Add Father’s Name to Child’s Birth Certificate Philippines

Adding Father’s Name to a Child’s Birth Certificate in the Philippines

In the Philippines, the inclusion of a father’s name on a child’s birth certificate is an important legal issue that touches upon both the child’s rights and the responsibilities of the parents. This topic pertains to the process by which a father’s name is added to a child’s birth certificate, as well as the legalities involved in such a process.

I. Legal Framework

The issue of adding the father’s name to a child's birth certificate falls under Philippine laws, including:

1. The Civil Code of the Philippines (Republic Act No. 386, as amended)

   • This law outlines the basic principles regarding parental authority, the rights of children, and family relations in the country.

2. Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father)

   • This law allows an illegitimate child (born to parents who are not married) to use the father’s surname, under certain circumstances.

3. The Family Code of the Philippines (Executive Order No. 209, s. 1987)

   • This code governs the legal relations of family members, including issues of filiation (the legal relationship between a child and their parents).

4. Republic Act No. 10354 (The Responsible Parenthood and Reproductive Health Act)

   • Although primarily concerned with reproductive health, this law also emphasizes the rights of children in relation to their parents' responsibilities.

5. Philippine Statistics Authority (PSA) Guidelines

   • The PSA is the government body responsible for maintaining civil registries, including birth certificates. It provides the official guidelines for the correction, updating, or inclusion of names on birth certificates.

II. Situations Involving Adding a Father’s Name

There are two common scenarios in which a father's name may be added to a child’s birth certificate:

1. Legitimate Children:

   • In the case of a legitimate child (born to married parents), the father’s name is typically included on the birth certificate at the time of birth. If the father’s name is omitted due to an error or oversight, it can be corrected by filing a petition for correction of clerical error under the provisions of the Civil Registry Law.

2. Illegitimate Children:

   • An illegitimate child (born to unmarried parents) may not automatically have the father’s name included on their birth certificate. Under Republic Act No. 9255, the father may voluntarily acknowledge paternity by executing an Affidavit of Acknowledgment or by signing the child’s birth certificate.
   • If the father did not initially acknowledge the child, but later wishes to add his name, the father can execute an affidavit of acknowledgment, and the birth certificate will be updated to reflect this. This affidavit may be executed either at the time of the child’s birth or at a later stage.

III. Process of Adding the Father’s Name to the Birth Certificate

If the father’s name was not included in the birth certificate, the following steps are typically involved to add it:

1. If the Child is Illegitimate:

   • Step 1: The father must execute an Affidavit of Acknowledgment in favor of the child.
   • Step 2: The affidavit should be submitted to the Philippine Statistics Authority (PSA) or the Local Civil Registrar (LCR) where the child’s birth was registered.
   • Step 3: The PSA or LCR will verify the authenticity of the affidavit and update the birth certificate accordingly.

2. If There is a Clerical Error (for Legitimate Children):

   • If the father’s name was erroneously omitted due to a typographical or clerical error, a petition for correction of clerical error must be filed. The petition is typically filed before the Local Civil Registrar or Regional Trial Court (RTC) if the error pertains to material facts and not just clerical ones. The process involves proving the error and submitting supporting documents, such as:

     • The original birth certificate.
     • Proof of the father’s acknowledgment of the child.
     • Relevant affidavits or statements confirming the error.

IV. Paternity Acknowledgment Process

In cases where paternity is not acknowledged at birth, and the father later agrees to acknowledge the child, the Affidavit of Acknowledgment serves as the legal tool. The process is as follows:

1. Execution of the Affidavit:

   • The father must personally sign an affidavit acknowledging the child. This affidavit must state that the father recognizes the child as his own and agrees to have his name added to the birth certificate.

2. Public Documents:

   • The affidavit is executed before a notary public, and it may need to be submitted along with other documents, such as:

     • The mother’s consent (in some cases).
     • A valid government ID of the father.
     • Any supporting documents verifying the father-child relationship.

3. Legal Implications of Acknowledgment:

   • Once acknowledged, the father’s name will appear on the child’s birth certificate. This recognition establishes the child’s legal rights to the father’s surname and inheritance, among other familial rights.

V. Issues and Challenges

1. Non-Acknowledgment by the Father:

   • A major issue in cases involving illegitimate children is the refusal or failure of the father to acknowledge paternity. In such cases, a mother may file a paternity suit before the court, which requires the father to undergo DNA testing to establish biological paternity. If the court determines that the man is indeed the biological father, a ruling will be issued, allowing the father’s name to be added to the birth certificate.

2. Disputes Over Paternity:

   • In instances where paternity is contested, the matter may have to be resolved in court. This could include DNA testing, witness testimony, and other legal procedures to prove or disprove paternity.

3. Voluntary vs. Court-Ordered Acknowledgment:

   • An acknowledgment made voluntarily by the father may be simpler, but if the father refuses to acknowledge paternity, the mother must seek legal action through the courts to compel him to do so.

VI. Effects of Acknowledgment

When a father’s name is added to a child’s birth certificate, several legal consequences follow:

1. Legitimacy of the Father-Child Relationship:

   • Acknowledgment establishes a legal bond between the father and the child, providing the child with the rights of inheritance, financial support, and other paternal obligations.

2. Legal Rights to Use the Father’s Surname:

   • Acknowledging paternity grants the child the right to use the father’s surname, which can be an important part of their identity.

3. Right to Inheritance:

   • The child’s rights to inherit from the father become clear once paternity is established, especially in the case of an illegitimate child. The rights to inheritance depend on the legal acknowledgment of the father.

VII. Conclusion

Adding the father’s name to a child’s birth certificate in the Philippines is a process that requires legal documentation and, in some cases, court involvement. It reflects the father's acknowledgment of his responsibilities toward the child. Both the Civil Code and Republic Act No. 9255 play a crucial role in ensuring that children, particularly those born out of wedlock, can claim their rights to parental recognition and support. Whether through voluntary acknowledgment or legal action, the process is central to the child’s rights and family relationships.