Changing the Name of the Father on a Birth Certificate in the Philippines

How can an individual change the name of the father on their birth certificate to reflect their biological father?

In the Philippines, changing the name of the father on a birth certificate to reflect the biological father involves several legal steps. This process is governed by laws and regulations to ensure accuracy and legal validity. Here are the key steps involved:

1. Petition for Correction of Entry in the Civil Registry:

   • The individual must file a petition for correction of entry under Rule 108 of the Rules of Court. This petition is filed in the Regional Trial Court (RTC) of the province or city where the birth certificate was registered.
   • The petition should include all necessary documents, such as the original birth certificate, affidavits, and evidence proving the biological father's identity and relationship.

2. Supporting Documents:

   • Original Birth Certificate: A certified true copy of the original birth certificate where the father's name needs to be corrected.
   • DNA Test Results: Although not always mandatory, DNA test results can be a crucial piece of evidence to establish paternity.
   • Affidavits of Discrepancy: Affidavits from the biological father, the mother, and other close relatives affirming the biological paternity.
   • Affidavit of Acknowledgment/Admission of Paternity: This should be executed by the biological father acknowledging the child as his own.
   • Marriage Certificate of Parents: If the biological parents are married, their marriage certificate should also be included.

3. Court Proceedings:

   • Once the petition is filed, the court will schedule a hearing. The petitioner must notify the Local Civil Registrar, the Office of the Solicitor General, and other concerned parties about the petition and the hearing.
   • During the hearing, the petitioner presents the case and submits all evidence. Witnesses, such as the mother and biological father, may be required to testify.
   • The court evaluates the evidence and hears testimonies before making a decision.

4. Court Decision:

   • If the court finds the petition and evidence sufficient, it will issue an order to correct the entry in the civil registry.
   • The court order must then be presented to the Local Civil Registrar where the birth certificate was originally registered.

5. Annotation and Issuance of Corrected Birth Certificate:

   • The Local Civil Registrar will annotate the court order on the original birth certificate, indicating the correction of the father's name.
   • A new birth certificate reflecting the biological father’s name will be issued.

6. Notification to Relevant Agencies:

   • It is important to notify relevant government agencies of the change, such as the Philippine Statistics Authority (PSA), so that all records are updated accordingly.

Key Considerations

• Legal Representation: It is highly advisable to seek legal assistance when filing a petition to ensure that all legal procedures are correctly followed.
• Timeliness: The process can take several months due to court proceedings and bureaucratic processes. Early action is recommended to avoid delays.
• Accuracy: Ensuring that all submitted documents are accurate and complete is crucial for the success of the petition.

By following these steps, an individual can legally change the name of the father on their birth certificate in the Philippines to reflect their biological father, ensuring the accuracy of their personal records.