Dear Attorney,

I have a concern regarding the surname of a child. I know someone who has a child with a previous live-in partner, though they were not married. The child was given the surname of this former partner. However, the mother later had another child with a new live-in partner, and she gave this second child the surname of her first partner as well. They are not married to either of the partners. Is this legally acceptable?

Insights:

In the Philippines, the use of a surname for a child who is illegitimate—that is, born to parents who are not legally married—follows specific guidelines under the Family Code and relevant laws.

For an illegitimate child, the general rule is that the child should use the surname of the mother. This is explicitly provided under Article 176 of the Family Code, as amended by Republic Act No. 9255, which allows an illegitimate child to use the surname of the father only if the father acknowledges the child and consents to the use of his surname.

In the situation you've described, if the first child was given the surname of the mother’s first live-in partner, this might have been done because the father acknowledged paternity and agreed to the use of his surname. However, the issue arises with the second child being given the surname of the mother’s first partner when this man is not the biological father.

Legally, this could be problematic because it may misrepresent the child’s lineage, which can have legal implications regarding matters like inheritance, parental authority, and the child’s legal identity. Moreover, the child’s birth certificate would carry information that is not accurate, which could lead to future complications.

The mother should correct this by filing for a change or correction of the child’s surname through the appropriate legal process. This usually involves a petition with the local civil registry or through the courts, especially if the first partner did not consent to the use of his surname for the second child.

It is advisable for the mother to consult with a legal expert to take the necessary steps in correcting the surname of the second child to reflect his or her true lineage and ensure that all legal documents accurately represent the child’s parentage. Misrepresentation of a child's surname could lead to further legal complications, including issues of legitimacy, inheritance rights, and the child's identity.