Pagpalit ng Last name ng anak ko para iba sa tunay na ama, biological father

anonymous
This person has chosen to hide his/her identity.

Itanong ko lang po sana sa case ng anak ko. Nakasunod po kasi ang middle name niya sa tunay niyang ama. Mag 5 years old na siya this coming April. Ngayon po matagal na kaming hiwalay ng Ex ko, at hindi naman po niya sinuportahan ang anak ko kahit nasa abroad na siya. Two years na siya doon. At nagkahiwalay kami since January 2012 po, never po siya sumoporta sa anak ko. Ngayon po balak ko po ipasunod sa last name ng magiging asawa ko since tanggap naman po niya ang anak ko. Ang tanong ko po, kailangan pa ba ng perma sa real father ng anak ko para mapalitan ang last name ng anak ko? Din sakali po na ayaw pumirma, ano po ba ang pwede kong laban o magagawa sa tamang processo para mapapayag siya? Maraming salamat po. Isa pong malaking karangalan ang inyong pagsagot.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Your story is a little muddled. Why is your child's middle name the name of the biological father? The child's name, if you were married should be: Given Name, Mother's name as middle name, and then, father's last name.

If you weren't married at the time of the child's birth, your child can use his biological father's last name if the father recognizes his paternity (if he signs the form at the back of the certificate of live birth) acknowledging that he is the father of your child.

So, really, it is his last name that is supposed to be the surname of his biological father. I cannot understand how you were able to have your child registered using the biological father's last name as his middle name.

At any rate, to answer your question, if you are to get married (I have to presume here that you are getting married because you were not married to the biological father of your child), your spouse or husband must adopt your child and only then can he carry the last name of your husband.

Please get a good lawyer. If the biological father has abandoned the child, you can terminate the parental rights of the biological father and then, your spouse can adopt your child.

Please consult a lawyer so that all the facts of your case can be considered. Mahigpit na ang adoption ngayon. At, kung inyong ipapa-rehistro ang bata ulit, this time, late registration tapos iibahin ninyo ang pangalan ng bata, that is a criminal offense -- it is a simulation of birth. may parusa ito lalo na kung maghahabol ang biological father. Baka makulong ka at ang iyong asawa.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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