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Tuesday, March 28, 2017

CHILD SUPPORT: What If Birth Certicate Lacks Dad’s Signature? How to Claim?

Dear PAO,
Can I still ask for financial support from the father of my son even though he did not sign the birth certificate? He used to give support to our son but suddenly he stopped when he met his current girlfriend.
Queen


"Dear Queen,
You may still ask for support even though the father of your son did not sign the latter’s birth certificate. It is imperative, however, that you present proof showing the relationship of your son to his father.

Before a child can ask for support, the relationship or filiation between him and the alleged father must first be established. Under the law, the filiation of a child, legitimate or illegitimate, may be established by any of the following:"

"Before a child can ask for support, the relationship or filiation between him and the alleged father must first be established. Under the law, the filiation of a child, legitimate or illegitimate, may be established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of filiation in a public document or a private handwritten instrument and signed by the parent concerned;

(3) The open and continuous possession of the status of a child; or

(4) Any other means allowed by the Rules of Court and special laws (Articles 172 & 175, Family Code).

Any of the means mentioned above may be used. Hence, the lack of signature of the father in the birth certificate will not defeat the right of the child to recognition and support if the filiation is proved by other available means, such as admission of the father in a public document or a private handwritten instrument."

Read the rest of the answer of Atty Persida Acosta, here

READ OUR ARTICLES ON CHILD SUPPORT:

Guidelines on How to File for Child Support if You're a Single Parent

One of the rights and obligation between husband and wife, as stated in the Family Code of the Philippines, is they’re “obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” But due to modernization, Filipino culture such as close family ties and conservative marriages tend to be forgotten and taken for granted. Thus, this produces many unfaithful spouses leading to “broken” families.


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