Illegitimate Child Requirements Under RA 9255 (Philippine Context)

Overview

Under Philippine law, a child born outside a valid marriage is generally illegitimate. The default rule is that an illegitimate child uses the mother’s surname. Republic Act No. 9255 (RA 9255) changed this by allowing an illegitimate child to use the father’s surname, but only if the father has recognized (acknowledged) the child and the civil registry requirements are met. This usually results in an annotation on the child’s birth record and issuance of an annotated birth certificate by the Local Civil Registry and, later, by the Philippine Statistics Authority (PSA).

This article explains: (1) what RA 9255 actually does (and does not do), (2) the acceptable proof of recognition of paternity, (3) who may apply and what documents are typically required, and (4) the step-by-step civil registry process, including common pitfalls.

1) Legal Foundation: What RA 9255 Changed

The rule before RA 9255

Historically, the Family Code rule for illegitimate children was strict: the child used the mother’s surname, and the law also made clear that parental authority generally rested with the mother.

The rule after RA 9255

RA 9255 amended Article 176 of the Family Code so that an illegitimate child may use the surname of the father if the child’s filiation to the father is properly recognized in the manner allowed by law and the civil registry rules are followed.

Key point: RA 9255 is primarily about the child’s surname and how the civil registry reflects it.

2) What “Annotation” Means in Civil Registry Practice

An annotation is an official remark written/printed on the civil registry record (and later reflected on PSA-issued copies) stating that the child’s surname has been changed/recorded pursuant to RA 9255 based on the supporting documents submitted.

In practice:

The Local Civil Registrar (LCR) records the application and annotates the local civil registry copy; then
The record is transmitted/endorsed so the PSA can annotate its copy; and
Future PSA copies will show the annotation (wording varies by office/template).

3) RA 9255 Is Not Legitimation (What It Does Not Do)

Many misunderstandings come from assuming that using the father’s surname “makes the child legitimate.” It does not.

RA 9255 does not:

Change the child’s status from illegitimate to legitimate
Automatically create or transfer custody/parental authority to the father
Automatically grant the child a “middle name” like legitimate children
Fix paternity disputes (if paternity is contested, you typically need a judicial process to establish filiation)

Separate concepts you should distinguish

Legitimation happens only if the parents later marry and the child is eligible for legitimation under the Family Code (with no legal impediment at the time of conception, and other requirements). This is a different civil registry process and annotation.
Adoption also changes status and naming rules, but it is likewise a separate legal process.

4) Who Can Use RA 9255

RA 9255 applies to an illegitimate child whose father has recognized the child, including:

A child being registered now (at birth registration or late registration), or
A child whose birth has already been registered under the mother’s surname and will now be updated by annotation

It is commonly used when:

The child was registered using the mother’s surname because the parents were not married and the father did not execute the proper acknowledgment at the time; or
The father later decides to recognize the child formally; or
The parents later agree that the child should carry the father’s surname (without legitimation).

5) The Core Requirement: Valid Recognition of Paternity

RA 9255 hinges on recognition of the child by the पिता (father). In Philippine family law, filiation (parent-child relationship) must be proven by specific evidence, and for administrative RA 9255 purposes, civil registrars usually require one of the standard acceptable proofs of recognition.

Commonly accepted bases for recognition

Acknowledgment on the Certificate of Live Birth (COLB)
- Typically done through the appropriate acknowledgment portion/signature as required by civil registry forms and rules.
A Public Instrument (Notarized document)
- Often called an Affidavit of Acknowledgment/Admission of Paternity or similar.
- This is a sworn, notarized statement where the father admits he is the child’s father.
A Private Handwritten Instrument (PHI) signed by the father
- A document handwritten by the father himself that clearly admits paternity and is signed by him.
- Examples (if truly handwritten by the father): a letter or statement expressly acknowledging the child as his.
A Court Order/Judgment establishing filiation
- If paternity was established in court, that ruling can serve as the basis.

Practical caution about PHIs

Civil registry offices often scrutinize PHIs. Common issues that lead to rejection:

Not actually handwritten by the father (typed, printed, or filled-in template)
Does not clearly and expressly admit paternity
Signature/authenticity problems
Only a photocopy with no credible way to authenticate the original (requirements vary, but originals are often demanded)

6) The “AUSF” Requirement: The Affidavit/Application to Use the Father’s Surname

Recognition alone is not always treated as enough to automatically change the surname in the civil registry record. The process usually requires an Affidavit/Application to Use the Surname of the Father (commonly referred to as AUSF) to formally request that the child’s surname be recorded as the father’s.

Who signs the AUSF/application

Common civil registry practice:

If the child is a minor: the mother typically executes the AUSF/application (as the parent exercising parental authority over an illegitimate child).
If the child is 18 or older: the child usually executes the AUSF/application personally.
If the mother is unavailable (e.g., deceased) or the child is under guardianship, a legal guardian may be required to prove authority to act for the child (requirements can vary by local registrar).

Important: Where the parents disagree, administrative processing can stall—especially for minors—because the civil registry process generally expects the proper requesting party to sign. Disputes often shift the matter into court if cooperation is not possible.

7) The Name Format After RA 9255 (Middle Name Issues)

A frequent surprise: an illegitimate child who uses the father’s surname under RA 9255 generally still has no “middle name” in the way legitimate children do.

Why?

In Philippine naming conventions as recorded in civil registry practice:

A legitimate child typically carries: Given name + mother’s maiden surname (as middle name) + father’s surname
An illegitimate child typically carries: Given name + (blank middle name) + mother’s surname
Under RA 9255, the illegitimate child may carry: Given name + (blank middle name) + father’s surname

So, after RA 9255:

The child’s surname changes to the father’s, but
The child’s middle name usually remains blank because the child is still illegitimate.

If the family’s goal is to have a “standard” middle name format, that usually requires a different legal basis (e.g., legitimation where legally possible, or adoption in appropriate cases), not RA 9255 alone.

8) Typical Documentary Requirements (Administrative)

Exact checklists vary slightly by Local Civil Registrar, but a common set includes:

A. Core documents

Accomplished AUSF/application form (or affidavit to use father’s surname)
Proof of recognition of paternity, such as:
- Notarized Affidavit of Acknowledgment/Admission of Paternity, or
- Private Handwritten Instrument (original), or
- Properly executed acknowledgment in the birth record, or
- Court order/judgment
Certified copy of the child’s birth record (LCR copy and/or PSA copy, depending on the office’s requirement)

B. Identity and authority documents

Valid IDs of the signing parent/child (and father, where relevant)
If the applicant is not the mother/child (e.g., guardian/representative): proof of authority (guardianship papers, special power of attorney, etc., as required)

C. If documents are executed abroad

If the father is overseas, documents are typically required to be:

Executed before a Philippine Embassy/Consulate (easiest for acceptance), or
Executed before a foreign notary and properly authenticated according to current rules (often involving apostille/consular formalities depending on where executed and what the LCR/PSA requires)

9) Step-by-Step: How Annotation Is Commonly Done (Already Registered Birth)

This is the typical scenario: the child’s birth was registered under the mother’s surname, and the family wants to apply RA 9255 now.

Prepare the father’s recognition document
- Notarized acknowledgment affidavit or original PHI or court proof of filiation.
Accomplish the AUSF/application
- Minor: typically signed by the mother
- 18+: typically signed by the child
File with the Local Civil Registrar (LCR)
- Usually the LCR where the birth was registered (not necessarily where the child currently lives), unless an endorsed/forwarded filing is allowed by that office’s procedures.
Pay filing/annotation fees
- Fees differ per LGU, plus costs for certified copies.
LCR evaluation
- The civil registrar reviews completeness, authenticity, consistency of names/dates, and compliance with the implementing rules.
Annotation in the local civil registry record
- Once approved, the local record is annotated to reflect the use of the father’s surname under RA 9255.
Endorsement/transmittal for PSA annotation
- The LCR transmits the annotated record for PSA processing so PSA-issued copies will also show the annotation.
Request an annotated PSA birth certificate
- Processing time varies; the practical result is a PSA copy showing the annotation and the updated surname fields.

10) If the Child Is Being Registered Now (Birth Registration or Late Registration)

A. Timely registration (soon after birth)

If the father is ready to acknowledge at registration:

The father executes the required acknowledgment portion/document; and
The AUSF/application is executed as required; then
The child’s surname can be recorded as the father’s at the outset (subject to the registrar’s rules and completeness of documents).

B. Late registration

Late registration has its own documentary requirements (proof of birth, identity, supporting records), and RA 9255 documents are layered on top of that if the child will use the father’s surname. Expect stricter evaluation for completeness and consistency.

11) Special Situations

A. Father is unwilling or unavailable to cooperate

If there is no valid acknowledgment (public instrument/PHI/court order), RA 9255 cannot be used administratively.
If the father refuses to acknowledge but the mother/child believes paternity is true, the usual remedy is a judicial action to establish filiation (which may involve evidence and, in some cases, DNA testing). After a court establishes filiation, the court ruling can support civil registry correction/annotation.

B. Father is deceased

If the father left a valid public instrument acknowledging the child, or a valid PHI, those may be used.
If there is no valid acknowledgment, establishing filiation may require court proceedings.

C. Father is married to someone else

The child can still be illegitimate and still be acknowledged by the biological father.
Using the father’s surname under RA 9255 does not change the child’s illegitimate status.

D. Errors in spelling or identity details

RA 9255 is not a general “change name” law. If there are clerical errors (misspellings, wrong dates, etc.), these are typically handled under other correction procedures (administrative or judicial depending on the error). Trying to “fix everything” through RA 9255 often leads to rejection.

12) Effects on Rights and Responsibilities (Beyond the Name)

A. Support and inheritance

The child’s right to support and successional rights generally flows from filiation (the recognized parent-child relationship), not merely from the surname used. However, the same act/document that supports RA 9255 (acknowledgment of paternity) is often significant in establishing filiation.

B. Custody / parental authority

As a general rule in Philippine family law, the mother exercises parental authority over an illegitimate child. RA 9255 does not automatically transfer custody or parental authority to the father.

C. Public records and practical consequences

Once the PSA record is annotated:

The child’s school and government records may need updating to align with the annotated PSA birth certificate.
Some agencies may ask for the annotated PSA copy to explain why the surname differs from earlier records.

13) Common Pitfalls That Delay or Derail Applications

Assuming the father’s name on the birth certificate is enough even without a proper acknowledgment document/portion executed as required
Submitting a typed “handwritten” instrument or a template filled out but not truly handwritten by the father
Wanting a middle name after using the father’s surname under RA 9255
Inconsistencies in the father’s name (spelling, suffix, multiple surnames), child’s name, or dates across documents
Improper notarization or execution (especially for documents signed abroad)
Disagreement between the mother and father for a minor child, or lack of the correct signatory on the AUSF/application
Attempting to use RA 9255 to correct unrelated civil registry entries

14) When Court Action Becomes Necessary

Administrative RA 9255 processing is meant for voluntary recognition scenarios with proper documentation. Court involvement is commonly needed when:

Paternity is contested or the father refuses to acknowledge
The authenticity of the alleged PHI is disputed
There is alleged fraud or mistake requiring cancellation of an annotation
The desired result goes beyond RA 9255 (e.g., legitimacy status, custody issues, broader civil registry corrections)

15) Practical Checklist (Condensed)

Before filing, confirm you have:

A valid basis for paternity recognition (notarized acknowledgment / true PHI / court proof)
Proper AUSF/application signed by the correct person (mother for minors, child if 18+)
Correct, consistent names across IDs and documents
Proper execution/authentication if signed abroad
Certified copy of the birth record and required IDs

Conclusion

RA 9255 provides an administrative path for an illegitimate child to use the father’s surname, but it strictly depends on valid recognition of paternity and compliance with civil registry procedures—typically through an AUSF/application plus an acceptable acknowledgment document. The result is a civil registry annotation and an annotated PSA birth certificate reflecting the updated surname. RA 9255 is a naming mechanism, not a tool for legitimation, custody changes, or generalized correction of civil registry entries.