Child’s Surname Law Philippines

Dear Attorney,

I would like to ask about the registration of my child’s birth certificate in the Philippines. The father is a foreign citizen, and we are not married. I would like to know if I can use the father’s surname for my child’s birth certificate. What are the requirements for this process? Is the father’s signature necessary?

Sincerely,
Concerned Mother

Insights

Under Philippine law, the issue of whether a child born out of wedlock can carry the surname of the father touches upon the Family Code of the Philippines and relevant administrative orders. Specifically, if the parents are not married, the child is considered illegitimate under Philippine law unless there is a subsequent legal recognition or legitimation.

Using the Father’s Surname

Under the current guidelines, a child born out of wedlock typically uses the mother's surname unless the father explicitly recognizes the child. This recognition is necessary for the child to use the father’s surname. Recognition can be made either at the time of registration of the birth or later through a formal acknowledgment.

Requirements for Using the Father’s Surname

For an illegitimate child to bear the surname of the father, the following general requirements must be met:

1. Affidavit of Acknowledgment or Admission of Paternity: The father must sign an affidavit acknowledging paternity of the child. This is crucial for including his surname on the birth certificate.
2. Signature of the Father: Yes, the father’s signature is required either directly on the birth certificate or in a related affidavit.
3. Other Required Documents: Depending on local civil registrar policies, you may need additional documents such as valid IDs of both parents and proof of the father’s citizenship if foreign.

In case the father is unavailable or unwilling to sign the acknowledgment, the child will bear the surname of the mother by default. Legal options like petitioning for recognition or DNA testing could be pursued to address paternity issues, but these are more complex legal processes.

Registration of the Child’s Birth Certificate

To register the birth of a child born in the Philippines with a foreign father, the process typically follows the same steps as for any child. However, if the father is not Filipino, the parents must present additional documents (such as proof of nationality of the foreign parent). The civil registrar may also require proof of the child's legitimacy if the parents are married abroad or, alternatively, proof of recognition if the child is illegitimate.

In conclusion, the father’s consent and signature are essential for including his surname in the child’s birth certificate. Without these, the child will bear the mother’s surname as per the law. It is recommended to consult a family lawyer to ensure compliance with all necessary legal procedures and to resolve any complications involving the father’s acknowledgment.