Legal Question in Family Law in Philippines
The girlfriend of my brother was pregnant by pre-marital sex.
No one makes it as a problem, except the girlfriend's mother.
My brother tried to make money to earn so when the baby is born he will handle all the payments. They live separately because of the girl's mother's decision (she don't like my brother).
Now the baby was born about 3 days ago, Nov 15. They didn't told it to my brother, just now only. The baby's birth certificate's surname is not from my brother. The surname is from the mother. All decision was made by the girlfriend's mother, which makes my brother sad then cry.
We want his girlfriend and their baby live together with my brother, cause he can support their lives in general. The Gf's mother don't want and she also didn't want my brother to look and take care of the baby. The baby is Girl, his Gf is 18 y.o and my brother is 24 y.o.
Can my brother make any decision? What are the rights of my brother to his baby Girl? and the Gf's mother? My brother and his Girlfriend loves each other.
- Philippines
1 Answer from Attorneys
Being a child out of wedlock the mother has the parental authority over the child and includes custody. Your brother can demand his visitorial rights over the child. The surname can be changed if your brother acknowledges the child as his own. He can proceed to the local civil registar to inform them that he will acknowledge the child so the child can bring his surname.
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