Changing a Child’s Surname to the Biological Father

Below is a comprehensive discussion of the legal and procedural aspects of changing a child’s surname to the biological father’s in the Philippines. This information is for general educational purposes only and should not be taken as legal advice. If you need guidance tailored to your specific situation, it is best to consult a qualified attorney or visit your local civil registry.

1. Overview of Philippine Laws Affecting a Child’s Surname

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

    • Governs matters of family relations, including paternity, filiation, and legitimization.
    • Article 174 and 176 specifically address the surnames and rights of children, whether legitimate or illegitimate.

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

    • Enacted in 2004 and amending certain provisions of the Family Code regarding the surname of illegitimate children.
    • Under this law, an illegitimate child may use the father’s surname if the father recognizes or acknowledges the child in the manner prescribed by law.

  3. Act No. 3753 (Civil Registration Act)

    • Governs the system of registration of births, deaths, and marriages in the Philippines.
    • Provides guidelines for recording any subsequent changes (such as changes of name) in the civil registry.

2. Distinction Between Legitimate and Illegitimate Children

  • Legitimate Children
    A child is considered legitimate if he or she is born within a valid marriage or within 300 days after its dissolution, provided that the mother remains unmarried.

  • Illegitimate Children
    A child is considered illegitimate if he or she is born outside a valid marriage. Even if the parents later marry each other, the child is initially considered illegitimate unless “legitimated” by operation of law (see Section 4 on legitimation).

Why this distinction matters:

  • Under Philippine law, legitimate children typically use the father’s surname by default.
  • Illegitimate children carry the mother’s surname, unless the father expressly recognizes the child and complies with the requirements of R.A. 9255 or relevant provisions of the Family Code.

3. Methods of Changing a Child’s Surname to the Father’s Surname

A. By Acknowledgment or Voluntary Recognition (for Illegitimate Children)

  1. Affidavit of Admission of Paternity or Affidavit of Acknowledgment

    • For an illegitimate child to use the father’s surname, the father must acknowledge paternity in a public document (e.g., an affidavit notarized and sworn before a notary public) or in a private handwritten instrument signed by the father.
    • The acknowledgment is then submitted to the Local Civil Registrar (LCR) where the child’s birth certificate was registered.

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

    • Pursuant to R.A. 9255 and its Implementing Rules and Regulations, the father (or in certain cases, the mother or the child if of legal age) can file an AUSF with the LCR to facilitate the use of the father’s surname.
    • The father’s acknowledgment or admission of paternity must already be recorded in the birth certificate or in a separate affidavit that is registered with the LCR.
    • The LCR will annotate the birth certificate, indicating that the child is allowed to use the father’s surname.

  3. Key Requirements

    • Child’s original birth certificate
    • Affidavit of Admission of Paternity or the father’s sworn statement acknowledging the child if not already indicated in the birth certificate
    • Affidavit to Use the Surname of the Father (AUSF)
    • Valid identification for the parents (and child, if of age)
    • Payment of registration fees as required by the LCR

  4. Effect of Using the Father’s Surname

    • Using the father’s surname under R.A. 9255 does not change the child’s status to “legitimate.” It only affects the surname appearing on official records.
    • The child remains illegitimate unless subsequently legitimated by the marriage of the parents (provided there was no legal impediment at the time of conception) or by adoption.

B. By Legitimation (if the Parents Marry Later)

  1. When Legitimation Applies

    • Legitimation occurs when a child born out of wedlock is “legitimated” by the subsequent valid marriage of the biological parents.
    • A key condition is that the child’s parents had no legal impediment to marry at the time the child was conceived. If, for example, one parent was married to someone else at the time of conception, legitimation through marriage does not apply.

  2. Process of Legitimation

    • After the valid marriage, the parents must file the necessary documents (including their marriage certificate and the child’s birth certificate) with the LCR.
    • The LCR will annotate the birth certificate to reflect that the child has been legitimated. Consequently, the child’s surname is changed to that of the father (if not already changed).

  3. Legal Effects of Legitimation

    • Upon legitimation, the child enjoys the same rights as a child who was legitimate from birth, including inheritance rights.
    • The child’s civil status changes from illegitimate to legitimate.

C. By Judicial Order (Court Petition)

  1. When a Court Petition is Necessary

    • If there is a dispute about paternity or if the father refuses to acknowledge the child voluntarily, the mother (on the child’s behalf) or the child (if of age) may file a petition in court to establish paternity.
    • If there is a need to correct or change the child’s name in the birth certificate beyond mere clerical errors—such as removing or adding a father’s name—this often requires a court order (unless covered by the administrative processes mentioned above).

  2. Proof of Paternity

    • DNA testing, witness testimony, and other documentary evidence may be used in court to prove that a man is the child’s biological father.
    • Once the court establishes paternity, the judge can order the civil registrar to reflect the father’s name on the birth certificate and allow the child to use his surname.

  3. Court Process

    • Filing of a verified petition for correction of entry or recognition of paternity.
    • Notice and summons to all interested parties.
    • Presentation of evidence and hearing.
    • If granted, the court issues a decision/order to the LCR to annotate changes.

4. Special Considerations

  1. Children Born to Minors

    • If either parent is below 18 years old at the time of the child’s birth, the LCR may require additional proof of parental consent or guardianship documents for any legal changes.

  2. Effect on Inheritance

    • Simply using the father’s surname does not automatically give an illegitimate child the inheritance rights of a legitimate child.
    • Under Philippine law, illegitimate children are entitled to half the share of legitimate children in terms of inheritance. If legitimated or adopted, the child would have the same rights as a legitimate child.

  3. Father Is Married to Another Woman

    • Even if the father is legally married to someone else, an illegitimate child still has the right to recognition and child support.
    • The father’s civil status does not bar him from acknowledging the child.
    • However, it does not change the child’s status as illegitimate, nor does it invalidate the father’s existing marriage.

  4. Subsequent Children

    • If the father has multiple children with different partners, each child’s legal status (legitimate or illegitimate) and surname usage should be assessed on a case-by-case basis. They can each use the father’s surname upon compliance with legal requirements.

  5. Adoption

    • If the biological father is absent or the child is to be legally integrated into another family, adoption may be an alternative route to changing the child’s surname.
    • Adoption extinguishes the child’s legal ties to the biological parents (except in step-parent or relative adoptions under certain conditions) and grants the rights of a legitimate child to the adoptee.
    • The procedure for adoption is governed by R.A. 8552 (Domestic Adoption Act) and involves a judicial process.

5. Step-by-Step Guide for Changing an Illegitimate Child’s Surname via R.A. 9255 (Administrative Process)

  1. Obtain the Child’s Birth Certificate

    • Secure a certified true copy from the Philippine Statistics Authority (PSA) or the LCR where the birth was registered.

  2. Prepare the Required Documents

    • Affidavit of Admission of Paternity (if the father’s name is not yet on the birth certificate).
    • Affidavit to Use the Surname of the Father (AUSF).
    • Valid government-issued IDs of parents and/or the child (if of legal age).

  3. Submit Documents to the Local Civil Registry

    • File the AUSF and the father’s affidavit acknowledging paternity at the LCR where the birth certificate is registered.
    • Pay the corresponding fees.

  4. Annotation of Birth Certificate

    • The LCR will annotate (make a marginal note) on the child’s birth certificate, indicating the new surname authorized for the child’s use.

  5. Request Updated Copy from the PSA

    • After the changes are forwarded to the PSA, the updated birth certificate reflecting the father’s surname becomes available. This may take weeks or months, depending on the coordination between the LCR and PSA.

6. Frequently Asked Questions

  1. Does using the father’s surname make the child legitimate?

    • No. Under Philippine law, using the father’s surname does not automatically change the child’s status to “legitimate.” Legitimation generally requires the subsequent valid marriage of the parents (with no legal impediment at conception) or adoption.

  2. What if the father refuses to sign the acknowledgment or AUSF?

    • A judicial petition may be necessary to establish paternity and effect the change of surname. DNA evidence can be presented in court to prove filiation.

  3. Can the mother sign the AUSF on behalf of the father?

    • Generally, no. The father must acknowledge or admit paternity himself. The mother’s signature alone is insufficient unless the father is deceased or otherwise incapacitated, in which case the court may intervene.

  4. Will the child’s birth certificate show that it has been changed?

    • Yes. The local civil registrar will annotate the birth certificate. The PSA copy will reflect this annotation once the updated record is transmitted.

  5. What if parents marry later but fail to process legitimation?

    • The child remains listed as “illegitimate” unless the legitimation is processed with the LCR. The marriage alone does not automatically change the child’s legal status.

7. Practical Tips

  • Consult with a Lawyer
    • While administrative procedures may be relatively straightforward, complicated facts (disputed paternity, father’s refusal, existing marriages) warrant professional advice.
  • Keep Records and Receipts
    • Always secure official receipts and stamped copies of documents from the LCR or PSA to track your application status.
  • Follow Up with PSA
    • After the LCR processes the change, check with the PSA to confirm that your updated birth certificate has been recorded properly.
  • Act Promptly
    • The sooner you complete the registration or legitimation process, the fewer complications you will encounter later (e.g., for passport applications, school records, and other ID requirements).

Conclusion

Changing a child’s surname to that of the biological father in the Philippines involves understanding the legal distinction between legitimate and illegitimate children, the rights of both parents, and the procedures outlined under the Family Code, R.A. 9255, and applicable civil registration laws. In many cases—especially for children born out of wedlock—an Affidavit of Admission of Paternity and an Affidavit to Use the Surname of the Father are required to effect the change administratively at the local civil registry. Where the father refuses to acknowledge the child or when the paternity is in dispute, a judicial proceeding may be necessary.

Above all, each situation may present unique facts that affect the most appropriate legal action. Therefore, it is always best to consult a qualified legal professional or the local civil registrar to navigate the process correctly and ensure that the child’s best interests are safeguarded.

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

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