Legal Question in Family Law in Philippines
surname of the father
my niece gave birth from his
boyfriend.the problem is the family of
his boyfriend wants the child to use
their surname but my niece wants to
use her surname for her baby.they
have no relationship now since she
got pregnant.what can we do to stop
them from insisting to use their
surname?the birthcertificate can not
be filed because the family of her
boyfriend are mad.pls help..
2 Answers from Attorneys
Re: surname of the father
she cannot be forced to use the surname of the father. the mother has the choice to use her surname or that of the father. the only problem that i can see is that if the mother would not agree to use the surname of the father, chances are that the father would not sign the birth certificate. but the non signing of the birth certificate would not prevent the mother in registering the birth. after the birth has been duly registered and a birth certificate issued under the surname of the mother, then the mother can file a case for the 'acknowledgment of the child' and/or to file a criminal case for 'abandonment of minor' in relation to 'anti child abuse'
Re: surname of the father
Since the mother of the child is not giving her consent for the use of the father's surname then she cannot be compelled. You can resort to filing RA 9262 against the father.Proceed in registering the child as it will not need the father's consent. The child is illegitimate and she/he can use the surname of the mother. Late registration will do.
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