May an illegitimate child use the father's surname?

Rules and Regulations Governing the Implementation of Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines")

Frequently Asked Questions


As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.

Who are covered by these rules?

These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This includes:

1. Unregistered births;
2. Registered births where the illegitimate children use the surname of the mother.

Who may file?

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

Where to file?

1. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.
2. The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.
3. The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.

What to file?

The following shall be filed at the LCRO:

1. Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back
2. Public document
3. AUSF, including all supporting documents

When to register?

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.

 What are the requirements for the Child to Use the Surname of the Father?

  For Births Not Yet Registered


     1. The illegitimate child shall use the surname of the father if a public document is executed    by the father, either at the back of the Certificate of Live Birth or in a separate document.


     2.  If admission of paternity is made through a private handwritten instrument, the child shall use the surname of the father, provided the registration is supported by the following documents:

•  AUSF
• Consent of the child, if 18 years old and over at the time of the filing of the document
• Any two of the following documents showing clearly the paternity between the father and the child:
• Employment records
•  SSS/GSIS records
•  Insurance
• Certification of membership in any organization
•  Statement of Assets and Liabilities
•  Income Tax Return (ITR)

  For Births Previously Registered under the Surname of the Mother

1. If filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.
2. If filiation has not been expressly recognized by the father, the child shall use the surname of father upon submission of a public document or a private handwritten instrument supported by the documents listed in previous Rule. 

 What are the effects of recognition?

  For Births Not Yet Registered

1.  The surname of the father shall be entered as the last name of the child in the Certificate of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.
2. If admission of paternity is done at the back of the Certificate of Live Birth, no annotation is made in the Certificate of Live Birth. However, annotation shall be made in the Register     of Births as follows

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

    3.   If admission of paternity is made in a separate public document, the proper annotation shall be made in the Certificate of Live Birth and the Register of Births. The annotation shall be as follows:


 "Acknowledged by (name of father) on (date) pursuant to RA 9255."

     4.   In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with         the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper annotation with regard to delayed registration shall be made.

For Births Previously Registered under the Surname of the Mother

    1.   If admission of paternity was made either at the back of the Certificate of Live Birth or in a separate public document or in a private handwritten document, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:


"The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255."



The original surname of the child appearing in the Certificate of Live Birth and Register of Births shall not be changed or deleted.
      
      2.   If filiation was not expressly recognized at the time of registration, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

Reference:

ADMINISTRATIVE ORDER NO. 1, Series of 2004, 

OFFICE OF THE CIVIL REGISTRAR GENERAL