Affidavit to Use Father’s Surname Requirements in the Philippines

Affidavit to Use Father’s Surname Requirements in the Philippines: A Comprehensive Guide

In the Philippines, proper use of a surname is not just a personal choice; it is governed by law. One specific legal process that often comes to the forefront is the use of the father’s surname by a child born out of wedlock or a child whose parents have complex marital circumstances. Below is a comprehensive overview of the “Affidavit to Use Father’s Surname” (AUSF), including its legal basis, who may file it, its requirements, and the procedures involved. This guide is intended for general information only and should not be construed as formal legal advice.

1. Legal Framework

  1. Family Code of the Philippines (Executive Order No. 209, as amended)

    • The Family Code lays down basic rules on the status of children, legitimacy and illegitimacy, and parents’ rights and obligations.

  2. Republic Act (R.A.) No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father)

    • Signed into law on February 24, 2004, R.A. 9255 is commonly known for the clause “An Act Allowing Illegitimate Children to Use the Surname of Their Father.” It amended Article 176 of the Family Code to allow illegitimate children to bear the surname of the father, subject to certain conditions.

  3. Implementing Rules and Regulations (IRR) of R.A. 9255

    • The Office of the Civil Registrar General (OCRG) issued Administrative Order No. 1, Series of 2004, detailing the rules, procedures, and documentary requirements for the use of the father’s surname by an illegitimate child.

2. Who May Execute an Affidavit to Use the Father’s Surname

  1. Parents of an Illegitimate Child

    • The father or mother of a child born out of wedlock may execute the AUSF in order for the child to legally use the father’s surname.
    • In many cases, the child’s father must acknowledge paternity and consent to the use of his surname.

  2. Guardian or Legal Representative

    • If the parents are absent, incapacitated, or otherwise legally disqualified, a guardian or legal representative may file the affidavit on behalf of the child, under the guidance of the relevant courts or the Department of Social Welfare and Development (DSWD).

  3. Child (if of age)

    • A child who has reached the age of majority (18 years old) may also execute or file the affidavit on their own behalf if they wish to use their father’s surname, provided they can secure proof of paternity and the father’s acknowledgment.

3. General Requirements for the Affidavit to Use Father’s Surname

The requirements can vary slightly depending on local government units (LGUs) or the specific circumstances of the applicant, but generally include:

  1. Duly Accomplished Affidavit to Use the Surname of the Father (AUSF)

    • This affidavit is typically done under oath before a notary public or other authorized officials (such as a consul in a Philippine embassy if executed abroad).

  2. Proof of Paternity

    • This may be demonstrated through:
      • The child’s Certificate of Live Birth, where the father is named.
      • A separate Acknowledgment of Paternity or an Affidavit of Acknowledgment/Admission of Paternity, if the child’s birth certificate does not list the father’s name.
      • Court order establishing paternity (in contentious cases).

  3. Identification Documents

    • Valid government-issued IDs of the affiant(s).
    • IDs of the child (if of age) may also be required if the child is the one filing.

  4. Child’s Existing Birth Certificate

    • A certified true copy issued by the Philippine Statistics Authority (PSA) or the local civil registry. This is essential to demonstrate the child’s current legal surname and to confirm that the father is not yet listed (or is listed, but the child is not using his surname).

  5. Marriage Certificate (if applicable)

    • If the parents were married at some point (e.g., subsequent marriage after the child’s birth or if there is any question of legitimacy), a marriage certificate may be required to clarify the child’s status.

  6. Other Supporting Documents

    • If the father is deceased, a death certificate may be needed alongside any proof of acknowledgment prior to his death.
    • If there is a guardianship arrangement, guardianship papers or court orders may be required.

4. Step-by-Step Procedure

  1. Consult the Local Civil Registry or the Philippine Statistics Authority (PSA)

    • Before executing the affidavit, inquire at the Local Civil Registry (LCR) where the child’s birth was registered or at the PSA regarding the specific AUSF process and forms.

  2. Secure the Proper Form

    • Obtain the official “Affidavit to Use the Surname of the Father” (AUSF) form from the Local Civil Registry or the PSA website, if available.

  3. Execute the Affidavit

    • Fill out the AUSF form completely, ensuring all details match the birth records and other documents.
    • Sign the affidavit in the presence of a notary public or an authorized officer (e.g., city or municipal registrar, consul, etc.), who will certify it under oath.

  4. Submit the Required Documents

    • Provide the notarized affidavit along with the required supporting documents (child’s birth certificate, proof of paternity, valid IDs, etc.) to the Local Civil Registry where the child’s birth record is kept.

  5. Pay the Corresponding Fees

    • Fees may vary by municipality or city. Ensure you obtain and keep official receipts for the record.

  6. Wait for Processing

    • The Local Civil Registry will process the application and annotate the child’s birth certificate to reflect the new surname.
    • Once annotated, the revised birth certificate is forwarded to the PSA for further annotation and record-keeping.

  7. Obtain the Annotated Birth Certificate

    • After the annotation is completed, you can secure a certified copy of the child’s birth certificate from the LCR or request the updated version (with annotation) from the PSA. This new PSA-certified copy will show the child’s new surname as the father’s surname.

5. Timelines and Potential Delays

  • Local Civil Registry Processing: The local civil registrar usually processes the affidavit and supporting documents within a few weeks to a couple of months, depending on their workload.
  • PSA Annotation: After the LCR processes and forwards the documents to the PSA, it can take additional weeks for the annotation to appear in the PSA system. Delays often occur if documents are incomplete or if the father’s acknowledgment requires additional verification.

6. Special Circumstances and Considerations

  1. Subsequent Marriage of Parents

    • If the parents marry after the child’s birth, the child may become “legitimated.” This is a separate legal procedure known as Legitimation by Subsequent Marriage. Once legitimized, the child will generally carry the father’s surname automatically, subject to proper documentation and annotation.

  2. Court Intervention

    • If the father’s acknowledgment is disputed or the father refuses to acknowledge paternity, the mother or the child may need to file a paternity case in court to establish parental ties.

  3. Child’s Right to Choose

    • Once a child becomes of legal age, they have more autonomy in deciding whether or not to use the father’s surname, although the proof and documentation requirements remain in place.

  4. Rectification of Clerical Errors

    • Some birth certificates may have typographical errors or incomplete entries. If so, a separate petition under Republic Act 9048 (Clerical Error Law) or R.A. 10172 (for corrections involving sex, day/month of birth) may be required before proceeding with the AUSF.

  5. Dual Citizenship or Foreign Father

    • If the father is a foreign national, additional requirements may apply, such as authenticated foreign documents proving paternity. Coordination with the consulate of the father’s nationality might be needed.

7. Fees and Cost Considerations

  • Notarial Fee: The cost of notarizing the affidavit may differ depending on the notary public or the location.
  • Filing and Processing Fees: Local civil registry offices have varying rates. Always verify with your municipality or city.
  • PSA Copy Fees: Securing annotated copies from the PSA entails additional fees for each certified copy.

8. Importance of Proper Documentation

  1. Legal Recognition

    • Using the father’s surname ensures that the child’s identity is consistent across important documents (e.g., passport, school records, driver’s license, bank accounts).

  2. Inheritance and Successional Rights

    • Though illegitimate children have certain legal rights under the Family Code, officially bearing the father’s surname can simplify proving one’s relationship to the father for purposes of inheritance or benefits.

  3. Avoiding Future Complications

    • Properly annotated birth certificates help avoid bureaucratic hurdles in employment, travel, social security claims, and other legal transactions.

9. Frequently Asked Questions (FAQs)

  1. Can a mother unilaterally use the father’s surname without his consent?

    • Generally, no. The father’s acknowledgment or admission of paternity is needed unless a court order establishing paternity is secured.

  2. Is DNA testing required?

    • It depends on the circumstances. If paternity is contested and no voluntary acknowledgment exists, a court may require DNA testing to establish paternity. For uncontested cases, a simple affidavit or acknowledgment of paternity generally suffices.

  3. What if the child was initially registered with the father’s surname without an AUSF?

    • If the registration was done improperly or without complete documentation, the civil registry may require an AUSF or other supporting documents to correct or annotate the record.

  4. Can an adult child (over 18) file an AUSF on their own?

    • Yes, an adult child can execute and file an AUSF as long as they have the requisite proof of paternity and comply with all other documentary requirements.

  5. Is it possible to revert back to the mother’s surname later on?

    • Reverting to the mother’s surname once the child is using the father’s surname is more complicated. It typically requires a judicial process to change names legally, unless very specific errors or conditions apply.

10. Final Notes and Disclaimers

  • Seek Professional Help: While the AUSF process can be straightforward, each individual’s situation may present nuances. Consulting a lawyer specializing in family law or visiting the Local Civil Registry for official guidance helps avoid errors and delays.
  • Always Check for Updates: Philippine laws, administrative orders, and local civil registry guidelines can change. Confirm the latest requirements and fees before starting the process.
  • No Substitute for Formal Legal Advice: This article provides a general overview based on laws and regulations in effect as of this writing. It should not be taken as a replacement for direct legal counsel.

References and Further Reading:

  • Family Code of the Philippines (Executive Order No. 209)
  • Republic Act 9255 and its Implementing Rules and Regulations (Administrative Order No. 1, Series of 2004)
  • Local Civil Registry Office (LCR) Guidelines
  • Philippine Statistics Authority (PSA) Official Website

By familiarizing yourself with these rules and taking the steps outlined above, you can successfully navigate the process of executing an Affidavit to Use the Father’s Surname. Always remember to confirm the most up-to-date regulations with your local civil registry or the PSA to ensure compliance and a smooth legal procedure.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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