Rules Under RA 9255 and Related Laws (Philippine Context)

I. The Core Rule: What Surname Does an Illegitimate Child Use?

Under the Family Code, the default rule is simple:

An illegitimate child uses the mother’s surname.
If (and only if) the child’s filiation is recognized by the father, the child may use the father’s surname under Republic Act No. 9255 (RA 9255), which amended Article 176 of the Family Code.

Two points matter immediately:

Recognition of paternity is required before the father’s surname can be used.
The law uses “may,” not “shall.” This is widely understood to mean it is not automatic and not something the father can simply demand as a matter of right; it is a legally regulated option, conditioned on the father’s recognition and the proper civil registry process.

II. RA 9255 in One Sentence

RA 9255 allows an illegitimate child—once legally recognized by the father—to use the father’s surname through a civil registry process (annotation/correction in the birth record), without needing adoption or legitimation.

This is not the same as:

being made legitimate, or
changing status, or
acquiring inheritance rights beyond what the Family Code already provides for illegitimate children.

RA 9255 is mainly about the surname entry in the civil registry, tied to recognized filiation.

III. Legal Foundations You Need to Know

A. Family Code provisions (key concepts)

Article 175: Illegitimate children are under the parental authority of the mother (subject to specific exceptions and later laws/jurisprudence).
Article 176 (as amended by RA 9255):
- Default: mother’s surname
- Exception: if recognized by father → child may use father’s surname
- Support and legitime: illegitimate child is entitled to support and a legitime (typically one-half of the legitime of a legitimate child, under the Civil Code/Family Code system of succession principles)

B. Proof of filiation (how paternity is established legally)

Recognition is not a vibe or a social media post. It must be legally provable. In Philippine family law, paternity/filiation is typically shown by:

The record of birth showing the father as parent with proper acknowledgment, or
A public document (notarized instrument) recognizing the child, or
A private handwritten instrument signed by the father acknowledging paternity, or
A judicial declaration of filiation/paternity (court case), including when contested.

(These are drawn from the Family Code’s scheme on proving filiation, commonly discussed under the articles on proof of filiation and recognition.)

IV. The Big Distinction: “Using the Father’s Surname” vs “Changing a Name”

People often mix these up.

1) RA 9255 process (administrative/civil registry route)

This is the special route for an illegitimate child who will use the father’s surname because of recognition. It generally results in:

annotation on the birth record, and
updated/annotated copies from the PSA reflecting the change.

2) Court “Change of Name” (Rule 103) and “Correction of Entries” (Rule 108)

These are judicial remedies used when:

the situation falls outside RA 9255, or
what is sought is not simply “use father’s surname due to recognition,” but a broader change (or reversal), or
there is a dispute that cannot be resolved administratively, or
the civil registrar/PSA requires a court order due to the nature of the correction.

Rule of thumb:

RA 9255 is a targeted, recognition-based surname mechanism.
Rule 103/108 is for court-supervised name/record changes, especially when substantial, contested, or outside administrative authority.

V. When Can the Father’s Surname Be Used?

You can generally place cases into three common scenarios:

Scenario A: At the time of birth registration

If paternity is recognized early and the civil registrar’s requirements are met, the child can be registered to use the father’s surname through the RA 9255 framework (often involving acknowledgment documents submitted to the Local Civil Registrar).

Scenario B: After the birth was already registered under the mother’s surname

This is extremely common. The birth certificate already exists with the mother’s surname, and later:

the father recognizes the child, and
the parties apply for the child to use the father’s surname.

This typically results in annotation or an updated civil registry entry through the Local Civil Registrar, with eventual transmission to the PSA.

Scenario C: Recognition exists, but there is a dispute (or missing requirements)

Examples:

father denies paternity after earlier informal acceptance
mother opposes the change
father is deceased and recognition is disputed
the documentary proof of recognition is questioned
the civil registrar refuses due to substantial issues

These situations often require judicial proceedings to establish filiation or to direct the civil registrar/PSA.

VI. What Documents and Acts Usually Matter (Practical Legal Requirements)

While exact checklists can vary by Local Civil Registrar practice, the legal essence is consistent: (1) proof of recognition + (2) the required affidavit/request to use father’s surname + (3) civil registry processing.

Commonly relevant documents include:

Birth certificate (Local Civil Registrar/PSA copy)
Affidavit of Acknowledgment/Admission of Paternity (or equivalent instrument)
Affidavit to Use the Surname of the Father (AUSF) or similarly titled sworn statement required for the RA 9255 process
Valid IDs of executing parties
If applicable: proof of authority/guardianship, or special power of attorney, or proof of the father’s death plus proof of recognition executed while living, or a court order if needed

Key legal point: AUSF-type affidavits are not a substitute for paternity proof. They operate with recognition, not instead of it.

VII. Who Decides? Father, Mother, or Child?

This is where misunderstandings are frequent.

A. The father cannot unilaterally impose the surname

RA 9255 is not designed as a “father’s right” tool; it is a recognition-based option governed by law and civil registry rules.

B. The mother’s role is significant, especially for minors

Because illegitimate children are generally under the mother’s parental authority, civil registry practice commonly reflects the mother’s participation/consent for minors (subject to legal requirements and the specific situation).

C. The child’s role increases with age

For older minors and especially those of legal age, civil registry practice often expects the child’s participation/consent in choosing to use the father’s surname, consistent with the idea that “may” denotes an option rather than compulsion. In contested or sensitive situations, courts consider the child’s best interests and circumstances.

VIII. Effects of Using the Father’s Surname (What It Does—and Does Not—Change)

What it changes

The surname entry used by the child in civil registry records (through annotation/record adjustment)
Practical identity documents later derived from the birth record (school records, IDs, passport details—subject to each agency’s requirements)

What it does NOT automatically change

Legitimacy status: The child remains illegitimate unless legitimated by subsequent marriage of parents (and the legal requirements are met) or adopted, etc.
Parental authority framework for illegitimate children is not rewritten by RA 9255.
Citizenship is not altered merely by surname.
Inheritance classification (illegitimate vs legitimate) is not converted just by a surname change. Illegitimate children still inherit under the rules applicable to them, unless other legal acts intervene.

IX. Legitimation and Adoption: Related Paths That People Confuse with RA 9255

A. Legitimation (by subsequent marriage of the parents)

If the biological parents were legally able to marry each other at the time of the child’s conception and later validly marry, the child may be legitimated (subject to legal requirements). Legitimation changes the child’s status to legitimate and typically aligns surname usage with legitimate filiation rules.

B. Adoption

Adoption (now administered under updated frameworks and institutions) creates a legal parent-child relationship and usually changes the child’s surname to that of the adopter(s), with different consequences from RA 9255.

Bottom line:

RA 9255: recognition-based surname option for an illegitimate child
Legitimation: changes status by parents’ subsequent marriage (if legally possible)
Adoption: creates a new legal filiation

X. Can the Child Revert Back to the Mother’s Surname After Using the Father’s?

This is a major real-world issue.

RA 9255 is primarily a mechanism to allow use of the father’s surname upon recognition. It does not function as an all-purpose, reversible “toggle.” When a child has already been recorded/annotated to use the father’s surname, reversal may depend on:

Whether filiation/paternity is being contested or disproven (which usually requires judicial proceedings), or
Whether the request is treated as a change of name or substantial correction of entries, which commonly points to court action (Rule 103/108), especially if the change is not a simple clerical correction.

Practical takeaway: If the reason for reverting is merely preference or conflict (without undoing paternity), civil registrars often require a court order because the matter is substantial and affects civil status records.

XI. What If the Father’s Recognition Is Questioned or False?

If recognition is fraudulent or mistaken, the legal route is typically judicial:

To impugn or disprove filiation
To cancel or correct civil registry entries that are substantial
To direct the civil registrar/PSA on what the record should reflect

Courts treat civil registry entries as important evidence of civil status; substantial changes—especially those tied to filiation—are not handled casually.

XII. Common Pitfalls and Practical Notes

“He’s been supporting the child” is not the same as legal recognition. Support can be evidence of a relationship, but recognition must meet legal standards.
Using the father’s surname socially does not automatically fix the civil registry. Agencies usually follow what the PSA birth certificate says.
AUSF-type affidavits without proper paternity acknowledgment may fail.
Late registration issues can complicate requirements and timelines.
If there’s conflict, courts become the proper forum. Administrative processes are built for non-adversarial situations with proper documents.

XIII. A Clear Synthesis of the Rules

An illegitimate child’s surname in the Philippines follows this structure:

Default: mother’s surname (Family Code, Art. 176)
Exception (RA 9255): if the father recognizes the child in a legally acceptable manner, the child may use the father’s surname, typically implemented through civil registry annotation and supporting affidavits/documents
If contested/substantial issues arise: courts, not civil registrars, resolve filiation disputes and order substantial record corrections (Rule 108) or change of name (Rule 103), as appropriate
Using the father’s surname does not equal legitimation or adoption and does not automatically change civil status beyond the surname entry