Dear Atty. Peachy,

My ex-partner and I shared a life together for about seven years. When I became pregnant with our son, he left me. Due to my circumstances at the time of our son’s birth, I failed to register his birth. I distinctly remember designating my ex-partner as the father of my son in a document requested by the maternity and lying-in clinic after I gave birth. However, it seems that the clinic also failed to report the birth, resulting in my son’s birth remaining unregistered until today. Now, I am married to my current husband who adores my son and wishes for him to carry his last name. Is it possible to put him as the father of my son in an application for delayed registration of birth?

Angelica

Dear Angelica,

You are not permitted to simply designate your current husband as the father of your son in an application for delayed registration of your son’s birth. This action would constitute the simulation of a birth record, which is considered a criminal offense under Philippine law. Even if your current husband is indeed acting as the father of your son and your intention is for your son to bear his name, it is illegal to falsify parentage in this manner.

Given the circumstances where your son’s birth remains unregistered and your current husband wishes for him to carry his last name, it is crucial to proceed in a manner that upholds transparency and complies with legal requirements. To establish the legal relationship between your current husband and your son and enable your son to bear his last name, one potential option is to pursue joint adoption.

Legitimizing your son’s status through adoption can provide a lawful and formal means to address the issue of his unregistered birth and fulfill your husband’s wish for your son to assume his surname. It is advisable to explore the legal avenues available for delayed registration of birth and adoption to ensure that your son’s birth is properly registered and his relationship with your current husband is legally recognized in accordance with the law.

Atty. Peachy Selda-Gregorio