How can an illegitimate child born in 2001 add their father's surname to their birth certificate in the Philippines?

In the Philippines, adding a father's surname to the birth certificate of an illegitimate child involves specific legal steps. Here is a detailed guide on how to proceed with this process:

Step 1: Recognition of Paternity

For an illegitimate child to use the father's surname, there must be recognition of paternity. This can be done in two primary ways:

Voluntary Recognition: The father voluntarily acknowledges the child. This is typically done at the Local Civil Registry (LCR) where the child’s birth was registered. The father must sign the Affidavit of Admission of Paternity and the Affidavit to Use the Surname of the Father (AUSF).
Judicial Recognition: If the father does not voluntarily recognize the child, the mother or the child can file a petition in court for the judicial recognition of paternity. This involves presenting evidence and possibly undergoing a DNA test to establish paternity.

Step 2: Execution of Affidavit to Use the Surname of the Father (AUSF)

Once paternity is recognized, the next step is to execute the AUSF. This affidavit must be notarized and submitted along with the recognition documents. The AUSF must be filed with the LCR where the birth was registered.

Step 3: Amending the Birth Certificate

After the AUSF is submitted, the LCR will annotate the birth certificate to reflect the father's surname. The annotation will include a remark stating that the child is recognized by the father and will now bear his surname.

Step 4: Endorsement to the Philippine Statistics Authority (PSA)

The annotated birth certificate is then endorsed to the PSA for updating their records. The updated birth certificate can be requested from the PSA after the endorsement is completed.

Requirements and Documents

Original and certified true copies of the birth certificate
Affidavit of Admission of Paternity
Affidavit to Use the Surname of the Father (AUSF)
Valid IDs of both parents
Marriage certificate if the parents are married after the child’s birth
Court order, if applicable

Legal Implications

It is important to note that even if an illegitimate child uses the father’s surname, this does not change the child's status to legitimate. The child remains illegitimate unless the parents subsequently marry and legitimize the child through a subsequent legitimation process.

Important Considerations

The process of recognition and surname change is voluntary and cannot be forced upon the father.
Legal assistance is recommended to navigate potential complications, especially in cases requiring judicial recognition.
The mother or the child, once of legal age, can initiate this process.

By following these steps, an illegitimate child born in 2001 can add their father's surname to their birth certificate, provided that paternity is recognized either voluntarily or through a court order. This legal process ensures the accurate reflection of the child's lineage and identity in official records.