Can the Baby of an Unmarried Couple Use the Mother’s Last Name Even if the Father Acknowledges Paternity?

Dear Attorney,

I have a question regarding the last name of a child born to an unmarried couple. If the father acknowledges the child and signs the birth certificate, is it still possible to use the mother’s last name for the child, or is it mandatory to use the father’s last name once paternity is acknowledged?

Thank you for your assistance,
[Concerned Parent]

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Insights

In the Philippines, the rules surrounding the last name of a child born to unmarried parents are governed by the provisions of the Family Code and subsequent laws, particularly Republic Act No. 9255, which allows illegitimate children to use the surname of their father under certain conditions.

1. General Rule: In cases where the parents are not married, the child is typically considered illegitimate. Under Article 176 of the Family Code, illegitimate children generally bear the surname of their mother.

2. Father's Acknowledgment: When the father acknowledges the child, as in this case, through signing the birth certificate or a formal acknowledgment of paternity, it is not automatically required for the child to take the father's last name. The mother still retains the right to decide whether the child will use her surname or that of the father.

3. Republic Act No. 9255: This law permits an illegitimate child to use the father’s surname if there is an acknowledgment of paternity, either in a public document or in a private handwritten instrument. However, this is not mandatory. The law grants the parents the option to choose the last name that the child will use.

4. Mother’s Consent: In cases where the child is illegitimate, the use of the father's surname requires the mother's consent. If the mother does not agree, the child will use her surname regardless of the father's acknowledgment.

5. Birth Certificate Considerations: It is crucial to make the decision about the child’s surname carefully before the birth certificate is finalized. Once the birth certificate is registered, any changes to the child’s surname can be challenging and may require a court order.

In conclusion, even if the father acknowledges the child by signing the birth certificate, it is not mandatory for the child to bear the father’s surname. The mother has the right to decide if the child will use her last name instead. Both parties should carefully consider their choice, as changes to the child’s surname later on can be difficult to execute.