Legitimation and Use of Surname by Illegitimate Child

Rules in the legitimation of a child born out of wedlock when his/her biological parents subsequently contract a valid marriage

The applicable provisions of the Family Code under Articles 177 to 182 provides for the rules in the legitimation of children born outside of wedlock. Those children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.

Surname of an illegitimate child

If the father did not acknowledge the child then the child will have to use the mother’ surname and does not have a middle name. However, the subsequent marriage of the parents or when the child is acknowledged by the father in a public document or private handwritten instrument then the child can use both the mother’s surname as the child’s middle name and the father’s surname as the child’s surname, reflecting the child’s status as a legitimated child or an acknowledged child.

Illegitimate child is using the surname of his father by virtue of RA 9255 and was abandoned immediately after birth. How to change the child’s surname.

The cancellation or correction of entries in the child’s Certificate of Live Birth can be done under Rule 108 of the Rules of Court or even a petition to change his name under Rule 103 Rules of Court. The mother cannot be compelled to use the father’s surname if there is good and valid cause for the cancellation or correction.

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