Question about changing my daughter’s surname to her biological father’s
I’m trying to understand what the proper process is in the Philippines for my daughter’s situation.
My daughter is 14. When she was born, I was married to my ex-husband, so he is listed as her father on her birth certificate. He is not her biological father, and he actually knew this at the time.
We had our marriage annulled in 2020. In the court decision, it actually states that my ex-husband knew during my pregnancy that the child was another man’s, and the decision refers to the other man as her “biological father.” However, the dispositive portion still says that my daughter will remain the legitimate child of me and my ex-husband.
The decision is already final.
I am now married to my daughter’s biological father, and he is willing to acknowledge her. My daughter also wants to use his surname.
I came across Cua Ko v. Republic, G.R. No. 210984
where the Supreme Court discussed the distinction between legitimacy and biological filiation.
I’m trying to understand how this works in a situation like mine:
-Can my daughter still establish her biological filiation even though my ex-husband is legally listed as her father?
-Would this require a separate court case, or is there any process through the Local Civil Registrar/PSA?
-Since she is already 14, does she have a say in establishing her own biological filiation?
-If her biological father is eventually established, would that also allow her to use his surname?
One concern is that my daughter has ADHD and is uncomfortable talking to people she doesn’t know. If her participation is required, are there accommodations for minors in this kind of proceeding?
I’m mainly trying to understand the legal process and whether this is something that can actually be done.