Legal Question in Family Law in Philippines

Annulment, Re-marriage and Use of a Name

my friend got married in the Philippines and filed for an annulment of marriage just recently. She is now staying in USA and is pregnant to her current live-in partner. She will be giving birth next month. Can she get married there without any court order yet and can her baby use the family name of her boyfriend? Is there no legal impediments whatsoever?

Thank you very much.


Asked on 7/20/07, 1:05 am

1 Answer from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: Annulment, Re-marriage and Use of a Name

she cannot marry legally simply because the first marital bond is not yet severed by a court order. Philippine law allows baby to use the surname of the father even in an illigitimate birth. If the father however is an American, the rule does not apply.

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Answered on 7/20/07, 1:27 am


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