Q. Good day po ! I have a question regarding my daughter’s surname, she is using mine since birth because her father and I were not yet married back then. We even broke off for long years. Maybe because we were not old and matured enough for marriage during those times. However, five (5) years ago, we got mend our fences and finally got married. The problem now is that, my daughter who is now in grade 7 is still using my surname. Her school records and other documents also bears my surname.
I want to change my daughter’s surname to that of my husband with out going to court. I understand going to court for this purpose will be expensive in terms of legal fees and expense not to mention the hassles and inconveniences that goes with it. Can you please advise us in this predicament? Thank you and God bless. Ruth
Ans: Hello Ms. Ruth, Under Art.177 of the Family Code, your daughter is qualified to avail of the legitimation process. For this purpose, there is no need for your family to go the Court. In order to avail of the legitimation process, it is essential that when your daughter was conceived and born out of wedlock, you and your husband were not disqualified by any legal impediments to marry each other, and that thereafter the parents of the child got married after the child was born. Hence, under the law, as you and your husband got married after your daughter was born, the child could be legitimated without the need of court for its approval.
For the said purpose, just visit the office of the Civil Registrar where the birth of your daughter was recorded and comply and submit the following:
a) Copy of the Certificate of Marriage;
b) Certificate of Live Birth of the child;
c) Acknowledgement (not required for illegitimate children born on or after 3 August 1988);
d) Affidavit of legitimation executed by both parents which shall contain the following facts:
(1) The names of the parents;
(2) That at the time when child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage,
(3) The date and place when such marriage was solemnized;
(4) The name of the officer who officiated the marriage;
(5) The city or municipality where such marriage was recorded;
(6) The name of the child to be legitimated, and the other facts of birth;
(7) The date and place where the birth of the child was registered; and
(8) The manner by which the child was acknowledged by the parents
Which may be in the child’s record of birth, in will, a statement before?
a court of record, or in any authentic writing (not required for
Illegitimate children born on or after 3 August 1988).
Take note that in this legitimation process, the original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written “Legitimated by Subsequent Marriage” indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments.
Such that when an interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing the annotation “Legitimated by Subsequent Marriage on ________ (date of marriage) at __________ (place of marriage)” or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A.O. No. 1 S. 1993)
Looking forward you’ll find the above in order. Welcome the “Batas Pinoy Global Community”!
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * *
Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .
