How to Register Late Birth Certificate with Mother's Surname as Last Name in the Philippines

I. Legal Status of the Mother's Surname for Children in Philippine Law

Under Philippine law, the surname of a child is determined primarily by legitimacy status:

1. Legitimate children (born to legally married parents or legitimated) must principally use the father's surname
   – Article 364, Civil Code of the Philippines
   – Article 174, Family Code of the Philippines
   There is no legal option during initial registration to use the mother's surname instead of the father's, regardless of parental agreement or preference.

2. Illegitimate children (born to parents not married to each other)
   – Default rule: The child shall use the surname of the mother (Article 176, Family Code, as amended by Republic Act No. 9255).
   – Optional privilege: The child may use the father's surname only if the father has expressly recognized the child through any of the following:
   • Entry in the Record of Birth in the civil register
   • Public document
   • Private handwritten instrument
   – Supreme Court has repeatedly ruled that the use of the father's surname by an illegitimate child is permissive, not mandatory (Grande vs. Antonio, G.R. No. 206248, February 18, 2014; Doe vs. Republic, G.R. No. 236379, June 15, 2020; Almojuela vs. Republic, G.R. No. 211667, August 24, 2020).
   Therefore, even if the father has already acknowledged the child, the child or the mother may still legally insist on using the mother's surname.

Conclusion on surname choice:
Using the mother's surname is the default and mandatory for illegitimate children unless the privilege under RA 9255 is expressly availed of through the submission of an Affidavit to Use the Surname of the Father (AUSF).

II. When Birth Registration Becomes "Late" or "Delayed"

• Regular registration: Within 30 days from date of birth (Act No. 3753, Civil Registry Law).
• Delayed/late registration: Any registration after the 30-day period.
  There is no deadline for late registration — it may be done even 50–70 years after birth.

III. Complete Procedure for Late Registration Using Mother's Surname (2025 Rules)

Step 1: Determine the Correct Office

• Primary venue: Office of the Civil Registrar (OCRG/LCR) of the city/municipality where the birth occurred.
• If place of birth is unknown: LCR of current residence or Manila (for foundlings).
• If person is abroad: Philippine Embassy/Consulate (report of birth), then late-register at appropriate LCR upon return.

Step 2: Prepare the Core Documents

A. Certificate of Live Birth (COLB) – Municipal Form No. 102
– Downloadable from PSA website or available at LCR.
– Fill out completely.
– In Item 23 (Legitimacy): Mark “Illegitimate.”
– In child's surname field: Write the mother's surname (her current legal surname).
– Father's data: May be left blank or filled in. Even if filled in, do not attach AUSF if you want mother's surname.

B. Affidavit for Delayed Registration (attached at the back of COLB or separate)
– Executed by the mother (if registrant is minor) or by the person himself/herself (if already of age).
– States reason for delay and facts of birth.
– Attested by two disinterested persons (not relatives) who have personal knowledge of the birth.

C. Negative Certification from PSA (highly recommended, sometimes required by LCR)
– Proves no previous registration exists.
– Apply online via psahelpline.ph or PSA CRS outlet.

D. Supporting/Earliest Documents (minimum of four (4) public or private documents showing correct name, date & place of birth, and parentage)

Accepted documents (in order of preference):

1. Baptismal certificate (with church seal)
2. Hospital/clinic birth record or attendant's certificate
3. Barangay certification of birth
4. Form 137 or school records (elementary level preferred)
5. Voter's Registration Record (COMELEC certification)
6. Immunization card or DSWD records
7. NBI/Police clearance (for adults)
8. SSS/GSIS/Pag-IBIG records
9. Life insurance policy
10. Marriage certificate of parents (if applicable)
11. Community Tax Certificate (old cedula showing child)

At least one document must be dated not later than five years after birth.

Step 3: Submit to LCR and Pay Fees

• Submit all documents.
• Pay fees (2025 approximate rates):
  – Delayed registration fee: ₱200–₱500
  – Certification fee: ₱155–₱200 per copy
  – Publication/posting fee (if required): varies
• The LCR will post the application for 10 consecutive days on the bulletin board.

Step 4: Approval and Registration

• If no opposition is filed within 10 days, the City/Municipal Civil Registrar signs and approves the registration.
• The registered COLB is forwarded to the PSA for archiving (usually within 3–6 months).
• You may secure local copies immediately from LCR; PSA-authenticated copies become available later.

Step 5: Secure PSA Birth Certificate

• After 6–12 months, order PSA copy via:
  – psa.gov.ph
  – psahelpline.ph
  – PSA CRS outlets/SM Business Centers

IV. Special Situations and How to Handle Them

1. Father has already acknowledged the child but you want mother's surname
   – Do NOT submit AUSF.
   – The registration will proceed with mother's surname even if father's name appears in the certificate.
   – This is fully supported by Supreme Court rulings cited above.

2. Person is already adult (18 years old and above)
   – The person himself/herself executes the delayed registration affidavit.
   – He/she may declare himself/herself illegitimate and use mother's surname even if father previously acknowledged him/her (Grande vs. Antonio doctrine).

3. Legitimate child who wants to use mother's surname
   – Not allowed during initial registration.
   – Only possible via court petition for change of name/surname under Rule 103, Rules of Court.
   – Grounds must be proven (e.g., father's surname is dishonorable, long-established use of mother's surname, etc.).
   – Mere preference is generally not sufficient.

4. Foundlings or abandoned children
   – Governed by Republic Act No. 11767 (Foundling Recognition and Protection Act).
   – DSWD issues Foundling Certificate.
   – Child is registered with surname chosen by DSWD or foster parents; mother's surname may be used if mother is later identified.

5. Child born abroad to Filipino mother
   – First file Report of Birth at Philippine Embassy/Consulate.
   – If delayed, file late registration at LCR of mother's residence upon return.

V. Common Problems and Solutions

Problem	Solution
Supporting documents show father's surname already	File petition under RA 10172 (correction of clerical error) or Rule 108 (substantial correction) to align with mother's surname if illegitimate status is proven
LCR refuses to register with mother's surname despite illegitimate status	Elevate to PSA Regional Director or file mandamus in court
Delay is extremely long (50+ years)	Provide more documents; some LCRs require additional affidavit of non-registration from barangay captain
Inconsistent names in documents	File joint affidavit of two disinterested persons explaining the discrepancy

VI. Final Notes (2025)

The right of an illegitimate child to use the mother's surname is absolute and constitutionally protected. Republic Act No. 9255 merely granted an additional privilege to use the father's surname — it did not remove the original right to the mother's surname.

As of December 2025, there is still no law allowing legitimate children to choose the mother's surname at birth registration. All bills proposing such option remain pending in Congress.

Late registration with mother's surname remains an administrative process — no court order is required unless there is opposition or material inconsistency in documents.

By following the procedure above, any Filipino — whether child or senior citizen — can successfully secure a PSA birth certificate bearing the mother's surname as the legal last name.