Change Name: Unborn Child

Dear Atty. Duran-Schulze,

Hi, I want to discuss my situation. I have been separated from my husband since 2010 and now I am currently living with someone else. I am currently 7 months pregnant and would like to consult if it’s ok for the baby to use my current partner’s surname in his/her birth certificate? I need guidance on legal matters regarding this concern. Thank you and God bless! 


Dear Samantha,

Regarding your concern, it is best to think about the legal implication of having your unborn child use the surname of your current partner or not. 

The legal implications would be, i.e. your current partner will be the legal biological father of your child, and he will be responsible for the support. If your current partner is fine with taking responsibility for the biological father of your unborn child and the two of you will get along and be married in the long run, then carrying the surname of your partner for your unborn child, will be beneficial as it will save you the time to change the surname of your unborn child to that of your future husband (assuming your annul your current marriage and are free to marry your current partner). 


On the other hand, if your relationship with your current partner will not lead to a long-term and you end up not getting married to him, you will have to go through the legal process of having to correct the name of your child. Further, your child might be disowned in the future if your break up ends sourly.

If you are still undecided, the safest way is for your unborn child to carry your maiden name and leave her middle name and father’s name blank.


Need further information and assistance?  Talk to our Legal team at Duran & Duran-Schulze Law. Call us today at (+632) 8478 5826 or send an email to for more information.

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