Legitimacy and Surname Registration of Children in the Philippines

Query: Can an illegitimate child by a married mother be registered using the surname of another man rather than her legal husband?

In the Philippines, the legal framework governing the legitimacy and surname registration of children is primarily found in the Family Code of the Philippines and the Civil Registry Law. Here are the key points relevant to the query:

Legitimacy of Children

1. Definition: According to the Family Code, a legitimate child is one born to parents who are legally married to each other. Conversely, an illegitimate child is born to parents who are not married to each other at the time of the child’s birth.

2. Presumption of Legitimacy: Under Article 164 of the Family Code, children conceived or born during the marriage of the parents are presumed to be legitimate.

Surname Registration of Illegitimate Children

1. General Rule: According to Republic Act No. 9255, an illegitimate child generally carries the surname of the mother. However, the child can use the surname of the father if there is a voluntary acknowledgment of paternity in a public document or private handwritten instrument signed by the father.

2. Married Mother Scenario: If the mother is legally married to someone who is not the biological father of the child, complications arise. The Family Code (Article 167) states that the law presumes the child born during the marriage is the husband's child unless proven otherwise.

3. Use of Another Man’s Surname: If the biological father is not the legal husband, and there is voluntary acknowledgment of paternity, the illegitimate child can use the biological father's surname. This is irrespective of the mother's marital status.

Legal Process and Requirements

1. Acknowledgment of Paternity: For an illegitimate child to bear the surname of the biological father, the father must acknowledge the child. This acknowledgment must be in the form of a public document or a private handwritten instrument signed by the father.

2. Civil Registry: The acknowledgment of paternity must be registered with the local civil registry where the child’s birth certificate is recorded. This will amend the birth certificate to reflect the biological father's surname.

3. Disputes and Legal Proceedings: If there is a dispute regarding the child's paternity, DNA testing and legal proceedings may be necessary to resolve the issue. Courts may be involved to legally establish the child’s paternity and the right to use the biological father's surname.

Implications for the Child

1. Inheritance Rights: The use of the biological father's surname does not automatically grant the illegitimate child the same inheritance rights as legitimate children. However, the child is entitled to a portion of the inheritance, known as the legitime, under the Civil Code.

2. Parental Authority and Support: The biological father who acknowledges the child has certain rights and obligations, including providing support and exercising parental authority.

Conclusion

In summary, in the Philippines, an illegitimate child by a married mother can be registered using the surname of the biological father if there is a voluntary acknowledgment of paternity. The legal husband’s surname is not automatically used unless the biological father does not acknowledge the child, in which case the child carries the mother's surname. Legal procedures and proper documentation are crucial in ensuring that the child's surname reflects the biological father's identity.