Disclaimer: The following discussion provides general legal information based on statutes and common practice in the Philippines. It should not be taken as formal legal advice. For specific questions or concerns about your circumstances, consult a qualified attorney or visit your local civil registry office.

I. Introduction

In Philippine law, the legitimacy of a child and the use of the father’s surname are governed primarily by the Family Code of the Philippines, Republic Act (R.A.) No. 9255, and other relevant administrative issuances by the Philippine Statistics Authority (PSA) and the Office of the Civil Registrar General. Understanding how a child may acquire legitimate status—and how that child may bear the father’s surname—can be crucial for inheritance rights, identity, and legal recognition.

This article delves into the key aspects of:

Legitimation – What it is, the requirements, and why it matters.
Using the Father’s Surname – How illegitimate children can use their father’s surname under R.A. 9255.
Costs and Procedures – Particularly focusing on “legitimation costs” when filing in a local civil registry office different from where the child’s birth was originally registered.

II. Legitimation Under Philippine Law

A. Definition and Purpose

Legitimation is a legal process whereby an illegitimate child, conceived and born out of wedlock, is given the status and rights of a legitimate child by the subsequent valid marriage of the parents.
The process is rooted in Articles 177 to 182 of the Family Code. Once legitimated, the child is deemed legitimate from the time of birth, granting the child the same rights (e.g., inheritance, support) as those of a child born to parents in a valid marriage.

B. Who May Be Legitimized?

Illegitimate Children: The child must have been conceived and born when the parents were not validly married to each other.
No Legal Impediment to Marry: At the time of conception, the only reason the child was illegitimate is that the parents were not married—but no other legal impediments existed (e.g., a parent was not validly married to someone else). After the impediment is removed and the parents are able to contract a valid marriage, the child may be legitimated.

C. Effect of Legitimation

Once legitimated, the child’s legal status is effectively “legitimate” from the date of the child’s birth.
The child is entitled to all rights of a legitimate child, including the right to inherit from both parents and the right to use the father’s surname (with specific documentary processes involved).

III. Using the Father’s Surname: R.A. 9255 and Its Application

A. Background of R.A. 9255

Republic Act No. 9255 (an amendment to Article 176 of the Family Code) allows an illegitimate child to use the surname of the father, provided the father acknowledges the child in a public document or through a private instrument attested by two witnesses.
Even if legitimation is not immediately possible, R.A. 9255 provides a framework for the child to bear the father’s last name if paternity is duly established.

B. Requirements to Use Father’s Surname

Proof of Paternity/Acknowledgment: Usually by executing an Affidavit of Acknowledgment or Admission of Paternity (AAP) or Joint Affidavit of Legitimation if the parents marry later.
Affidavit to Use the Surname of the Father (AUSF): A standardized form issued by the PSA and local civil registrar.
Submission to the Local Civil Registry: The father or mother (on behalf of the minor child) must submit the notarized affidavit and supporting documents to the local civil registry where the child’s birth was registered.

C. Distinguishing AUSF from Legitimation

AUSF (Affidavit to Use the Surname of the Father): Focuses on the child’s surname for legal and personal records but does not automatically make the child “legitimate.”
Legitimation: Transforms an otherwise illegitimate status to legitimate once the parents marry, assuming no legal impediment existed at conception.

IV. Legitimation Procedure and Costs

A. General Steps in the Legitimation Process

Subsequent Marriage: Parents should contract a valid marriage after the child’s birth if they were free to marry at conception.
Execution of Joint Affidavit of Legitimation: Once married, both parents typically execute a Joint Affidavit of Legitimation stating the facts of the child’s birth, the absence of legal impediments, and proof of their valid marriage.
Filing at the Local Civil Registry:
- Submit the Joint Affidavit of Legitimation, authenticated marriage certificate, authenticated birth certificate of the child, valid IDs of the parents, and other relevant documents.
- Pay the required legitimation fee, processing fees, and administrative costs.
Approval and Annotation: The local civil registrar will evaluate the documents. If approved, the child’s birth certificate is annotated with a “legitimated” status, and the father’s surname is indicated if it is not already there.

B. Legitimation Costs in a Different Local Civil Registry Office

Why File in a Different Local Civil Registry?
- Sometimes, the parents live in a different city or municipality from where the child was registered. Or the records are more easily accessible in another locality.
- The rules generally require filing where the birth certificate is kept. However, you may file in a different local civil registry office by requesting out-of-town registration or annotation—the new local civil registry will coordinate with the original one.
Coordination (“Out-of-Town” Process)
- The receiving civil registry (in the new location) forwards the application and documents to the civil registry of the child’s place of birth for annotation.
- Once annotated, the updated birth record (noting legitimation) is sent back to the receiving civil registry.
Added Costs
- Service/Processing Fee: A minimal fee may be collected for “out-of-town” applications.
- Courier or Mailing Costs: If records need to be shipped between offices, expect additional costs.
- Notarial Fees: Affidavits must be notarized, with fees depending on the notary public.
- Miscellaneous Expenses: Travel, photocopying, and administrative costs may vary.
Comparison with Filing at the Original Local Civil Registry
- Filing directly where the birth certificate is recorded can be simpler and possibly cheaper since you avoid inter-office courier fees.
- However, if traveling is inconvenient, filing in another local registry may be more practical, even if slightly costlier.

C. Typical Fee Range (Estimates Only)

Notarization of Documents: Around ₱200 to ₱1,500, depending on the complexity and location.
Local Civil Registry Fees: Anywhere from a few hundred pesos to around ₱1,000.
PSA Copy Requests: Certified copies of the updated birth certificate from the PSA are typically ₱155 (walk-in request) or more if delivered by a courier.
Out-of-Town Fees: Can add a few hundred pesos for mailing and processing.

Fees and costs vary by city or municipality; consult the specific local civil registry for exact amounts.

V. Important Considerations

Timelines: Processing may take several weeks to months if documents have to be transferred between different civil registries.
Accuracy of Documents: All details in the affidavits and birth/marriage certificates must match (full names, dates, places). Discrepancies will delay processing.
Legal Impediments: If there was any legal impediment at the time of the child’s conception, legitimation might be disallowed. The local civil registrar can provide specific guidance if questions arise.
Proof of Non-Marriage to Others: Where doubt arises, the local civil registrar may ask for a CENOMAR (Certificate of No Marriage) or additional proof that neither parent was married to a third person at the time of the child’s conception.
Minor Child’s Consent: While not always mandated, if the child is already of age (18 or older), the child’s consent is necessary for certain name-change procedures under general civil registry rules. Typically, legitimation processes occur while the child is still a minor.
Consult an Attorney: In more complex situations—such as prior marriages, contested paternity, or issues with dual nationality—it is prudent to seek advice from a legal professional.

VI. Conclusion

Legitimation and using the father’s surname through R.A. 9255 are critical processes that secure a child’s legal status and rights in the Philippines. While filing in the local civil registry where the child’s birth was registered is the usual route, many opt to proceed in a different local civil registry for convenience or because they have since moved. This often involves extra steps and fees—such as out-of-town processing costs, courier fees, and notarization expenses—but ultimately provides the same legal effect: the child gains legitimacy (if validly entitled) and may lawfully carry the father’s surname.

If you are navigating legitimation or surname procedures, it is best to:

Gather All Required Documents Early
Check with Local Civil Registry for Exact Fees
Ensure Accurate and Consistent Documentation
Consult a Lawyer for Complex Situations

By following the correct processes and meeting documentary requirements, parents can facilitate the child’s right to legitimacy and all accompanying benefits under Philippine law.