Q. Hello po attorney gusto ko po sana mag ask ng advice about changing the surname of my 7 month old baby. Surname po ng father ang daladala ng baby ko, although nirecognized naman siya ng father niya and he’s supporting the baby financially peru hindi po enough ang pinapadala niya sobrang kulang po.
We are not married po. He left me two weeks after I gave birth. I want to change my baby’s surname po sana kasi. I hope you can give me advice. Thank you
ANS: Tulad ng nabanggit na noong mga nagdaang mga kasagutan ng kahalintulad na usapin at concerns mo, ang pag gamit ng surname ng ama ng bata na di kasal sa ina nito ay pinapayagan ng batas, Republic Act. No.9255.
Ganoon pa man, kahit kinikilala ng biological father ang bata, at kung ang pagbabasihan natin ang ruling ng ating korte Supreme sa kaso ni Grace Grande v. Patricio Antonio(G.R. No.206248, February 18,2014), it was held that the use of the surname of the biological father by the illegitimate child may be changed to that of the biological surname of the mother notwithstanding the recognition given by the father earlier. Such used of the surname of the father by the illegitimate child being purely discretionary or optional only .
Note further that the legal implications of the biological father allowing his surname to be used, is limited only to the fact of acknowledgement of the filiation of the child. As such and having recognized the child, the latter may use his surname and the obligation to provide support on the part of the biological father is clearly established and his filiation or paterniity need not be proven in court.
Likewise, this acknowledgment, also vested upon the child as an heir and is entitled to the right of succession to the estate of the biological father in the event of his death.
However, the acknowledgement did not cloth upon the biological father the parental custody and authority over the illegitimate child. The same being vested by law exclusively upon the biological mother.
Basi sa ruling ng Korte maari kang makipag ugnayan sa Office of the Civil Registrar kung saan naka rehistro ang iyong anak, dalhin mo mga PSA/NSO authenticated birth certificate ng iyong anak, Certificate of No marriage(CENOMAR) kung saan ito ay mag kapatunay na nang pinanganak mo ang iyong anak ay di kayo kasal ng ama ng bata or kanino man.
Kung pag susuri ng Civil Registrar kung ayos naman lahat ang mga papers mo, dito malalaman kung kinakailangan pa ng basbas ito ng hukuman or hindi na sa pag lipat ng surname ng anak sa maiden surname mo.
Kung di kailangan ang basbas ng hukuman, wala kang magagasto dito, maliban na lang sa mga filing at administrative fees ng nasabing office. Mag kakagastos ka lang kung idadaan sa hukuman ang prosesong ito dahil kailangan mo ang lawyer sa process na ito.
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