Securing an Affidavit of Delayed Acknowledgment of Paternity in the Philippines

Topic: Navigating the Acknowledgment of Paternity Process
The process of obtaining an affidavit of delayed acknowledgment of paternity is crucial for legalizing the paternal relationship between a father and his child, especially when the acknowledgment did not occur at the child's birth. This document serves as a formal declaration of paternity and is essential for various legal and civil purposes, including the child's legitimate status, rights to inheritance, and the establishment of parental rights and responsibilities.

Applicable Laws:

• The Family Code of the Philippines (Executive Order No. 209) provides the primary legal framework for the acknowledgment of paternity and filiation of children.
• Republic Act No. 9255 allows the illegitimate child to use the surname of their father if paternity is recognized.
• Civil Registrar General’s Administrative Order No. 1, Series of 2004, implements RA 9255, detailing the process for the acknowledgment of an illegitimate child by the father.

Steps for Delayed Acknowledgment of Paternity

Drafting the Affidavit

• The affidavit of acknowledgment/acknowledgment of paternity must be crafted clearly, stating the father’s intention to acknowledge the child. It should include details of the child's birth, the mother's identity, and unequivocal statements of paternity.

Notarization

• Once drafted, the affidavit needs to be notarized to confer legal recognition. This involves signing the document before a notary public, who verifies the identity of the signatory.

Registration with the Local Civil Registry

• The notarized affidavit, along with the child’s birth certificate and valid IDs of the parents, should be submitted to the local civil registry office where the birth was recorded. If the child was born abroad, the submission should be to the Philippine Consulate or Embassy.

Issuance of a New Birth Certificate

• Upon acceptance, the local civil registry office or the Philippine Statistics Authority (PSA) will issue a new birth certificate for the child, reflecting the acknowledgment and allowing the use of the father’s surname, subject to the provisions of RA 9255.

Documentation and Requirements

• Notarized Affidavit of Acknowledgment/Acknowledgment of Paternity
• Child’s Original Birth Certificate and a photocopy
• Valid IDs of both the father and the mother
• Marriage Certificate of the parents, if applicable, to establish legitimacy

Legal Considerations

Rights and Obligations

• Acknowledgment of paternity carries legal rights and obligations, including but not limited to, child support, inheritance rights, and social recognition.

Disputes and Denials

• In cases where paternity acknowledgment is disputed, legal actions may be initiated for the court to determine paternity, often requiring DNA evidence.

Frequently Asked Questions

1. Can acknowledgment be done without the mother's consent?

   • The mother's consent is typically required for minors. For adults, acknowledgment may proceed but usually involves more complex legal considerations.

2. What if the father is deceased?

   • The acknowledgment can still be processed through the court, especially if there are documents signed by the father before death that acknowledge the child.

3. Is there a deadline for filing the acknowledgment?

   • No specific deadline exists for acknowledgment; however, earlier acknowledgment is advantageous for legal and practical reasons.

4. Can the affidavit affect the child’s legitimacy status?

   • The affidavit itself does not alter legitimacy status but establishes paternity for illegitimate children, granting certain rights under Philippine law.

5. Are there fees involved in the acknowledgment process?

   • Yes, there are nominal fees for notarization and the issuance of the new birth certificate, which vary by locality.

The process of obtaining an affidavit of delayed acknowledgment of paternity is a significant legal step that requires careful attention to detail and adherence to Philippine laws and regulations. By following the established procedures and understanding the legal implications, fathers can ensure their children’s rights and their own parental responsibilities are duly recognized.