G.R. No. 111455. December 23, 1998
MARISSA A. MOSSESGELD, Petitioner, v. COURT OF APPEALS and CIVIL REGISTRAR GENERAL, Respondents.
Tags: Paternity and Filiation > Illegitimate Children > Rights of Illegitimate Children
Facts:
Unwed petitioner compelled the civil registrar to register her son with the surname of the father. The son was born in December 1989, and was the illegitimate child of a married lawyer and a single mother. They signed the birth certificate of the child with the name, Jonathan Mossessgeld-Calasan where the middle name was that of the unwed mother, and last name of the married father. Hospital refused, civil registrar, lower court, court of appeals all denied his appeal.
Issue:
Should the illegitimate child carry the surname of the father?
Held:
No. llegitimate child cannot use the surname of the alleged father, even with the latter’s consent. (This was before RA 9255 of Dec 2004 | Revilla Law which restored Article 366 of the Old Civil Code)
ILLEGITIMATE CHILDREN EVEN IF ACKNOWLEDGED BY ALLEGED FATHER, SHALL USE SURNAME OF MOTHER
English