Posted by
tongutz
13 yrs ago
I wanna seek some advice. I gave birth to my child here in HK and was following her father's surname. I am in need of help, as I need to register her in our consulate back in Philippines and it seems like the father wont give his consent and acknowledge. I am now deciding to follow my surname, but there's no such thing as ammendment of surnames here. Is there any possibility that I could change it? or any other way that I could solve this issue? As a law in Philippines if the father does not acknowledge the kid they wont follow the father's surname and will follow the mothers maiden name instead.
Please advise. Thanks
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You have to go to a lawyer first, they have to preparea paper, I believe it is call Deed Poll, when it is signed by you (as the guardian), and witness by the lawyer, you can then bring the Deed Poll to Immigration Department and change the name of your child...
Since your child is a minor, I am not sure if it will need both parents consent to change the child's name. perhaps you can ask the lawyer first.
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What the Immigration replied in a similar case is that it needs both parent's consent, even if the other parent had no custody of the child.
I also heard of a case where the other parent had no custody and could not be located for several years, but the mother with care and custody of the child was denied an application to change the surname of the child.
It appears that at the time of registration of the child's name and birth certificate no attention is drawn to the need of both parent's consent for a change of the name, and it is only stated that the name could be changed by a simple notification before the child is 11.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
It is possible in Hong Kong, in limited circumstances, to amend surnames. This can be done via deed poll. However, there are various considerations which may influence the way such a deed poll is drafted, for example marital status, consents and the like. To be fully advised and to get the desired result you should seek professional assistance. If you wish to have a consultation we can offer a concessionary initial consultation at HK$2,800 which fee would be credited to the fee for drafting the Deed Poll.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
Email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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