Dear Attorney,

I would like to seek legal advice regarding my birth certificate. Currently, my registered birth certificate consists of two pages. On the first page, my surname is my mother's. The second page contains an acknowledgment of paternity by my father. However, I was informed that it is possible to have a one-page birth certificate and that my surname should be my father's surname because of the acknowledgment. I am confused as to how this process works. I thought that acknowledgment of paternity should already be enough to use my father's surname. When I tried to get my UMID at the SSS, they told me that my birth certificate should be a one-pager. Could you kindly clarify what I should do in this situation?

Thank you in advance for your guidance.

Concerned Individual

Insights

In the Philippines, the legal process of changing the surname on a birth certificate following an acknowledgment of paternity is governed by several provisions, particularly under the Family Code and the Civil Registry Law. Acknowledgment of paternity is a formal declaration by a father that he recognizes a child as his own, which provides the child certain rights, including the use of the father's surname, subject to specific legal conditions and processes.

1. Acknowledgment of Paternity under Philippine Law

Acknowledgment of paternity is the process where an illegitimate child is recognized by the biological father. According to Article 176 of the Family Code of the Philippines, an illegitimate child shall primarily use the surname of the mother. However, if the father expressly recognizes or acknowledges the child, the child may use the father's surname. This acknowledgment may be made through various means, including:

Signing the birth certificate as the father.
Executing an affidavit of acknowledgment.
A judicial order recognizing the relationship.

This acknowledgment is significant because it establishes the legal relationship between father and child, which confers certain rights and responsibilities.

2. Requirements for Changing the Surname on a Birth Certificate

For a child to use the father’s surname after an acknowledgment of paternity, certain procedural steps must be followed:

Affidavit of Acknowledgment/Admission of Paternity: If not done at birth, the father must execute an Affidavit of Acknowledgment or Admission of Paternity. This document is then submitted to the Local Civil Registry (LCR), which facilitates the change in surname.
RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of the Father): Under Republic Act No. 9255, the illegitimate child can use the surname of the father if the father acknowledges the child in writing. This law streamlined the process of changing the surname, as long as the father consents and the proper documents are in place.
Petition for Correction of Entries: If the birth certificate initially carries the mother’s surname, and the acknowledgment by the father happens later, the surname change needs to be reflected through a petition for correction of entries under Republic Act No. 9048. This law allows administrative correction of clerical or typographical errors, including the change of the surname following acknowledgment, without the need for a judicial order.

3. Concerns Regarding the Format of the Birth Certificate

In your situation, the Social Security System (SSS) requirement of a one-page birth certificate may refer to formatting standards typically observed in civil registry documents. However, it is important to clarify that even if a birth certificate contains multiple pages (due to the acknowledgment of paternity being a subsequent entry), it should still be accepted for legal purposes if properly filed and authenticated.

If the SSS or any other government agency refuses the birth certificate on this basis, it may be necessary to seek clarification from the Local Civil Registry or the Philippine Statistics Authority (PSA) to ensure that the document complies with their standards. They may offer guidance on consolidating the information into a single-page document, if possible.

4. Judicial vs. Administrative Processes

Administrative Process under RA 9048: If the acknowledgment was not reflected during the initial registration, the correction can be done administratively via the Local Civil Registrar. This process is quicker and less costly than filing a judicial petition. The LCR may consolidate the birth record into one page if it involves a simple correction like adding the father's surname.
Judicial Process: In some cases where disputes arise, or if the corrections are substantial, a judicial petition may be required. For instance, if there are discrepancies in the entries or the acknowledgment is contested, the family court may be involved.

5. Compliance with SSS and UMID Application Requirements

It is important to ensure that your documents comply with the specific requirements of the SSS for UMID issuance. While SSS may require a streamlined birth certificate (i.e., a one-page document), you should confirm with the PSA or your Local Civil Registry if your birth certificate can indeed be reformatted or whether the two-page format should suffice.

6. Remedying Issues with Birth Certificate and Surname

If your birth certificate is still causing issues with your UMID application despite the acknowledgment, here are possible steps:

Request for a Certified True Copy of Consolidated Birth Certificate: Approach the PSA or Local Civil Registrar to consolidate the details of your birth certificate into a single page, if administratively possible.
File an Affidavit of Explanation: If reformatting is not feasible, an Affidavit of Explanation can be executed to clarify the existence of the two-page birth certificate due to the acknowledgment process.
Seek Legal Assistance for Petition: If the birth certificate remains problematic and the PSA does not resolve the issue administratively, you may need to seek legal assistance to file a petition in court for judicial correction of your birth records to comply with UMID or other document requirements.

Conclusion

Acknowledgment of paternity plays a crucial role in the rights of an illegitimate child, particularly with regard to the use of the father’s surname. However, ensuring that this acknowledgment is properly reflected in legal documents, such as birth certificates, can sometimes require further administrative or legal action. Whether through administrative correction via the Local Civil Registry or a judicial petition, the goal is to ensure that all documents are correctly aligned with the acknowledgment, and government agencies like the SSS accept them.