Letter to a Lawyer

Dear Attorney,

I hope this message finds you well. I am seeking your guidance on a matter concerning the amendment of a birth certificate. Specifically, the birth certificate currently does not reflect the biological father’s name, and I need to know the legal process, requirements, and implications of adding this information.

Could you please explain the necessary steps, including whether DNA testing or an affidavit would be required? I am also concerned about how this change could affect the rights and obligations of the parties involved. Lastly, I’d appreciate advice on potential challenges or delays that may arise during the process.

Thank you for your expertise and time. I look forward to your detailed response.

Sincerely,
A Concerned Individual

LEGAL ARTICLE: HOW TO PUT THE NAME OF THE FATHER ON A BIRTH CERTIFICATE IN THE PHILIPPINES

I. Overview

In the Philippines, the birth certificate serves as the official record of a person’s birth and contains vital information, including the names of the parents. When a child is born to unmarried parents, the father’s name is typically not included unless specific legal steps are taken to acknowledge paternity. Adding the father’s name to the birth certificate is a delicate legal process governed by the Family Code of the Philippines, the Civil Code, and the rules of the Philippine Statistics Authority (PSA). This article provides a detailed guide to the legal procedures, requirements, and potential challenges involved.

II. Legal Framework

Family Code of the Philippines (Executive Order No. 209)
- Article 176: If the child is illegitimate, the child may use the surname of the mother. The child’s father may only be acknowledged if certain conditions are met, and the father's name will only be reflected if proper acknowledgment is made.
- Article 173: Affiliation is established by voluntary acknowledgment or a final judgment of the court.
Civil Register Law (Act No. 3753)
- Governs the recording of vital events, including births, in the civil registry.
Philippine Statistics Authority (PSA)
- The PSA oversees the civil registration process and issues guidelines for amending records.
RA No. 9255 (2004)
- Amended the Family Code to allow illegitimate children to use their father’s surname if paternity is expressly acknowledged.

III. Scenarios Requiring the Addition of the Father’s Name

Unmarried Parents
- The father’s name is omitted at birth unless an affidavit of acknowledgment is executed.
Subsequent Acknowledgment of Paternity
- If the father acknowledges paternity after the child’s birth registration, this acknowledgment must be submitted for record correction.
Court Order
- In cases where the paternity is disputed or the mother or father refuses to cooperate, a court order may be necessary.

IV. Procedures to Add the Father’s Name

Voluntary Acknowledgment of Paternity
- Affidavit of Acknowledgment: This is the simplest method. The father must execute a notarized affidavit of acknowledgment of paternity. The mother’s consent is required for children born out of wedlock.
- Submit the affidavit to the Local Civil Registry Office (LCRO).
Correction of Entry
- Petition for Administrative Correction (RA 9048 and RA 10172): If there is an error in the birth certificate or if the father’s name was omitted, file a petition for administrative correction with the LCRO.
- Supporting Documents: Affidavit of Acknowledgment, valid IDs of the parents, and, if necessary, proof of relationship such as photos or records.
DNA Testing (if contested)
- If paternity is in question, DNA testing may be conducted. The results can serve as evidence in court or during the administrative process.
Court Order
- Judicial Affiliation: File a petition for judicial determination of paternity if one party refuses to cooperate. The court may order the inclusion of the father’s name based on substantial evidence, such as DNA results, written communications, or testimonies.

V. Requirements

Affidavit of Acknowledgment of Paternity
- Signed by the father and notarized.
Birth Certificate (Original or PSA-issued copy)
Valid IDs of both parents
Marriage Certificate (if married)
Other Evidence of Paternity (if required):
- DNA test results
- Written correspondence
- Witness testimonies

VI. Steps for Filing

Gather Required Documents: Collect all necessary affidavits, IDs, and supporting evidence.
Visit the Local Civil Registrar: File the petition or affidavit with the LCRO where the birth certificate is registered.
Pay Fees: Fees vary by locality. For petitions filed under RA 9048, expect administrative fees.
Wait for Processing: Administrative corrections take weeks to months, depending on the complexity of the case.

VII. Costs

The cost of adding the father’s name depends on the process chosen:

Administrative Correction: Around PHP 1,000–PHP 2,000 (excluding notarization fees).
Judicial Affiliation: Court proceedings can range from PHP 20,000 to PHP 100,000, depending on the complexity.

VIII. Common Challenges

Lack of Cooperation
- If one parent is uncooperative, judicial intervention is required, prolonging the process.
Errors in Documentation
- Incorrect or incomplete documents can result in delays or rejections.
Cost and Accessibility
- DNA testing and court fees can be prohibitive for some families.

IX. Legal Implications

For the Father
- Rights: The father gains visitation rights, but custody remains with the mother for illegitimate children unless otherwise granted by the court.
- Obligations: Acknowledgment of paternity establishes the father’s duty to provide child support.
For the Child
- Legitimacy Status: The child remains illegitimate unless the parents subsequently marry (legitimation by marriage).
- Inheritance: The child becomes an heir to the father’s estate.
For the Mother
- Consent Required: The mother’s consent is generally needed for acknowledgment.

X. Conclusion

Adding the father’s name to a birth certificate is a significant legal step that carries both administrative and judicial requirements. It is crucial to understand the procedures, prepare the necessary documents, and comply with the rules set forth by Philippine law.

For individuals facing complexities, such as uncooperative parties or questions of paternity, seeking legal advice is highly recommended to navigate the process efficiently and safeguard the child’s rights.