Updated: Jun 16
Mr. B asks: I am the registered legitimate father of a child (C). However, upon verifying C’s paternity, I learned that C was not your biological child and I have a DNA result to support the same.
C is carrying my surname. May I request that my surname be removed from his birth certificate?
Understanding the importance of a child's birth certificate and its contents is crucial, especially when it comes to the issue of changing a child's surname in the Philippines. This guide provides expert advice and guidance through the legal process to ensure that your rights and the child's best interests are protected.
Understanding the Legal Process
If you are married to the child's mother, there is a presumption that children conceived or born during marriage are considered legitimate. However, this presumption can be disputed. Under Article 166 of the Family Code, a father may impugn the legitimacy of a child by proving either physical impossibility of sexual intercourse within the first 120 days of the 300 days immediately preceding the birth, or by providing biological or scientific evidence that conclusively establishes the child could not have been his.
Petition for Change of Name
Changing a person's surname is a substantial change that requires legal proceedings. In your case, since the child is not your biological child, you have the right to seek a change of surname. The appropriate legal remedy is a petition for change of name under Rule 103 of the Rules of Court, which should be filed before the Regional Trial Court.
Best Interests of the Child
When it comes to changing a child's surname, ensuring the best interests of the child is of utmost importance. A change in surname can have a significant impact on the child's life, and it's crucial to have the guidance of a qualified legal professional.
At Lawyers Online PH, we understand the importance of connecting you with the right lawyer who specializes in family law and prioritizes the child's best interests. As a referral service, our role is to bridge the gap between clients and experienced legal experts.
Our network of trusted lawyers is equipped to handle cases involving changes in a child's surname. By working closely with our team, you can access the legal expertise needed to navigate the process and protect the child's rights.
When seeking legal assistance for changing a child's surname, trust Lawyers Online PH to connect you with the right legal expert. Our referral service ensures that you receive the guidance you need to prioritize the child's best interests. Contact us today to connect with a knowledgeable lawyer.
Book an appointment at https://www.lawyersonlineph.com/