Dear Atty. Angela,
My boyfriend got me pregnant and I’m about to give birth to our daughter. We recently got into a big fight and he left me saying that he does not want to have anything to do with me or our child. My concern is that I want my daughter to have a complete name — with a middle and surname but I do not want her to use her father’s last name. Is it possible that she will just use my middle name and last name to avoid any embarrassment as she grows up?
Vicky
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Dear Vicky,
Unfortunately, your unrecognized daughter may only use your last name but cannot use your middle name. Thus, she will not have a middle name. It is said that middle names serve to identify the maternal lineage or filiation of a person. In this case, your daughter will already use your last name and to be permitted to use your middle name as well will make it appear that you are siblings.
In the case of Julian Lin Wang v. Cebu City Civil Registrar, G.R. 159966 (2005) the Supreme Court explained in detail the use of surnames:
“Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The Family Code gives legitimate children the right to bear the surnames of the father and the mother, while illegitimate children shall use the surname of their mother, unless their father recognizes their filiation, in which case they may bear the father’s surname.”
“Applying these laws, an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’s surname, and does not have a middle name. The name of the unrecognized illegitimate child, therefore, identifies him as such.”
Based on facts, your daughter is an illegitimate child and since the father will not recognize her, your baby will use your surname. Under the law, she cannot use your middle name as this will cause confusion about her maternal lineage. Only when there is an eventual recognition by her father could she use your last name as her middle name and use her father’s last name as her surname.
Atty. Angela Antonio