Child Registration and Surname Change for Unmarried Parents

Below is a comprehensive overview of child registration and surname changes for children born to unmarried parents in the Philippines. This is a general discussion based on laws, regulations, and common practices, and should not be taken as formal legal advice. For specific situations, it is always prudent to consult with a lawyer or your local civil registrar.

1. Legal Framework

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

    • Governs family relations, including provisions on legitimacy and illegitimacy of children.
    • Defines an illegitimate child as one conceived and born outside a valid marriage.

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

    • Amended Article 176 of the Family Code.
    • Gives an illegitimate child the right to use the surname of the father if the latter acknowledges the child in the manner provided by law.

  3. Implementing Rules and Regulations (IRR) on RA 9255

    • Provides detailed procedures on how an illegitimate child may use the father’s surname.
    • Details the requirements for executing an Affidavit to Use the Surname of the Father (AUSF), among other documents.

  4. Administrative Orders, Circulars, and Rules from the Philippine Statistics Authority (PSA) / National Statistics Office (NSO) and the Local Civil Registrar (LCR)

    • These provide administrative guidelines on registration and correction of birth certificates.

2. Registration of a Child Born to Unmarried Parents

2.1 Default Surname for Illegitimate Children

  • If the Father Does Not Acknowledge Paternity

    • Under Article 176 of the Family Code (as amended by RA 9255), illegitimate children shall generally use the surname of the mother.
    • The father’s name may be left blank on the birth certificate if he does not acknowledge the child.

  • If the Father Acknowledges Paternity

    • The child may use the father’s surname if there is proper execution of an acknowledgment document (e.g., Affidavit of Admission of Paternity) and an Affidavit to Use the Surname of the Father (AUSF).
    • Both parents typically must give consent for the child to use the father’s surname, though the father’s acknowledgment of paternity is paramount.
    • Once processed, the child’s birth certificate will reflect the father’s surname instead of the mother’s.

2.2 Who Files the Registration

  • Mother or Her Authorized Representative

    • In most cases, the mother or her authorized representative will register the birth of the child at the Local Civil Registrar (LCR) within 30 days from birth.
    • No penalty is incurred if filed on time.

  • Father or His Authorized Representative

    • The father can register the child if he acknowledges paternity and has all required documents (e.g., birth documents from the hospital/clinic, valid identification, affidavit of acknowledgment).

2.3 Required Documents for Registration

  • Certificate of Live Birth (COLB) issued by the attending physician, midwife, or hospital.
  • Valid IDs of the mother (and father, if acknowledging paternity).
  • Affidavit of Admission of Paternity (if the father is acknowledging paternity).
  • Affidavit to Use the Surname of the Father (AUSF) under RA 9255 (if parents want the child to bear the father’s surname).
  • Other documentation as may be required by the LCR, depending on local guidelines (e.g., proof of unmarried status, community tax certificates, etc.).

3. Using the Father’s Surname

3.1 Requirements Under RA 9255

  • The father must execute either:

    1. An Affidavit of Admission of Paternity, or
    2. A Private Handwritten Instrument (a document written entirely by the father stating his paternity).

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

    • This is a separate affidavit wherein both parents express their desire for the illegitimate child to carry the father’s surname.
    • This document is filed with the LCR alongside the birth certificate or as a subsequent registration if the child’s birth was already registered with the mother’s surname.

3.2 Situations Where Father’s Name is Already on the Birth Certificate

  • If the father’s details were incorrectly or informally placed on the birth certificate but no formal acknowledgment was done, the child’s birth certificate may still be considered incomplete. The father’s signature on the birth certificate as the informant does not necessarily constitute legal acknowledgment.
  • A subsequent AUSF and acknowledgment affidavit may still be required to validate the use of the father’s surname.

3.3 Effect of Using the Father’s Surname

  • The child remains illegitimate unless legitimated by subsequent marriage of the parents or adoption.
  • However, the use of the father’s surname gives the child the right to carry that surname on official documents (e.g., school records, passport, IDs).

4. Changing the Child’s Surname After Registration

4.1 Administrative Change (If Already Using Mother’s Surname)

  • If the child was originally registered with the mother’s surname, a request to use the father’s surname can be made administratively under the IRR of RA 9255, provided:

    1. The father properly acknowledged the child.
    2. An AUSF is executed and submitted to the LCR.
    3. Required fees are paid.

  • The LCR will annotate the child’s birth certificate to reflect the new surname.

4.2 Court Petition

  • If there is any dispute, lack of cooperation from one parent, or complicated issues (e.g., father contests paternity later, an error in the birth certificate not covered by simple administrative procedures, or the father is deceased and the mother seeks to establish paternity), a court petition for correction of entries or recognition of paternity may be required.
  • A court order will direct the Civil Registrar to annotate or correct the birth record accordingly.

5. Legitimation by Subsequent Marriage

  • Legitimation occurs when the biological parents of an illegitimate child subsequently marry each other.
  • Under the Family Code, if the parents had no legal impediment to marry at the time of conception, the child becomes legitimate by operation of law once the parents legally wed.
  • The parents (or the child, once of legal age) must file for an annotation of legitimation at the Local Civil Registrar.
  • The birth certificate will be annotated to reflect the change in the child’s status from illegitimate to legitimate, and the surname used by the child will typically be the father’s surname if the father’s paternity has been acknowledged or is undisputed.

6. Practical Considerations

  1. Consent and Cooperation

    • Having both parents cooperate streamlines the registration process.
    • Disputes or disagreements can lead to more complex legal steps (e.g., DNA testing, petitions to courts).

  2. Timing

    • Birth registration should ideally be done within 30 days from birth to avoid penalties and additional documentary requirements for late registration.

  3. Documentation Consistency

    • Ensure all affidavits and declarations match each other in details such as names, dates, and addresses to avoid future complications.

  4. Fees

    • Registration is free if done on time.
    • Late registrations and administrative corrections typically incur fees that vary by locality.

  5. Consultation with the Local Civil Registrar

    • Procedures can differ slightly depending on local ordinances or practice.
    • Always verify the specific requirements and fees with the civil registrar of the place where the birth occurred.

  6. Consultation with a Lawyer

    • For complex situations (e.g., contested paternity, father or mother is absent or deceased, corrections needed after many years), legal guidance can clarify and expedite the process.

7. Summary Checklist

  1. Identify Child’s Status: The child is considered illegitimate if born outside of a valid marriage.
  2. Acknowledge Paternity (if desired):
    • Affidavit of Admission of Paternity, or
    • Private handwritten instrument by the father.
  3. Execute AUSF (Affidavit to Use the Surname of the Father), if parents want the child to bear the father’s surname.
  4. Register Birth:
    • Complete the Certificate of Live Birth (COLB) with the LCR.
    • Submit all affidavits and required IDs.
  5. If Changing Surname Later:
    • File the AUSF and supporting documents with the LCR for annotation.
    • If complicated, file a petition in court for correction or recognition.
  6. If Parents Marry Later:
    • Apply for legitimation annotation in the child’s birth certificate with the LCR.

8. Conclusion

Child registration and surname use for children born out of wedlock in the Philippines primarily revolve around the provisions of the Family Code and RA 9255. While the default rule is that an illegitimate child uses the mother’s surname, Philippine law provides mechanisms—such as the Affidavit to Use the Surname of the Father (AUSF)—to allow the child to carry the father’s surname, provided paternity is duly acknowledged.

Subsequent marriage of the parents can lead to legitimation, further impacting the child’s legal status and surname. Because of the legal and administrative complexities, especially if paternity is disputed or either parent is unavailable, consulting a lawyer and coordinating with the Local Civil Registrar is highly recommended to ensure proper compliance with all legal requirements.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login