RA 9255 Affidavit Route and the Court Process (Everything You Need to Know)

One-liner: In the Philippines, an illegitimate child may legally start using the father’s surname if the father acknowledges paternity and the family completes the RA 9255 process with the Local Civil Registrar (LCR). If acknowledgment is absent or disputed, the change is sought through the courts.

1) Legal Bases & Big Picture

Family Code (Art. 176, as amended by Republic Act No. 9255): Allows an illegitimate child to use the father’s surname if the father acknowledges the child through the modes recognized by law.
RA 9255 Implementing Rules: Lay out the AUSF (Affidavit to Use the Surname of the Father) procedure before the LCR/PSA (Philippine Statistics Authority; formerly NSO).
RA 9048 / RA 10172: Administrative corrections for first name, day/month of birth, and sex in limited cases; not the route to switch to the father’s surname (use RA 9255 or court petition).
Rules of Court (Rule 103 & Rule 108): Judicial remedies when the administrative route is unavailable, denied, or factually complex (e.g., paternity is contested, father is deceased and never acknowledged, etc.).

Key threshold question: Is the child illegitimate and is the father legally acknowledging paternity? – Yes to both: AUSF under RA 9255 with the LCR. – No: Consider court action.

2) Who Can Use RA 9255 (AUSF) and When

Eligible:

A child registered under the mother’s surname (as an illegitimate child) whose biological father is willing and able to acknowledge paternity (or has already acknowledged it in lawful form).

Not eligible / edge cases:

Legitimate children (born to married parents) are governed by different rules.
A child born during a subsisting marriage with the presumption of legitimacy in favor of the husband: changing to the biological father’s surname requires impugning legitimacy—this is a court matter, not an AUSF case.
No paternal acknowledgment available (father refuses, is deceased without prior acknowledgment, or acknowledgment is legally insufficient): proceed to court.

3) What “Acknowledgment” of Paternity Means

RA 9255 requires proof that the father voluntarily acknowledges the child. Common evidentiary modes include:

Admission/Acknowledgment in the Birth Record (e.g., father signed the Certificate of Live Birth or appears as father with proper signatures/attestations).
Public Instrument (e.g., notarized “Affidavit of Admission of Paternity” or similar document) executed by the father.
Private Handwritten Instrument signed by the father unequivocally acknowledging the child.

Tip: If the acknowledgment is executed abroad, it typically must be apostilled or consularized and accompanied by a certified translation if not in English/Filipino.

4) The Administrative Route Under RA 9255: AUSF

4.1. Who Signs What (Consent Rules by Age)

Child 0–6 years old: Mother executes the AUSF (and submits father’s acknowledgment).
Child 7–17 years old: Mother executes AUSF and the child signs to manifest consent.
Child 18+ years old: The child executes the AUSF personally (with father’s acknowledgment document attached).

If the mother is deceased/absent: A legal guardian may act, with proof of guardianship.

4.2. Where to File

Local Civil Registrar (LCR) of the place where the birth was registered.
If far away, a migrant petition may be filed at the LCR of current residence; that LCR forwards the papers to the LCR of birth registration and to the PSA.

4.3. Core Documentary Requirements (Typical)

AUSF (LCR form) duly accomplished and notarized.
Acknowledgment of Paternity by the father (see Section 3).
Certified copy of the child’s PSA birth certificate (before annotation).
Valid IDs of the signatories (mother, child if applicable, father for the acknowledgment).
Supporting docs as needed (e.g., CENOMARs generally not required; guardianship papers if mother unavailable; apostilled/consularized papers if executed abroad).

4.4. Process, Outcome & Turnaround

The LCR examines completeness/legal sufficiency.
If approved, the LCR forwards to PSA for annotation of the birth record.
You will not get a “new” birth certificate; you will receive an annotated PSA copy indicating that the child shall henceforth use the father’s surname under RA 9255.
Processing times and fees vary by LCR. (Migrant petitions often cost more and take longer due to transmittals.)

4.5. After Approval: What Changes—and What Does Not

Surname: Changes from mother’s to father’s.
Middle Name: Traditionally, an illegitimate child does not carry a middle name even after using the father’s surname under RA 9255 (unless later legitimated or adopted, in which case naming rules shift).
Legitimacy: Does not change. The child remains illegitimate for status purposes.
Parental Authority: Remains with the mother over an illegitimate child, despite the surname change (unless legitimation/adoption or a contrary court order occurs).
Succession/Support: Acknowledgment impacts legal relations, but surname change alone does not elevate the child to the rights of a legitimate child; rights remain those afforded to illegitimate children under the Civil Code/Family Code.

5) When the Administrative Route Won’t Work—The Court Process

5.1. Common Reasons You Need Court Intervention

No acknowledgment by the father (and none available posthumously).
Paternity is disputed (e.g., father contests; competing claims).
Child presumed legitimate (born in wedlock) and the aim is to change to the biological father’s surname—this typically involves impugning legitimacy first.
The LCR denies the RA 9255 application (legal/factual insufficiency).
Reversion/Change again (e.g., to revert to mother’s surname) after an RA 9255 annotation—often requires judicial relief.

5.2. What to File and Where

Rule 103 (Change of Name) petition in the RTC (Regional Trial Court) of the petitioner’s residence, showing proper and reasonable cause and the best interest of the child.
Rule 108 (Cancellation/Correction of Entries) if what’s needed is a substantial correction/annotation in the civil registry (often joined with/anchored on proof of filiation).
In some cases, a civil action for recognition of filiation and support is filed, with or without DNA evidence, and a Rule 108 petition follows to align the civil registry.

5.3. Parties, Notice & Evidence

The Republic of the Philippines (through the OSG) is an indispensable party in Rule 103/108 cases. The Civil Registrar is also notified.
Publication (for Rule 103) is generally required (once a week for three consecutive weeks in a newspaper of general circulation).
Evidence: public instruments, birth records, witness testimony, DNA (when available), school/medical records, photos, communications—anything competent and relevant to prove paternity and the child’s best interests.

5.4. Court Decision & Implementation

If the court grants the petition, it will order the LCR/PSA to annotate or correct the civil registry entry.
Present the final judgment to the LCR/PSA for processing and issuance of an annotated PSA birth certificate.

6) Special Situations & Practical Scenarios

6.1. Father Is Deceased

If the father executed acknowledgment during his lifetime (e.g., public instrument), the AUSF may still proceed administratively using that document.
If not, acknowledgment can’t be created posthumously—consider a court action (recognition/filiation), possibly with DNA (via relatives) if feasible.

6.2. Child Later Becomes Legitimated or Is Adopted

Legitimation by the parents’ subsequent valid marriage changes the child’s status; the child then typically bears the father’s surname under the rules on legitimacy, implemented via LCR annotation (a different process from RA 9255).
Adoption generally results in the child using the adoptive parent’s surname, implemented after final decree of adoption.

6.3. Child Was Using the Father’s Surname Informally

School/medical/government records must match the PSA record. If the PSA shows the mother’s surname, the child is not officially using the father’s surname—complete RA 9255 or obtain a court order, then update records.

6.4. Passport, School, and Government IDs After the Change

Bring the newly annotated PSA birth certificate (showing the RA 9255 annotation) to update passport, school, PhilHealth, SSS, Pag-IBIG, and other IDs/records. Agencies may also require the mother’s valid ID, the child’s ID (if any), and pertinent court/LCR documents.

6.5. Reverting to Mother’s Surname Later

The LCR generally does not undo a finalized RA 9255 annotation administratively. A court petition showing proper and reasonable cause and the child’s best interest is the safer path.

6.6. Middle Name Questions

Baseline rule: An illegitimate child customarily has no middle name, even after taking the father’s surname under RA 9255.
A middle name may enter the picture upon legitimation or adoption (or if a court specifically authorizes a particular naming format).

7) Practical Checklist

For AUSF (RA 9255) at the LCR

☐ AUSF form (correctly filled; signatory per age rules)
☐ Acknowledgment of Paternity (public instrument / valid birth entry / private handwritten instrument by father)
☐ PSA birth certificate (certified copy)
☐ Valid IDs (mother/child/father as applicable)
☐ Apostille/consularization for documents executed abroad + translation if needed
☐ Fees (ask your LCR; migrant petitions often higher)

For Court

☐ Determine proper remedy (Rule 103 / Rule 108; or recognition/filiation)
☐ Petition with supporting evidence (acknowledgment, DNA, records, etc.)
☐ Publication (if Rule 103) & service to OSG/Civil Registrar
☐ Attend hearings; present evidence and witnesses
☐ Upon favorable decision, register and implement with LCR/PSA

8) Frequently Asked Questions

Q1: Can we force the father to let the child use his surname? No. RA 9255 requires voluntary acknowledgment. Without it, you generally need to go to court to establish filiation and then seek the surname change.

Q2: Will using the father’s surname make the child legitimate? No. The child remains illegitimate unless legitimated or adopted. The surname change does not alter status.

Q3: What will the new PSA birth certificate look like? It will be the same record, but with a marginal annotation stating that the child shall henceforth use the father’s surname under RA 9255 (plus the LCR reference details).

Q4: Can this be done if the child is already an adult? Yes. Adults (18+) can execute the AUSF themselves, provided the father’s acknowledgment exists.

Q5: Does the mother lose parental authority after the change? No. For an illegitimate child, parental authority remains with the mother unless legitimation/adoption or a court order provides otherwise.

Q6: The father is a foreign national—any difference? Mainly in document formalities: acknowledgment executed abroad should be apostilled/consularized and translated if needed.

9) Sample Clause Pointers (For Reference Only)

Affidavit to Use the Surname of the Father (AUSF):

Identifies the child (name, DOB, place of birth; PSA registry details).
States that the child is illegitimate and currently bears the mother’s surname.
Attaches/recites the father’s acknowledgment (public instrument / birth record / private handwritten instrument).
States the intent that the child shall henceforth use the father’s surname pursuant to RA 9255.
Includes consent of the child (if 7–17).
Signed and notarized by the mother/child, as applicable.

Affidavit of Admission/Acknowledgment of Paternity (Father):

Clear statement of paternity acknowledging the specific child (full details).
Undertaking that the acknowledgment is voluntary.
Executed before a notary public (or abroad with apostille/consularization).
Valid ID details and signature.

10) Practical Guidance & Strategy

Start with the LCR. If the father can acknowledge paternity (or already has), the AUSF is usually the fastest and least costly path.
Prepare clean paperwork. Errors and missing pages cause delays.
If acknowledgement isn’t available (or there’s legal complexity), consult counsel about a court petition tailored to your facts (Rule 103/108; recognition/filiation).
Think ahead about records. After approval, update school, passport, and government IDs to match the PSA.
Keep expectations realistic. Surname change under RA 9255 does not change legitimacy or automatically expand rights beyond those granted by law to illegitimate children.

Final Note

Procedures and document checklists may vary slightly by LCR and circumstances (e.g., papers executed abroad, guardianship issues). When in doubt, verify formatting and formalities with the LCR where you’ll file and consider consulting a family-law practitioner for case-specific advice.