Question: Does an illegitimate child by a married mother have the option to register the child using the surname of another man, rather than that of her legal husband?
Answer:
The question of surnames for illegitimate children born to married mothers presents a complex legal issue in the context of Philippine law. The Family Code of the Philippines governs such matters and provides specific guidelines.
Who Has the Right to Give the Surname?
Under Philippine law, a child born during the subsistence of a marriage is generally presumed to be the legitimate child of the husband and wife. Therefore, such a child should ordinarily bear the surname of the father.
What If The Child Is Illegitimate?
If it is clearly established that the child is not the biological child of the husband, then the child is considered illegitimate. However, proving this can be legally complex, usually requiring a court order to establish illegitimacy and to allow the use of a different surname.
Can Another Man's Surname Be Used?
The child may only bear the surname of another man (who is presumably the biological father) if legitimacy is successfully disputed in court and if the biological father gives his consent to let the child use his surname. Otherwise, the default will still be the surname of the legal husband.
How Is Legitimacy Challenged?
A case must be filed to impugn the legitimacy of the child. The husband, wife, or the child (when he/she reaches the age of majority) may file such a case. DNA tests and other substantial evidence may be used to prove that the husband is not the biological father.
What About the Mother's Surname?
If the child is declared illegitimate, and the biological father does not permit the child to use his surname, the child may use the mother's surname.
Conclusion:
The process of assigning a surname to an illegitimate child born to a married mother is governed by strict legal principles and often necessitates judicial intervention in the Philippines. It's essential to consult with legal experts for advice tailored to the specific circumstances of the case.