Question of The Day: Is it possible for a 21-year-old individual in the Philippines to use their father's surname in a delayed birth registration, especially if the parents are not married?

Introduction: Understanding the legalities surrounding delayed birth registration and the use of a father's surname for individuals born to unmarried parents is crucial in the Philippines.

Legal Overview: In the Philippines, the use of the father's surname by a child whose parents are not married is governed by the Family Code and the Child and Youth Welfare Code. The process and legality of using the father's surname in delayed birth registration involve specific conditions.

Key Considerations:

Acknowledgment by the Father: For a child born out of wedlock to use the father's surname, the father must formally acknowledge the child. This can be done through the child's birth certificate, a public document, or a private handwritten instrument.
Delayed Registration Process: In delayed birth registration, the same rules apply. The father's acknowledgment is necessary for the child to use his surname.
Affidavit to Use the Surname of the Father (AUSF): If the birth was not acknowledged by the father at birth, an AUSF may be filed. This is a legal instrument allowing the child to use the father's surname, subject to certain conditions.
Age of the Child: Since your sibling is 21 years old, they are considered an adult. Thus, they can make the decision and sign the necessary documents to use their father's surname.

Practical Advice:

Document Collection: Gather all necessary documents, such as your parents' identification and any evidence of the father’s acknowledgment.
Consult Legal Advice: Consider seeking advice from a lawyer to understand the process and prepare the necessary legal documents, including the AUSF if applicable.
Visit the Civil Registry Office: Go to the local civil registry office where your sibling was born to inquire about the specific procedures for delayed registration and using the father’s surname.
Prepare for Potential Obstacles: Be ready to address any challenges or requirements that the civil registry office may present.

Law Firm Assistance: A law firm with experience in family law, like Respicio & Co., can provide invaluable assistance in navigating the delayed birth registration process and the legalities of using the father’s surname.

Conclusion: In the Philippines, a 21-year-old individual born to unmarried parents can use their father's surname in a delayed birth registration, provided the father has formally acknowledged the child. The process involves gathering the necessary documentation, possibly filing an AUSF, and coordinating with the civil registry office. Legal consultation is recommended to ensure the process is handled accurately and effectively.