- Hello atty Good day po ! I have a son he is 9 years old now. He is using his father’s surname but am not married to him. Is it possible that I change my son’s surname to mine?
Yong anak ko , ako ng aalaga sa kanya lahat sa gastos ng medical care, school allowance at iba pang mga needs ng bata. Nagbibigay din ang ama pero P200 to P500 a month or minsan wala pa.
Gusto ko sana dalhin ng anak ko yong surname ko . At gusto ko ring dalhin siya sa Canada.
Ang problema po , ayaw po ng ama ng anak ko at di siya mag sign ng acknowledgement and consent letter so that I can take my son with me at makakuha siya ng passport bearing my surname. May right ba ang biological father na huwag ipadala yong anak ko sa akin for good sa Canada? Or can I file a case of sole custody of my son? Thanks a lot… GOD BLESS !
ANS: Hello there, as mentioned in the previous answers in similar queries, as a rule, an illegitimate child carries the surname of the biological mother. However, under Republic Act No. 9225, amending Art.176 of the Family Code, the surname of the biological father may be used by the child without the need of court’s approval for as long the biological father recognized the child as his as could be shown in written document or in the records of birth itself.
This is your situation in so far as the bearing of the surname of the biological father is concerned. Kindly note that notwithstanding RA No. 9225,amending the Family Code , it is still the biological mother that exercises parental custody and authority over an illegitimate child especially during the age of minority.
As a parent and the biological mother of the child, you are vested by law with such sole parental authority and the legal and natural guardian of your son and entitled to have custody over his person.
Hence, there is no need for the consent of the biological father of the child over the issue of custody and parental authority of the child. And being the child’s legal and natural guardian you can bring and accompany with your child in your travels abroad without the imprimatur or consent of the biological father.
Note further that the use of the surname of the biological father by the child is only discretionary. As held in the case of Grace Grande v. Patricio Antonio(G.R. No.206248, February 18,2014), wherein the Supreme Court ruled that the use of the surname of the biological father of an illegitimate child is discretionary. An illegitimate child has the option to use or not to use the surname of the biological father.
It is recommended that in order to avoid hassles in your travel with the child at the immigration at the airport, you first confer with the local Department of Social Welfare and Development(DWSD) and secure a certificate of authority/clearance from the said office, to the effect that your child is an illegitimate child, and you as its biological mother and being the natural and legal guardian enjoys parental and custodial authority over the child. Of course before doing so, you have to secure the necessary documents that will prove that you were not married with the biological father of the child at the time of the birth, a Certificate of No Marriage(CENOMAR) from the National Statistics Office(NSO) now known as the Philippine Statistics Authority(PSA), and such other documents, like the authenticated copy of the Child’s birth certificate, and such prescribed forms that may be required by the DSWD. The said documents may also be required by the Department of Foreign Affairs(DFA) for the issuance of your son’s passport using your surname.
Naway nabigyan linaw ng iyong mga katanungan ng Batas Pinoy Global Community.
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