How to Change an Illegitimate Child’s Surname to the Father’s in the Philippines (RA 9255)

This article explains the complete framework, requirements, and practical steps to let an illegitimate child use the father’s surname under Republic Act No. 9255 (“An Act Allowing Illegitimate Children to Use the Surname of their Father”) and its implementing rules. It is general information, not legal advice.

1) The legal big picture

Baseline rule (Family Code): An illegitimate child ordinarily bears the mother’s surname.
RA 9255 (2004): Creates an exception—an illegitimate child may use the father’s surname if the father expressly recognizes the child and the statutory/administrative requirements are satisfied.
Key effects to remember
- The child remains illegitimate. Using the father’s surname does not confer legitimacy, inheritance rights of a legitimate child, or joint parental authority.
- Parental authority remains with the mother (unless a court orders otherwise, or later legitimation/adoption occurs).
- The surname change is primarily a civil registration/annotation process (administrative), not a court case, provided RA 9255 conditions are met.

2) Who can apply and when

Child below 18 (minor): The mother files the papers. If the mother is deceased, abroad, or legally incapacitated, a guardian may file.
Child 7 to 17 years old: Written consent of the child is additionally required.
Child 18 or older: The child files personally.
Father cannot unilaterally change the record; his role is to recognize the child (see next section) and, in some scenarios, to execute/appear for specific documents.

3) What counts as the father’s “recognition”

Under RA 9255 and civil registry practice, any one of the following usually suffices as express recognition:

Father signed the Certificate of Live Birth (COLB) at the time of registration (i.e., he appears as the informant/acknowledging father).
Affidavit of Admission of Paternity (AAP) or Affidavit of Acknowledgment executed by the father (notarized).
A public document (e.g., notarized deed/declaration) where the father clearly acknowledges the child.
A private handwritten instrument signed by the father where he clearly acknowledges the child (must be authentic and legible enough for the civil registrar).

If recognition came after the original birth registration or was not captured on the COLB, you can still proceed by presenting the later acknowledgment (e.g., AAP/public document). Posthumous recognition is possible if a valid acknowledgment document exists.

4) The administrative route (no court), step-by-step

Most cases are completed administratively at the Local Civil Registry (LCR) and recorded/endorsed to the Philippine Statistics Authority (PSA).

Step A — Gather standard documents

PSA/LCRO copy of the child’s Birth Certificate (as currently recorded under the mother’s surname).
Proof of father’s recognition (one of those listed in §3).
Valid IDs of the filing party (mother/child/guardian) and, when required, of the father.
If child is 7–17, a Written Consent of the Child.
If filing by a guardian, proof of guardianship/legal authority.
If the father is deceased, his death certificate (and the acknowledgment instrument he left).

Step B — Prepare the RA 9255 form(s)

Affidavit to Use the Surname of the Father (AUSF).
- Civil registrars have the standard AUSF form. Fill out carefully; names and dates must match your proofs.
- Who signs the AUSF?
  - If the father already signed the COLB or a formal AAP, many LCRs accept the mother’s AUSF (for a minor) or the child’s AUSF (if 18+), because the father’s recognition is already in the record.
  - If recognition relies on a private handwritten instrument, LCRs often require the father himself to execute/sign the AUSF (or supplement the record with a notarized acknowledgment). Practice can vary—bring the father if feasible.

Practical tip: Bring originals and photocopies. If any document is foreign-issued, have it apostilled (or consularized, if applicable) and translated if not in English/Filipino.

Step C — File with the proper LCR

File at the LCR where the birth was recorded. Many LCRs also accept filing at the LCR of the petitioner’s residence and then forward/coordinate with the LCR of record—ask your LCR which route they follow.
Pay the LCR filing fee (varies by city/municipality) and any PSA fees for later certification copies.

Step D — Evaluation & annotation

The LCR evaluates the papers. If complete and compliant, the LCR annotates the child’s birth record to state that the child is now using the father’s surname under RA 9255.
The LCR forwards the annotated record to the PSA for annotation in the national database.

Step E — Get updated certificates

After endorsement/annotation, request a PSA-issued birth certificate. The upper portion will still show the original entries, while the margin/annotation indicates the legal use of the father’s surname per RA 9255.
Use this PSA copy with annotation for school, passport, PhilSys, bank, and other record updates.

5) Frequently encountered scenarios

A. Father recognized at birth (COLB signed by father). Usually the smoothest path: submit COLB showing the father’s acknowledgment, plus AUSF and IDs. LCR annotates under RA 9255.

B. Father recognized after birth via AAP/public document. Submit the acknowledgment document plus AUSF and standard IDs. LCR annotates and endorses to PSA.

C. Recognition only via a private handwritten note. Bring the original note and the father (if possible) to execute an AUSF or a notarized public acknowledgment. LCRs scrutinize these more closely.

D. The father is deceased. If he left a valid public document or private handwritten acknowledgment, the mother/child may still proceed with AUSF and supporting documents.

E. The mother refuses to file for a minor. RA 9255 makes the child’s right to use the father’s surname contingent on express paternal recognition and the civil-registry process. If the mother will not file and the child is still a minor, the father may seek judicial relief (e.g., assist a guardian’s appointment or ask a court to direct the change), but there is no unilateral administrative shortcut for the father to force it at the LCR.

F. Foreign father / documents executed abroad. Have the acknowledgment and IDs apostilled (or consularized) and translated if needed. Some LCRs may ask for proof of the father’s legal capacity to acknowledge under his national law; be ready with passport/birth/marriage docs if applicable.

G. Child already consistently uses the father’s surname informally. Informal use has no legal effect. You still need the RA 9255 annotation for official records.

H. Child wants to revert to the mother’s surname later. RA 9255 is a specific, one-way administrative remedy. Reverting typically requires a judicial change-of-name case (Rule 103) showing proper and reasonable cause.

6) What does not change after RA 9255 annotation

Illegitimacy status: unchanged (still illegitimate).
Custody/parental authority: with the mother as a matter of law, absent a court order to the contrary.
Support/visitation: the father may be liable for support and may seek visitation/custody in court, but the surname change itself neither grants nor removes those rights/obligations.

7) Typical timelines and fees (practical, not fixed)

LCR processing: Often 1–4 weeks depending on locality and document completeness.
PSA annotation availability: After LCR endorsement, expect several weeks more before PSA-annotated copies are ready.
Fees: LCR filing fees are local-ordinance based; PSA copy fees are standard. Budget for notarization and apostille (if any).

(Exact timing and fees vary by city/municipality and caseload.)

8) Checklist before you go to the LCR

PSA/LCRO birth certificate (current, readable).
Proof of father’s recognition (COLB signed by father, AAP, public document, or private handwritten acknowledgment).
Filled-out AUSF (ask LCR for their latest form).
Valid IDs of filer (mother/child/guardian) and, if required, father’s ID.
Child’s written consent (if 7–17 years old).
Guardianship proof (if a guardian files).
Apostilled/consularized translations for foreign documents.
Cash for LCR/PSA fees and notarization.

9) Practical tips & common pitfalls

Names must match across all documents (spelling, middle names, suffixes). Even small discrepancies can delay endorsement.
Handwritten acknowledgments must be signed by the father and clearly identify the child; authenticity can be questioned—be ready to supplement.
Mother’s civil status does not convert the child’s status; even if the father is married to someone else, RA 9255 can still apply if he expressly recognizes the child.
School and passport updates require the PSA-annotated birth certificate; wait for that before changing IDs/records.
Keep certified copies of everything you submit; request receiving copies from the LCR.

10) Sample language (for orientation only)

Affidavit to Use the Surname of the Father (AUSF) – key elements typically included:

Identity of the child, mother, and father (full names, dates of birth, addresses).
Clear statement that the child is illegitimate and that the father has expressly recognized the child (cite the document/date).
Declaration that the child elects (or the mother elects for the minor child) to use the father’s surname under RA 9255.
If the child is 7–17, attach the child’s written consent.
Undertaking that existing records will be updated accordingly.
Signatures, notarization/jurat, and ID details.

(Always use the LCR’s official form and follow their exact wording.)

11) When the administrative route is not available

You may need a court petition if:

There is no valid acknowledgment document from the father and he cannot/will not provide one.
The LCR finds substantial discrepancies or contested facts.
You seek other changes beyond RA 9255 (e.g., change of first name under RA 9048/10172 requirements, corrections of sex/day-month of birth, or a full change of surname outside RA 9255), or a reversion to the mother’s surname.

12) Quick Q&A

Q: Does using the father’s surname make the child legitimate? A: No. Legitimacy changes only by legitimation or adoption, not by a surname change.

Q: Can the father force the child to use his surname? A: No. RA 9255 creates a right for the child, implemented via the civil registry. For minors, the mother (or a guardian) initiates the process.

Q: Is the child’s middle name affected? A: The surname changes; practices on middle name for illegitimate children vary by LCR and guidance at the time of filing. Ask your LCR how they reflect the middle name upon RA 9255 annotation, especially for school/passport uniformity.

Q: Can a teenager decide on their own? A: At 18+, yes. At 7–17, the child’s written consent is required but the mother (or guardian) still files.

Q: What if the father’s name isn’t on the birth certificate? A: Present a subsequent acknowledgment (AAP/public document) or have the father execute one. Without any valid acknowledgment, the LCR cannot annotate under RA 9255.

13) Bottom line

To let an illegitimate child use the father’s surname, you need:

Express paternal recognition (birth certificate acknowledgment, AAP, public document, or qualifying handwritten instrument), and
Proper AUSF filing and LCR/PSA annotation.

Plan your documents, coordinate with your LCR, and expect to present IDs, the acknowledgment proof, AUSF, and (if 7–17) the child’s written consent. This achieves the surname change without going to court—status and parental authority remain unchanged.