Dear Attorney,
I would like to inquire about my child’s birth certificate. My child was born out of wedlock but has the father's surname due to an acknowledgment of paternity. We have since gotten married, and we wish to update the birth certificate to reflect our marriage status. Is it possible to amend the birth certificate to show that we are now married? What is the process and requirements for doing so?
Thank you.
Insights
When a child is born out of wedlock but is acknowledged by the father, the child's birth certificate can reflect the father's surname. This is governed by Republic Act No. 9255, which allows children born outside of marriage to use their father’s surname if there is a notarized acknowledgment of paternity or if the father signs the birth certificate.
Upon marriage, parents might want to update the child's birth certificate to reflect their current marital status. However, under Philippine law, while it is possible to request amendments or corrections to a birth certificate through the Philippine Statistics Authority (PSA) or the local civil registry, changes related to the marital status of the parents at the time of the child's birth are generally not permitted. This is because the birth certificate reflects the circumstances at the time of birth.
The key law regulating civil registry documents in the Philippines is the Civil Code of the Philippines and its amendments under the Family Code. Although parents may marry after the child’s birth, the birth certificate remains a historical document reflecting the child's status at birth. Thus, it is not subject to amendment to reflect the subsequent marriage of the parents. However, the marriage of the parents can confer legitimate status on the child through a process called "legitimation."
Legitimation Process
Legitimation under the Family Code of the Philippines occurs when a child born to parents who were not married at the time of the child's birth becomes legitimate due to the subsequent marriage of the parents. To avail of this, the marriage must be valid, and both parents must have no legal impediments to marry at the time of the child’s birth.
Parents seeking legitimation must file a petition with the local civil registrar, attaching their marriage certificate and the child’s birth certificate, along with an affidavit of legitimation. Once the process is completed, the child’s status changes from illegitimate to legitimate, and the civil registrar annotates this change on the birth certificate.
While legitimation alters the child’s civil status, it does not change the original entries on the birth certificate regarding the marital status of the parents at the time of the child's birth. Therefore, the birth certificate will continue to reflect that the parents were not married at the time of the child’s birth, but with an annotation of legitimation.
Conclusion
Updating a birth certificate to reflect a marriage after a child's birth is not possible under Philippine law. However, parents can legitimize their child through the proper legal process, which provides the child with the full rights of a legitimate child, including inheritance rights. Consult with a local civil registrar for further guidance on the legitimation process and required documents.