Changing a Child’s Surname to the Father in the Philippines Without Marriage

Changing a Child’s Surname to the Father in the Philippines Without Marriage
(A Comprehensive Legal Overview)

In the Philippines, the general rule is that an illegitimate child (one born to parents who are not married to each other at the time of the child’s birth) shall use the surname of the mother. However, Philippine laws do allow an illegitimate child to use the father’s surname under certain conditions. This article discusses the legal framework, procedures, and considerations for changing a child’s surname to the father’s, even when the parents are unmarried.

1. Legal Basis

  1. Article 176 of the Family Code (as amended by R.A. 9255)

    • Originally, Article 176 of the Family Code mandated that illegitimate children shall use the surname and shall be under the parental authority of the mother.
    • Republic Act No. 9255, enacted in 2004, amended this article. It introduced a provision allowing an illegitimate child to use the surname of the father if the father expressly recognizes the child, either through the record of birth or through a public document or private handwritten instrument.

  2. Administrative Regulations (Implementing Rules and Regulations on R.A. 9255)

    • The Office of the Civil Registrar General (OCRG) issued administrative guidelines that detail the procedures and documents required when registering a child’s birth or, subsequently, changing the surname to that of the father’s.
    • These guidelines cover both new birth registrations (where the father acknowledges paternity at the time of registration) and subsequent changes (where the father acknowledges paternity only after the child’s birth has been registered using the mother’s surname).

  3. RA 9048 (Clerical Error Law) / RA 10172

    • While these laws generally allow for the administrative correction of clerical or typographical errors in the civil registry, changing an illegitimate child’s surname from the mother’s to the father’s involves acknowledgment of paternity and is governed more specifically by R.A. 9255 and its implementing rules.

2. When Can an Illegitimate Child Use the Father’s Surname?

An illegitimate child can use the father’s surname only if:

  1. The father acknowledges the child as his. This must be done either:
    • At the time of birth registration (through signatures or affidavits in the Certificate of Live Birth); or
    • After birth registration (through an “Affidavit of Acknowledgment” or a “Private Handwritten Instrument” duly notarized and presented to the local civil registry).
  2. There is clear and convincing evidence of such paternity acknowledgment.
  3. The proper registration or petition procedure is followed with the Local Civil Registry (LCR) and, when required, with the Office of the Civil Registrar General.

3. Procedures for Changing the Child’s Surname to the Father’s

A. If the Father is Acknowledged at Birth Registration

  1. Filling Out the Birth Certificate:

    • During birth registration, if the father is present and willing to acknowledge the child, both parents must sign the appropriate sections of the Certificate of Live Birth (COLB).
    • Under the amended guidelines, the father’s signature and an affidavit of acknowledgment will allow the child to use the father’s surname right away.

  2. Submission to the Local Civil Registry (LCR):

    • The parents submit the COLB with the required signatures and affidavit, along with valid IDs.
    • The LCR records the child as illegitimate (since the parents are not married), but the registered surname is the father’s.

  3. Issuance of Birth Certificate:

    • Once recorded, the LCR will generate the birth certificate reflecting the father’s surname.

This process is more straightforward because the father’s acknowledgement coincides with the birth registration.

B. If the Child is Already Registered with the Mother’s Surname

Often, the father’s acknowledgement comes after the child’s birth has been registered. In such a scenario, the following general steps apply:

  1. Execute an Affidavit of Acknowledgment or Admission of Paternity

    • The father must prepare a sworn statement (Affidavit of Acknowledgment) confirming he is the child’s biological father.
    • This document should be notarized or, in some cases, executed before a consular officer if the father is abroad.

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

    • In addition to the Affidavit of Acknowledgment, many LCR offices require an Affidavit to Use the Surname of the Father (AUSF).
    • This affidavit essentially requests the change in surname in the birth record.

  3. Submission to the Local Civil Registrar

    • Both parents (or the mother if the father is unavailable, but with the father’s affidavit in hand) must submit the required documents to the LCR where the child’s birth was registered.
    • Required documents typically include:
      • Original and certified true copies of the child’s birth certificate
      • Affidavit of Acknowledgment/Admission of Paternity (notarized)
      • Affidavit to Use the Surname of the Father (AUSF)
      • Valid identification documents of both parents
      • Other supporting evidence the LCR may require

  4. Endorsement to the Office of the Civil Registrar General (OCRG)

    • Depending on the local guidelines and the specific circumstances, the LCR may require endorsement to the OCRG for approval of the changed entry.
    • This step is more likely if the birth record is already transmitted to the Philippine Statistics Authority (PSA).

  5. Payment of Fees

    • The LCR or the OCRG will charge corresponding fees for the processing and issuance of certified documents.

  6. Issuance of Amended Birth Certificate

    • Once the application is approved and recorded, an amended or annotated birth certificate will be issued. It will reflect that the child’s surname has been changed to the father’s, with notations regarding the affidavits used.

4. Potential Complications and How They Are Addressed

  1. Disagreement Between Parents

    • If the mother does not consent or the father refuses to execute the affidavit, the administrative route through the LCR cannot proceed. In these cases, the parent seeking to change the surname may file a petition in court to establish paternity through judicial determination (e.g., DNA testing) and to request a court order for the name change.

  2. Absence or Unavailability of the Father

    • If the father is abroad or cannot appear personally, he may execute a Special Power of Attorney (SPA) authorizing another person to file documents on his behalf, along with a notarized or consularized Affidavit of Acknowledgment.
    • All documents executed abroad must typically be authenticated (e.g., via apostille or the Philippine Embassy/Consulate).

  3. Child Already Using the Father’s Surname Informally

    • Even if the child is informally known by the father’s surname (e.g., for school or other records), this does not legally change the child’s surname unless the procedure under R.A. 9255 is followed and the birth record is annotated accordingly.

  4. Subsequent Legitimation by Marriage

    • If the parents eventually marry each other, the child’s status can be legitimated by operation of law. This is a different process outlined in the Family Code (Articles 177-182).
    • If legitimation occurs, the child’s surname in the civil registry can be updated again based on the legitimation documents.

5. Effects on Parental Authority and Child Support

  1. Parental Authority

    • Under the Family Code, an illegitimate child is under the sole parental authority of the mother, even if the child uses the father’s surname.
    • However, the father has rights of visitation and is obligated to provide support upon recognizing the child.

  2. Child Support

    • Once a father acknowledges paternity, he is legally required to provide child support.
    • The father’s acknowledgment (affidavit) or a court order establishing paternity usually strengthens the mother’s legal basis to demand and enforce support.

  3. Inheritance Rights

    • Acknowledged illegitimate children do have successional rights (i.e., the right to inherit) from their father, though less than what a legitimate child receives (in accordance with the Civil Code).
    • Acknowledgement of paternity simplifies the process of claiming inheritance rights later.

6. Practical Tips and Reminders

  1. Consult the Local Civil Registrar

    • Each Local Civil Registry office may have slightly different requirements or guidelines in terms of documentation. It is best practice to inquire directly before filing.

  2. Ensure Accuracy of Documents

    • Provide consistent spelling of names, correct birthdates, and accurate personal details in affidavits.
    • Any discrepancy might lead to additional paperwork or denial of the application.

  3. Secure Certified True Copies of All Documents

    • Keep multiple copies of the child’s birth certificate (both the old and the newly annotated versions), the affidavits, and any court orders for future reference (school enrollment, travel, etc.).

  4. Be Aware of Timelines

    • Processing time varies per LCR and depending on whether the records are already transmitted to the PSA.
    • If the child’s record has been forwarded to the PSA, the LCR may need to endorse your request to the PSA for annotation. This can lengthen the process.

  5. Seek Legal Advice if Needed

    • If there is any dispute, a need to establish paternity, or confusion on the procedures, it is advisable to consult a lawyer. A legal professional can help you decide whether the administrative or judicial route is most appropriate.

7. Frequently Asked Questions

  1. Q: Is it mandatory for an illegitimate child to use the father’s surname once acknowledged?
    A: No, it is not mandatory. RA 9255 provides an option, not an obligation. The mother (or the child, when of age) can choose to retain the mother’s surname even if the father acknowledges the child.

  2. Q: Will using the father’s surname make the child “legitimate”?
    A: No. The status of legitimacy depends on whether the child was born within a valid marriage. Using the father’s surname only grants the child rights to carry that surname. Legitimation can occur only if the parents marry each other and meet the requirements set by law.

  3. Q: Can the father later withdraw or cancel the acknowledgment of paternity?
    A: An acknowledgment of paternity is generally irrevocable unless it is proven (through court) that there was fraud, mistake, or lack of authenticity (e.g., forgery). Courts are reluctant to simply allow retraction of an established paternal acknowledgment.

  4. Q: How soon can the father’s name appear on the PSA copy of the child’s birth certificate after the change?
    A: It varies. Once the LCR approves the changes, it endorses the annotated record to the PSA. The PSA will update its database. This process can take several months. After that, you can secure the updated (annotated) PSA birth certificate.

  5. Q: What if the father is abroad and cannot return to execute documents in person?
    A: The father can execute and notarize the required affidavits at the Philippine Embassy/Consulate in the country where he resides. Alternatively, documents can be apostilled or consularized under international agreements, then submitted to the LCR in the Philippines.

Conclusion

Changing a child’s surname to the father’s in the Philippines without marriage is possible through acknowledgment of paternity under Republic Act No. 9255 and its implementing rules. The process varies depending on whether the father was already acknowledged in the original birth certificate or if the acknowledgment is only done after birth registration. While this procedure allows the child to use the father’s surname, it does not affect the illegitimate status of the child nor automatically grant the father parental authority. Nonetheless, once paternity is established and recognized, it does confer certain legal rights and obligations—most notably the right to support and the opportunity for the child to inherit from the father.

If you are considering this process, it is highly recommended to visit the local civil registry where the child’s birth is recorded, confirm document requirements, and—if necessary—seek legal counsel to guide you through disputes or more complex cases. This ensures both parents and the child benefit from a clear, properly documented filial relationship under Philippine law.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific concerns and legal questions, you should consult a duly licensed attorney in the Philippines.

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

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