Paternity and Surnames
Legal Framework
In the Philippines, the Family Code outlines the legal parameters surrounding the surname of a child. The law typically dictates that a legitimate child shall use the surname of the father. However, the question of what surname to use can become complicated when the father does not recognize the child, or when the child is illegitimate.
Illegitimate Children
For children born out of wedlock and not recognized by the father, the law states that the child shall carry the surname of the mother. This is to ensure that the child has a legitimate claim to a family name, even if the father is not present or refuses to acknowledge paternity.
Acknowledgment of Paternity
A father may choose to recognize an illegitimate child, thereby allowing the child to use his surname. This is usually done through the signing of the "Affidavit of Acknowledgment of Paternity," which is then attached to the child’s birth certificate. Once acknowledged, the child gains some, although not all, of the legal rights of a legitimate child, such as the right to use the father’s surname.
Consequences of Non-Acknowledgment
If a father chooses not to recognize the child, the mother has the sole right to give her surname to the child. This does not, however, preclude the child from later seeking legal acknowledgment from the father, either through a civil case or by way of inheritance claims.
Legal Changes to Surnames
While the law allows for the use of the mother’s surname for illegitimate children, this does not prohibit a change in surname later in life. Such changes are permitted under specific conditions laid out by the law and usually require a court proceeding.
Conclusion
The issue of surnames for children, particularly those born to parents who are not married or who choose not to acknowledge paternity, is complex and fraught with legal implications. It is essential to consult the specific laws and regulations governing family names and paternity in the jurisdiction to ensure compliance and to protect the rights of all parties involved.