Saturday, May 31, 2008

LEGITIMATE or ILLEGITIMATE?

Upon reading a fellow blogger's post, I felt that I had to put my two cents worth in too. The pros and cons of legitimacy. My son is illegitimate and carries my last name. However, after thoroughly reading the text below provided by the Family Code of the Philippines, it states that "However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime". I have to check when this was changed because in 1999 it was the law the illegitimate children automatically carries the mother's surname and will not have a middle name.

Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
I guess it's a case to case basis. Luis' father and I have no intentions of getting married whatsoever for which I have to be thankful for. I chose not to and I am certain he didn't want to either. Which proved to be the best decision later on. Since Luis and I have the same last name, my last name, we don't get questioned when we travel out of the country. It was only once that we were asked an affidavit for support and consent. After that all our travels have been hassle free. Luis' father and I live seperate lives and I don't want the hassle of having to chase him everytime we need his affidavit of support and consent or his mere signature. Which was a case because little did I know that he moved to Malaysia. Now he moved to another country again. In the end I still make the decisions right? For me this whole legal crap is crap. What is important is that Luis knows who his father is. That is not going to change right? It's also better to avoid confusions on certain matters like, plane tickets, school applications, and whatever else. Just trying to make my life as hassle free as I can... it's actually possible.

No comments: