How to Fill Out the Father’s Name on the Birth Certificate of a Child Born Out of Wedlock in the Philippines

Introduction

In the Philippines, the birth certificate serves as a foundational legal document that establishes a person's identity, nationality, and familial relationships. For children born out of wedlock—commonly referred to as illegitimate children under Philippine law—the process of filling out the father's name on the birth certificate involves specific legal considerations rooted in paternity acknowledgment. This is governed primarily by the Family Code of the Philippines (Executive Order No. 209), the Civil Registry Law (Act No. 3753), Republic Act No. 9255 (allowing illegitimate children to use the father's surname), and administrative rules from the Philippine Statistics Authority (PSA).

The inclusion of the father's name is not automatic; it requires voluntary acknowledgment by the father to establish filiation, which has implications for the child's rights to support, inheritance, and legitimacy status. Failure to properly acknowledge can lead to the father's name being omitted, potentially complicating future legal matters such as passport applications, school enrollments, or claims to paternal benefits. This article comprehensively explores the procedures, requirements, legal effects, potential challenges, and related processes for handling the father's name on such birth certificates, ensuring compliance with Philippine civil registration practices.

Legal Framework Governing Paternity Acknowledgment

The Philippine legal system distinguishes between legitimate and illegitimate children based on the marital status of the parents at the time of conception or birth. Under Article 164 of the Family Code, a child born or conceived during a valid marriage is presumed legitimate. Conversely, children born outside of marriage are considered illegitimate (Article 165).

Key laws relevant to filling out the father's name include:

• Family Code (Articles 172-182): Outlines modes of voluntary acknowledgment of illegitimate children. Acknowledgment can occur through:

  • A record of birth appearing in the civil register (e.g., signing the birth certificate).
  • An admission of filiation in a public document (e.g., an affidavit) or a private handwritten instrument signed by the parent.
  • Other means, such as a will or court action, though these are less common for birth registration.

• Republic Act No. 9255 (2004): Amends Article 176 of the Family Code to allow illegitimate children to bear the father's surname upon acknowledgment. This does not legitimize the child but enables surname usage, which is often tied to the father's name being listed on the birth certificate.

• Civil Registry Law (Act No. 3753) and Republic Act No. 10625 (Philippine Statistical Authority Act of 2013): Mandate the registration of births within 30 days at the Local Civil Registrar (LCR) of the place of birth. The PSA oversees national civil registration, ensuring uniformity in documents like the Certificate of Live Birth (COLB).

• Administrative Orders from PSA: Such as PSA Administrative Order No. 1, Series of 2020, which provides guidelines on delayed registration, corrections, and supplemental reports for incomplete birth certificates.

Importantly, forced acknowledgment is not permitted; it must be voluntary. If contested, paternity may require judicial determination via DNA testing or other evidence under Rule 128 of the Rules of Court, but this is beyond initial registration.

Procedure at the Time of Birth Registration

Birth registration typically occurs at the hospital or birthing facility, where the COLB is prepared, or directly at the LCR if born at home. For children born out of wedlock, the process for including the father's name is as follows:

1. Preparation of the Certificate of Live Birth (COLB):

   • The COLB form (Municipal Form No. 102) has dedicated fields for the child's details, mother's information, and father's information.
   • The mother's name and signature are mandatory. She provides the child's name, using her surname by default (Article 176, Family Code).
   • For the father's section (fields for name, citizenship, residence, etc.), inclusion depends on acknowledgment.

2. If the Father Acknowledges at Registration:

   • The father must be present or provide authorization.
   • He signs the COLB in the designated space for "Father's Signature," which serves as an implicit admission of paternity (Article 172).
   • Alternatively, or in addition, he executes an Affidavit of Acknowledgment/Admission of Paternity (AAP), a public document notarized by a lawyer or authorized official. This affidavit explicitly states his paternity and consent for the child to use his surname under RA 9255.
   • Once signed, the father's full name (first, middle, last), date of birth, place of birth, citizenship, occupation, and residence are filled in the appropriate fields.
   • The LCR registers the birth, and the document is forwarded to the PSA for issuance of the official birth certificate (Security Paper or SECPA).

3. Requirements for Acknowledgment at Birth:

   • Valid IDs of both parents (e.g., passport, driver's license, or PhilID).
   • Marriage certificate if applicable (though not for unwed parents).
   • The AAP, if used, must be attached to the COLB.
   • No fee for timely registration (within 30 days); delayed registration incurs penalties (PHP 100-500) and additional affidavits.

4. If the Father Does Not Acknowledge:

   • The father's fields are left blank or marked as "Unknown" or "Not Applicable."
   • The child is registered solely under the mother's details, using her surname.
   • This does not preclude future acknowledgment but requires a separate process.

Hospitals often assist in preparing the COLB, but parents must verify accuracy before signing, as errors can necessitate corrections later.

Adding the Father's Name After Initial Registration

If the father's name was omitted at birth, it can be added later through administrative or judicial means, depending on the circumstances.

1. Administrative Correction via Supplemental Report:

   • For omissions discovered within a reasonable time, file a Supplemental Report at the LCR under PSA rules.
   • Submit the AAP executed by the father.
   • Required documents: Original birth certificate, father's ID, mother's consent (if minor), and affidavit explaining the omission.
   • The LCR annotates the birth record, adding the father's details without altering the original filiation status.

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

   • Under RA 9255, if acknowledgment occurs post-registration, the AUSF allows the child to adopt the father's surname.
   • This indirectly involves updating the birth certificate to reflect the father's name if not already present.
   • Process: Father executes AUSF (notarized), submitted to LCR with birth certificate and IDs. The LCR issues an annotated certificate.

3. Delayed Acknowledgment via Public Document:

   • If the child is older, acknowledgment can be via a notarized deed or other public instrument, registered at the LCR.
   • For adults (18+), the child's consent is required.

4. Judicial Process:

   • If the father refuses voluntary acknowledgment, the mother or child may file a Petition for Compulsory Acknowledgment in the Regional Trial Court (Family Court branch).
   • Evidence includes DNA tests (admissible under A.M. No. 06-11-5-SC), baptismal certificates, school records showing paternal support, or witnesses.
   • Upon court order, the LCR amends the birth certificate to include the father's name.
   • This is more complex, involving legal fees (PHP 5,000-20,000) and time (months to years).

5. Legitimation:

   • If parents marry after the birth, the child can be legitimated under Article 177 of the Family Code.
   • Process: Parents execute an Affidavit of Legitimation, submitted with marriage certificate and child's birth certificate to LCR.
   • This upgrades the status to legitimate, fully incorporating the father's name and granting equal rights.

Implications of Including or Omitting the Father's Name

• Rights of the Child:

  • With acknowledgment: Entitled to paternal support (Article 194), inheritance (Article 887), and use of father's surname.
  • Without: Limited to maternal lineage rights; paternal claims require separate legal action.

• Parental Authority:

  • Solely with the mother for illegitimate children (Article 176), unless joint authority is court-ordered.

• Citizenship and Travel:

  • If the father is foreign, acknowledgment may affect dual citizenship claims under RA 9225.
  • For passports, an illegitimate child needs maternal consent; paternal name helps if seeking paternal nationality.

• Social and Psychological Aspects:

  • Omitting the father's name can lead to stigma, though Philippine society is evolving. Acknowledgment promotes family unity and identity.

• Potential Challenges:

  • Disputes: If multiple claimants to paternity, court intervention is needed.
  • Fraud: Falsely filling the father's name can lead to perjury charges (Revised Penal Code, Article 171).
  • Corrections: Clerical errors in names require RA 9048 petitions (PHP 3,000 fee).
  • Overseas Filipinos: For births abroad, register at Philippine Consulate; same rules apply.

Special Cases and Considerations

• Minor Parents: If the father is a minor, his parents' consent may be needed for acknowledgment.
• Adopted Children: Adoption supersedes birth details; original certificate is sealed.
• Surrogacy or ART: For children via assisted reproductive technology, paternity follows Family Code rules.
• Death of Father: Posthumous acknowledgment possible via court if evidence exists.
• Same-Sex Parents: Philippine law does not recognize same-sex marriage, so acknowledgment follows biological ties.
• Indigenous or Muslim Communities: Customary laws may apply, but civil registration is mandatory.

Required Documents and Practical Tips

Common documents:

• COLB form.
• AAP or AUSF (templates available at LCR or PSA website).
• IDs, birth certificates of parents.
• Marriage certificate (for legitimation).

Tips:

• Register promptly to avoid delays.
• Consult a lawyer for complex cases.
• Verify records at PSA for accuracy.
• Online services: PSA Helpline or e-Census for copies.

In summary, filling out the father's name on a birth certificate for a child born out of wedlock hinges on voluntary acknowledgment, balancing legal rights with procedural simplicity. Proper handling ensures the child's full access to familial benefits under Philippine law. For personalized advice, consult the local LCR or a family law expert.