Here’s an interesting and poignant comment which I think deserves a “front page” answer.
I have written on this subject before, but it is a common question and it’s extremely important to mother’s, fathers and innocent children born to Philippine citizen mothers, anywhere in the world.
This is an out of the blue question but i really really need to know.
My daughter was born here in Japan, currently registered as a Brazilian, we want her to have a Philippine passport also but by doing so we need to report her birth in the Philippines consulate.
As of the moment me and my daughter’s father aren’t married and don’t have plan to get married soon.
We got all the requirements written in that Philippine consulate’s website, but when we went there to apply they told us that we cannot register my daughter with her dad’s family name because they only recognize the report of birth given by the municipality here in Japan in which my daughter has my family name.
Its kind off unfair coz written in there website we can we just have to fill up some forms. I want to argue with them but i don’t have the power of doing so.
Anyway I would want to know if for example I can register my daughter with my family name and change her family name in the Philippines. That’s the only thing i could think of to work this out.
This is a tough one. I find that Japanese family law is very strict on this issue. If the child is illegitimate, s/he MUST be registered as such and use the mother’s family name. There doesn’t appear to be any way around this issue, as there now is under Philippines law.
I am pretty sure the Philippin3e embassy’s hands are tied on this, they have to obey the laws of the country they are in … standard practice in any international diplomatic situation.
So the facts are currently that the child is already registered In japan and here surname is her mothers. There seem to be no way to change this as of now.
Before you register the child with the Philippines, you might want to start researching here:
According to the documents I have quoted there, it IS possible under Philippine law for the father to execute an affidavit for use of his name and the Philippine registrar will follow the father’s wishes.
Show the document http://www.census-ncr1.ph/home/images/stories/forms/RA_9255.pdf to the folks you have been working with at the Philippine Embassy and ask them why they can not comply with Philippine law. If their answer is still unsatisfactory, a course of action you might consider is to go yourself to the Manila registrar and try to register on your own under the father’s name.
This will cost money, but I doubt it will cost more than registering the child now in the Philippines under the ‘wrong’ name and then trying to fight a case through the Philippine legal system for a later name change.
However, I may be wrong on this, unfortunately my advice to you is the same as it always is in these cases, you need a lawyer. Godspeed.