- Greetings. Hello atty. I would like to ask how will I be able to change the surname of my child. She is carrying his biological father’s surname. And we now live separate ways. Yes, he acknowledged my child.
I have plans of getting married and my husband to be want to change his surname. Can we possibly change it without any consent of the biological father?
The biological father does not want the surname be changed despite of the fact that he does not work nor support my child. What are the possible things to do? Thank you and more power!
ANS: As mentioned in the past similar queries, as a rule, an illegitimate child should use the surname of the biological mother under Art.176 of the Family Code, as amended.
However, pursuant to Republic Act No 9225, otherwise known as An Act Allowing Illegitimate Children to use the surname of the biological father provided that a written consent is given by him, by way of a public document recognizing the child as his offspring or in the acknowledgement of the father as appearing in the record of birth of the child. Such is the status of your child being a
duly acknowledged by his biological father and he does not want that the surname of the child bearing his surname be changed.
Based on the ruling of the Supreme Court, in the case Grace Grande v. Patricio Antonio(G.R. No.206248, February 18,2014), the court held that the use of the surname of the biological father of an illegitimate child is discretionary. According to this ruling, even if the biological father acknowledges his illegitimate child, he cannot force or insist in the use his surname.
On the basis of the said ruling, your illegitimate has the option to use or not to use the surname of his biological father. For this purpose, you can make representation with the Office of the Civil Registrar where the birth of your child is registered and do some paper works for the illegitimate child to be able to use your maiden surname.
Note further that should you marry someone in the future, you cannot change the surname of your illegitimate child to the surname of your future husband even if your future agrees. This is not allowed by law.
What you can be done is for both of you to legally adopt your illegitimate child. If the court approves the adoption, this will pave the way for your child to use the surname of your future husband. Your child as an adopted child shall be entitled to all rights and privileges of an legitimate child.
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