Changing a Child's Surname for Illegitimate Children in the Philippines

Below is a comprehensive discussion on the topic of changing an illegitimate child’s surname in the Philippines, including the relevant laws, procedures, and jurisprudential guidelines. Please note that this is for informational purposes only and should not be taken as legal advice. For any specific concerns, consulting a licensed Philippine attorney is strongly recommended.

1. Definition of an Illegitimate Child

Under Philippine law, an illegitimate child is one born outside of a valid marriage (Article 165 of the Family Code). The general rule is that an illegitimate child uses the surname of the mother, except in certain instances where the father explicitly recognizes the child and the legal processes for using the father’s surname are followed.

2. Governing Laws and Regulations

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

    • Articles 163 to 175 outline provisions regarding filiation (legitimate, illegitimate, and adoption), recognition of children, and their corresponding rights and obligations.

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

    • Commonly referred to as the “Revilla Law” (enacted in 2004), it amended Article 176 of the Family Code. It lays down the conditions under which an illegitimate child may use the surname of the father.

  3. Republic Act No. 9048 and Republic Act No. 10172

    • These laws govern the administrative correction or change of entries in the civil register without the need for a judicial order, under certain conditions. RA 9048 originally allowed for administrative corrections of clerical errors and changes of first name. RA 10172 expanded this to include corrections in sex or day/month of birth, but changing the surname of a child often requires recognition, legitimation (if applicable), or court proceedings unless covered specifically by RA 9255.

  4. Administrative Orders and Civil Registry Rules

    • The Office of the Civil Registrar General (OCRG) and the Philippine Statistics Authority (PSA, formerly NSO) issue administrative guidelines on implementing RA 9255, detailing the documentary requirements and procedures.

3. General Rule on the Surname of an Illegitimate Child

  • Under Article 176 of the Family Code (as amended by RA 9255), an illegitimate child shall generally use the surname of the mother.
  • If the father recognizes the child through an Affidavit of Admission of Paternity or a similar instrument, the illegitimate child may use the father’s surname subject to the conditions and procedures stated in RA 9255 and its implementing regulations.

4. Changing the Surname to the Father’s Surname (Using RA 9255)

A. Recognition by the Father

For an illegitimate child to lawfully use the father’s surname, there must be proof of paternal recognition. This can occur in a variety of ways:

  1. Affidavit of Admission of Paternity – The father explicitly acknowledges the child.
  2. Private Handwritten Instrument – The father expressly recognizes the child’s paternity in a signed document, though this is less commonly used administratively without further verification.
  3. Court Decision – In cases where the father has not voluntarily recognized the child, the mother or child (through a guardian or representative) can file a petition in court for compulsory recognition.

In all scenarios, the primary requirement is clear, unequivocal acknowledgment from the father, whether voluntarily or via a court ruling.

B. Execution of an Affidavit to Use the Surname of the Father (AUSF)

Once the father’s recognition is documented, an Affidavit to Use the Surname of the Father (AUSF) may be executed. This is often done at the Local Civil Registry (LCR) where the child’s birth was registered.

Key points about the AUSF:

  • It must be executed by the father if the child is still a minor and there is no prior recognition on the birth certificate.
  • If the child is of legal age (18 years or older), the child himself/herself can execute the affidavit, provided the father’s recognition is already established through an earlier acknowledgment or a court decision.

C. Filing the Documents with the Local Civil Registrar

After preparing the AUSF and any required proof of paternity (e.g., Affidavit of Admission of Paternity, judicial order, DNA evidence if it was a court proceeding, etc.), the documents are submitted to the LCR for annotation on the child’s birth record.

D. Annotation of Birth Certificate

Upon approval of the request:

  • The LCR will annotate the birth certificate to reflect the father’s surname.
  • The illegitimate child will then legally be able to use the father’s surname for all civil registry and identification purposes.

E. Important Caveat: No Automatic Legitimation

Using the father’s surname does not make the child legitimate. Illegitimacy remains unless the parents subsequently marry (and meet the requirements for legitimation under Articles 177–182 of the Family Code). RA 9255 simply grants the right to use the father’s surname but does not affect the child’s status as illegitimate.

5. Changing the Surname Back to Mother’s (or to Another Surname)

In situations where the child initially used the father’s surname (pursuant to RA 9255) but later decides to revert to the mother’s surname or change it again, the process can be more complex. This often involves:

  • A petition before the Local Civil Registrar or a court petition for change of name/correction of entry, depending on the circumstances (e.g., if the father’s recognition was erroneous, if there is a dispute over paternity, etc.).
  • If the basis is an alleged mistake or fraud in the father’s recognition, or if there has been a final court ruling disavowing paternity, the child (or mother) may seek judicial recourse to correct the entry in the birth certificate.

6. Judicial Proceedings vs. Administrative Proceedings

  1. Judicial Proceedings

    • If there is a disagreement between the father and the mother or if the father’s recognition is contested/denied, a court action may be necessary.
    • Petitions for change of surname on grounds other than RA 9255 typically require a court proceeding, except for corrections covered by RA 9048 and RA 10172 (which mainly address clerical errors and minor discrepancies).

  2. Administrative Proceedings

    • If all parties agree and there is clear proof of voluntary recognition, the child’s surname may be changed administratively through the LCR under RA 9255 rules.
    • Administrative correction under RA 9048 or RA 10172 might allow for minor changes or clerical corrections in the birth certificate but does not apply to substantial changes such as adding the father’s surname if there was no paternal recognition.

7. Effect of Marriage of the Parents (Legitimation)

Under Articles 177 to 182 of the Family Code, if the parents of an illegitimate child subsequently marry (and at the time of conception there was no legal impediment to marry), the child is legitimated by operation of law. This process is different from merely changing the child’s surname:

  • Once legitimated, the child’s legal status becomes that of a legitimate child.
  • The parents may process the legitimation at the Local Civil Registrar, which leads to an annotation on the birth record reflecting the child’s legitimate status and the father’s surname.

8. Practical Steps Summary

  1. Verify the child’s current status and documentation

    • Check the birth certificate and whether the father’s name/acknowledgment is reflected.

  2. Secure proof of paternity

    • If not yet recognized, the father should execute an Affidavit of Admission of Paternity, or the mother/child should seek recognition through a court proceeding if the father refuses.

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

    • If the child is a minor, the father files it (in coordination with the mother if possible).
    • If the child is of legal age and paternity is already established, the child may file it directly.

  4. Submit documents to the Local Civil Registrar

    • Include the AUSF, proof of paternity, valid IDs, and supporting documents required by the LCR.

  5. Annotation of Birth Record

    • The LCR processes the request, and if approved, annotates the birth certificate to reflect the use of the father’s surname.

  6. Obtain the updated birth certificate

    • Once the annotation is completed, request a certified copy of the updated record from the PSA.

9. Common Questions and Clarifications

  1. Does changing the surname to the father’s surname automatically grant the child support rights or inheritance rights?

    • Even before the change of surname, a recognized illegitimate child has the right to child support from the father and inherits under the rules for illegitimate children (albeit shares are different than legitimate children’s). The public and voluntary acknowledgment strengthens the child’s legal standing to enforce these rights but does not require the father’s surname per se.

  2. Is the mother’s consent needed if the father voluntarily recognizes the child?

    • Ideally, yes, because the mother’s cooperation ensures a smoother administrative process. However, the father can acknowledge paternity without the mother’s consent. If there is conflict, a court might have to resolve the matter.

  3. Can an illegitimate child use the father’s surname even if the father’s name was initially not on the birth certificate?

    • Yes, provided the father has recognized the child or the child seeks judicial recognition. Once paternity is confirmed, RA 9255 allows the name change.

  4. Can the surname still be changed if the father has passed away?

    • Yes, if there is conclusive proof of the father’s recognition (e.g., a notarized Affidavit of Acknowledgment, final court decision, or a genuine handwritten instrument from the father). If none exists, the child may need a court order establishing paternity posthumously.

  5. How long does the process take?

    • Administrative changes via the LCR may take a few weeks to a few months, depending on the complexity and the completeness of the documents. Court actions can take significantly longer.

Conclusion

Changing the surname of an illegitimate child in the Philippines primarily hinges on paternal recognition and compliance with the statutory and regulatory framework—specifically, RA 9255 and the relevant rules issued by the Office of the Civil Registrar General. While the law permits an illegitimate child to use the father’s surname under certain conditions, this does not affect the child’s status as illegitimate, nor does it automatically bestow additional legal rights beyond those that come from recognition of paternity itself.

If you are considering changing your child’s surname or seeking recognition from the father, it is wise to:

  1. Gather all relevant documents (birth certificate, affidavits, any evidence of recognition).
  2. Consult your Local Civil Registrar to clarify administrative requirements.
  3. Obtain legal advice from a qualified attorney for more complex or contested cases.

Always remember that each situation has unique facts that may affect the appropriate legal remedies and procedures.

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

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