Not married, should the baby have my surname? Can the father's name be delete from the birth certificate?

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asked on May 4, 2016 at 17:22
edited on May 16, 2016 at 06:44
I'm not married and have an 8 months old baby. His father, who is a married man, abandoned the baby just after I gave birth.

Early, I thought he will take care of the baby so birth certificate will put the father's name and follow his surname. But since the baby was born and after so many months, he didn't even want to see the baby and totally no contact.

I already have no other choices but need baby's monthly expenses which this guy has promised.

My main concern, baby's future...

My Questions:

1. What are the disadvantages of having the fathers name in the baby's birth certificate (to mother side, afraid in the future he wants the custody of the baby)?
2. What are the advantages or benefits baby's name in the birth certificate?
3. Can the father's name in the birth certificate be delete (this is the guy's request now, he is afraid people will know he has a baby outside)?
4. I want to change baby's surname to follow mine now, can it be done?
5. After change of baby's surname to follow mine, will the father name still be in birth certificate?
6. In the future, if he did not pay for the baby's monthly expenses which he promises, can I sue him?
7. Any advise for my case?
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3 Answers

answered on May 4, 2016 at 18:13
edited May 16, 2016 at 06:48
Personal opinions

1. No advantage as there is no marriage. The child is yours. Follow mother custody.
2. ??? It is just the child's name?
3. No, the father's name cannot be easily deleted. If you marry another man, HE can legally adopt the child and the old "father" name can be deleted. Whether a new birth certificate will be issued or not, you have to check with Jabatan Pendaftaran Negara (JPN).
4. Not easy although not impossible.
5. Even if can change the baby surname, father's name SHOULD remain there.
6. No point suing, if he is a very rich Tan Sri, can try, but the lawyers fees can kill, with no 100% success. Do not listen to lawyers and get bad advice.

Personal Advice
Move on with life. This man is not worth a penny if it is true that he behaves like that. If he tries to contact you in the future just to see "his" child... tell him
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answered on May 4, 2016 at 19:51
Hi Jeff, thank you so much for your answer and opinion... Knowing no hope that this "animal" will take care for baby, life had slowly moving on now
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answered on May 4, 2016 at 23:21
edited May 16, 2016 at 07:00

For your information:

I manage to call Jabatan Pendaftaran Negara (JPN) at 03-88807077 and got the answers:

1. Baby's surname can be changed but both parties have to attend court for "oath" (sumpah) because not married and baby birth certificate will be issued under Section 13 of the Births and Deaths Registration Act 1957 (Act 299).

13. Notwithstanding anything in the foregoing provisions of this Act, in the case of an illegitimate child, no person shall as father of the child be required to give information concerning the birth of the child, and the Registrar shall not enter in the register the name of any person as father of the child except at the joint request of the mother and the person acknowledging himself to be the father of the child, and that person shall in that case sign the register together with the mother.
2. If married couple than cannot be changed.

Thank you.
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