Change of Child’s Surname to Biological Father

Below is a general discussion of the legal framework and procedures for changing a child’s surname to that of the biological father in the Philippines. This overview is for informational purposes only and does not constitute legal advice. If you need specific guidance for a particular situation, it is best to consult an attorney or visit the local civil registrar for official instructions.

1. Overview of Philippine Laws on Surnames of Children

1.1. Legitimate Children

  • Under the Family Code of the Philippines (Executive Order No. 209), a child born to a married couple is considered legitimate.
  • Legitimate children generally carry the surname of their father automatically (Family Code, Articles 163–174).
  • For a legitimate child, there is typically no need to file for a surname change because the father’s name should already appear on the birth certificate once the child is duly registered.

1.2. Illegitimate Children

  • A child born out of wedlock (i.e., the parents are not married when the child is conceived or born) is considered illegitimate, unless otherwise provided by law or subsequent marriage of the parents (Family Code, Article 165).
  • Historically, under Article 176 of the Family Code, an illegitimate child would bear the surname of the mother, and the biological father could not have his surname used by the child unless the child was legitimated by the parents’ subsequent marriage or a court order changed this arrangement.

1.3. RA 9255 (Revised Article 176 of the Family Code)

  • Republic Act No. 9255 (an amendment to Article 176 of the Family Code) now allows an illegitimate child to use the surname of the biological father, provided that the father acknowledges the child.
  • This law was a significant development because it gave parents more flexibility in determining the surname of an illegitimate child, subject to certain conditions (e.g., the father’s acknowledgment or recognition of paternity).

2. Recognition or Acknowledgment of Paternity

In order for an illegitimate child to carry the surname of the biological father, there must be a formal act of recognition or acknowledgment of paternity. This acknowledgment can happen in several ways:

  1. Execution of an Affidavit of Admission of Paternity (AAP)

    • The father signs an affidavit stating that he is the child’s father.
    • This affidavit is often executed before a notary public or authorized government official.

  2. Execution of a Private Handwritten Instrument

    • The father explicitly acknowledges paternity in a private written document (e.g., a letter). However, for purposes of civil registration, an affidavit is generally required for clarity and official recognition.

  3. Court Order

    • If the father denies paternity, a court proceeding can be initiated to establish paternity. Once a court issues a judgment declaring that a man is the biological father, that can serve as acknowledgment for registration purposes.

  4. Affidavit to Use the Surname of the Father (AUSF)

    • This affidavit, as prescribed under RA 9255 and its Implementing Rules and Regulations (IRR), is often executed alongside or after the Affidavit of Admission of Paternity.
    • It is filed with the local civil registrar (the same municipality/city where the child’s birth was registered or where the father or child is residing).

3. Procedure for Changing the Child’s Surname

3.1. Where to File

  • Normally, all birth records are stored at the Local Civil Registry (LCR) in the city or municipality where the child was born.
  • To change the surname of the child to that of the biological father, the relevant documents and affidavits must be submitted to the same LCR.

3.2. Important Documents and Steps

  1. Birth Certificate

    • Obtain a copy of the child’s original (or currently registered) Certificate of Live Birth.
    • This copy should ideally be a certified true copy issued by the Philippine Statistics Authority (PSA) or the local civil registrar.

  2. Affidavit of Admission of Paternity (AAP)

    • If the father is not yet recorded on the birth certificate or has not executed any form of acknowledgment, he must sign this affidavit before a notary public.
    • If paternity was already acknowledged at the time of registration, and the father’s name appears on the birth certificate, this step may be unnecessary.

  3. Affidavit to Use the Surname of the Father (AUSF)

    • RA 9255 and its IRR provide the standard form for this affidavit.
    • It is also signed by the father (if the child is a minor, the mother or legal guardian typically participates).
    • This affidavit expresses the father’s consent for the child to use his surname.

  4. Other Supporting Documents

    • Valid government-issued IDs of the father and mother (or guardian, if applicable).
    • Proof of the biological relationship, if required by the local civil registrar (this may include a DNA test in contentious cases, though usually an affidavit suffices if uncontested).

  5. Filing and Payment of Fees

    • Once all documents are in order, submit them to the local civil registrar.
    • Pay the required administrative fees for the processing of the change.

  6. Verification and Approval

    • The local civil registrar will evaluate your documents to ensure their completeness and authenticity.
    • Once approved, the LCR will annotate or issue a corrected/annotated birth certificate reflecting the child’s new surname.

3.3. Timelines and Possible Complications

  • Processing times vary per local civil registry.
  • If paternity is uncontested and the affidavits are complete, the process can be relatively straightforward (sometimes completed within weeks to a few months).
  • If paternity is contested or if the father refuses to acknowledge the child, a court proceeding may be necessary. This can take considerably longer, depending on court dockets and complexity of the case.

4. Situations Where a Court Order May Be Required

  1. Father Denies Paternity

    • If the supposed father refuses to acknowledge paternity, the mother or the child (through a legal representative) may have to file a court case to prove paternity via DNA testing or other evidence.

  2. Errors or Fraud in the Birth Certificate

    • If there are discrepancies in the birth certificate or a fraudulent entry, the local civil registrar might require a court decree to correct the records.

  3. Late Discovery of Biological Father

    • If another man was previously listed as father on the birth certificate, but later it was discovered that this person was not the biological father, a court proceeding might be required to correct and/or nullify the prior father’s registry.

5. Rights and Effects of Using the Father’s Surname

5.1. Parental Authority

  • Even when an illegitimate child uses the father’s surname, the mother remains the primary custodian and has sole parental authority over the child unless a court grants shared custody or some other arrangement (Family Code, Article 213).
  • The use of the father’s surname does not automatically grant him parental authority if the child is illegitimate; that is still governed by the Family Code’s provisions on illegitimacy.

5.2. Inheritance Rights

  • Acknowledging a child, or having the child bear the father’s surname, typically strengthens the child’s right to inherit from the father under Philippine law.
  • Once an illegitimate child is acknowledged, he or she becomes a compulsory heir. However, illegitimate children are still generally entitled only to a share known as the “illegitimate portion” (i.e., usually half the share of a legitimate child).
  • Using the father’s surname does not automatically “legitimate” the child nor grant the child the same inheritance rights as a legitimate child, unless there is a subsequent valid marriage of the parents (legitimation) or adoption.

5.3. Other Benefits

  • Having the father’s surname can facilitate certain legal and administrative matters for the child, such as passport applications, school records, visas, and future government IDs.
  • For many families, it also represents formal acceptance and acknowledgment of the child within the father’s family.

6. Special Notes and Common Misconceptions

  1. Consent of the Mother

    • In most cases, if the child is a minor, the mother’s or guardian’s consent is needed when filing the AUSF. A father cannot unilaterally decide to change the child’s surname if the child is illegitimate and under maternal custody without the mother’s cooperation or a court order.

  2. Legitimation vs. Acknowledgment

    • Legitimation occurs when the biological parents of an illegitimate child subsequently marry, under certain conditions prescribed by law (Family Code, Articles 177–182). This automatically grants legitimate status and changes the child’s surname.
    • Acknowledgment under RA 9255 simply allows use of the father’s surname without changing the child’s illegitimate status.

  3. Adult Child’s Choice

    • If the illegitimate child has already reached the age of majority (18 years old), he or she may independently apply for the change of surname, provided the father has acknowledged paternity. Depending on the local civil registrar’s protocols, the adult child might need an AUSF or might be directed to initiate a petition under Rule 108 of the Rules of Court for correction of entries.

  4. No Automatic Entitlement to Father’s Surname

    • RA 9255 does not automatically confer the right to use the father’s surname. The father’s acknowledgment or a court declaration of paternity is crucial.

  5. Court Petitions and Administrative Petitions

    • Changing a child’s surname can be done administratively if there is no dispute and if all legal requirements are met. If there is any serious dispute (e.g., father’s denial, a previously recorded father, or lack of mother’s consent), a judicial petition may be necessary.

7. Practical Tips

  1. Consult the Local Civil Registrar Early

    • Each city or municipality may have slightly different procedures, checklists, and local fees. Obtain an official list of requirements before you begin.

  2. Notarize All Required Affidavits

    • Ensuring the affidavits are properly notarized or executed in accordance with the IRR of RA 9255 is essential.

  3. Keep Copies of All Documents

    • Maintain personal file copies of the child’s current birth certificate, the affidavits, notarizations, and government-issued IDs. These will be important for future applications (passports, school documents, etc.).

  4. Seek Legal Advice for Complex Cases

    • If paternity is disputed, or there are prior records listing a different father, consult a lawyer to evaluate possible court proceedings under Rule 108 of the Rules of Court (for civil registry corrections) or a separate paternity suit.

  5. Be Mindful of the Child’s Best Interests

    • The paramount consideration in any matter affecting a child’s surname should be the child’s welfare and best interests.

8. Conclusion

Changing a child’s surname to that of the biological father in the Philippines involves understanding the provisions of RA 9255, the relevant sections of the Family Code, and the processes under the Local Civil Registrar. Core requirements include the father’s acknowledgment of paternity and the execution of the Affidavit to Use the Surname of the Father (AUSF). In uncontested scenarios, administrative procedures suffice; in more complicated ones, judicial intervention may be required.

Disclaimer: This overview is provided for educational and informational purposes only. It does not substitute for professional legal advice. If you have specific questions about changing a child’s surname or if your situation has unique facts (such as contested paternity or conflicting records), please seek advice from an attorney or consult the local civil registrar for personalized guidance.

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

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