philippines to deliver the baby and after 3 month, left and went back and only to find out that he was legally married in the phillipines and having a new woman again. we separated and after 10years, i got married and bore a new son.We all stay overseas while my eldest son is in philippines, studying.

I need to know the procedure if it is possible to correct/delete the date of marriage in his bc and if he can still use the fathers name without the marriage certificate nor any paternity acknowledgement.

My son wants to stay with us here this coming December. My current husband acknowledged him like his own son. I need to apply for his passport. Shall i wait till the corrected bc comes out? i'm afraid DFA may ask the MC certificate which is not available.

Your advice is greatly appreciated.

Thank you so much and more power. God bless.

lawddesign


lawyer

who put the date of marriage on the bc?

MARIKAZA


Arresto Menor

IT WAS ARANGE BY THE HOSPITAL (THRU MY FATHER) AND THE PART OF THE SIGNATURE CONTAINS THE SIGNATURE OF MY FATHER.

lawddesign


lawyer

what do you want your child's name to be?

the names appearing in the BC shall be the basis of the application for passport. if you want that the surname of his putative father be deleted, it has to go thru a tedious process unless you want to maintain his name bearing that surname.

you may check this:

http://www.internetphilippines.com/dfa-philippines/dfa-passport-requirements-for-minor-below-18-years-old/

MARIKAZA


Arresto Menor

Thanks for your reply.

I have no intention of changing his surname but in his Birthcertificate, there's date of marriage, which i want to be corrected, since me & his father did never marry. is this possible? or is it better to leave the BC as it is?

Appreciate your reply to enlighten us in this regard.

Many thanks!

lawddesign


lawyer

if you are in a hurry of securing his passport, then leave it as it is.

however, if in case your present husband would want to adopt him subsequently then there might be a problem as MC might or might not be needed for the adoption process.

MARIKAZA


Arresto Menor

Atty,

My husband says na we will just proceed for an adoption for my son. can you please tell us the procedure and documents we need to provide and how long this will take? We're both working abroad, pano ang pag process if wala kami sa pilipinas? how much cost? also, can you refer us to a lawyer na pwedeng mag asikaso?

Many thanks and hoping for your reply.

MARIKAZA


Arresto Menor

Dear Atty,

We are currently arranging the papers for the correction of error in BC ng anak ko. Sabi po ng attorney na kinausap namin, 2 petitions daw po ang isa submit nmin, first, correction of BC and then, pak okay na, followed by an adoption. ang tanong ko po, di po ba pwede itong pagsabayin? need din daw po ng letter galing sa ama na he's allowing our son to be adopted by us and my current husband. What if wala n po akong communication don s biological father ng anak ko? may possibilities po ba ma adopt without the approval of the father?

Thank you so much, Attorney.

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