In the Philippines, the legal relationship between a father and his child born out of wedlock is not automatically established by the mere fact of birth. For an illegitimate child to use the father's surname and for the father to exercise parental authority or grant inheritance rights, a formal Acknowledgment of Paternity must occur.
This process is governed primarily by the Family Code of the Philippines, Republic Act No. 9255, and the Rules of Court.
Methods of Acknowledgment
There are three primary ways a father can legally acknowledge a child under Philippine law:
1. Record of Birth
The most common method is through the Certificate of Live Birth (COLB). If the father signs the "Affidavit of Acknowledgment/Admission of Paternity" located at the back of the child’s birth certificate at the time of birth, the acknowledgment is immediate and integrated into the civil registry.
2. Admission of Paternity in a Public Document
If the birth was already registered without the father’s signature, he may execute a separate Affidavit of Admission of Paternity. This is a sworn statement executed before a Notary Public. This document is then registered with the Local Civil Registrar (LCR) where the child’s birth was recorded.
3. Private Handwritten Instrument
A father may acknowledge paternity through a document written entirely in his own handwriting and signed by him. While this is a valid form of proof, it often requires judicial confirmation if the father is deceased or refuses to honor the document later.
The Procedure for Registration (RA 9255)
Under Republic Act No. 9255, an acknowledged child may use the surname of the father. The procedure typically involves the following steps:
- Execution of Documents: The father executes the Affidavit of Admission of Paternity. If the child is to use the father’s surname, the mother (or the child, if of age) must also execute an Affidavit to Use the Surname of the Father (AUSF).
- Filing with the Local Civil Registrar (LCR): The affidavits are submitted to the LCR of the city or municipality where the birth happened.
- Payment of Fees: The applicant pays the processing and registration fees.
- Annotation: The LCR will not issue a new birth certificate but will instead annotate the existing birth certificate to reflect the father’s name and the change in the child’s surname.
- PSA Certification: Once the LCR processes the change, the records are forwarded to the Philippine Statistics Authority (PSA), where a certified copy of the annotated birth certificate can be requested.
Judicial Recognition of Paternity
If a father refuses to acknowledge a child voluntarily, the mother or the child must file a Petition for Compulsory Recognition in court.
- Evidence: The court will look for "open and continuous possession of the status of a child," DNA testing results, or other authentic writing.
- DNA Testing: While the court can order DNA testing (Rule on DNA Evidence), the cost is borne by the party requesting it unless they are litigating as a pauper.
Estimated Costs
The costs vary significantly depending on whether the process is administrative (voluntary) or judicial (contested).
Administrative (Voluntary)
| Item | Estimated Cost (PHP) |
|---|---|
| Notarial Fees | ₱500 – ₱2,000 (varies by notary) |
| LCR Filing/Registration Fee | ₱200 – ₱1,000 (varies by municipality) |
| AUSF Registration Fee | ₱100 – ₱500 |
| Certified PSA Birth Certificate | ₱155 – ₱365 |
| Total Estimated | ₱1,000 – ₱4,000 |
Judicial (Compulsory/Contested)
| Item | Estimated Cost (PHP) |
|---|---|
| Acceptance Fee (Lawyer) | ₱50,000 – ₱150,000+ |
| Pleading/Appearance Fees | ₱3,000 – ₱10,000 per hearing |
| DNA Testing | ₱15,000 – ₱30,000 |
| Court Filing Fees | ₱3,000 – ₱7,000 |
| Total Estimated | ₱80,000 – ₱200,000+ |
Legal Effects of Acknowledgment
Once paternity is legally established:
- Surname: The child gains the right to use the father’s surname.
- Support: The father becomes legally obligated to provide financial support (sustenance, dwelling, clothing, medical attendance, and education).
- Succession: The child becomes a compulsory heir of the father and is entitled to a legitime (usually half of the legitime of a legitimate child).
- Parental Authority: While the mother retains primary custody of an illegitimate child, the father may petition for visitation rights or, in specific cases of maternal unfitness, partial or full custody.