Writing about surname change for illegitimate children in the Philippines

RA 9255, passed in 2004, allows illegitimate children to use their father's surname, provided that paternity is established. This law amended Article 176 of the Family Code. It specifically allows a father to acknowledge their child and give consent for the surname change. The process is contingent on establishing legal paternity – either through a voluntary acknowledgment by the father or a court decision. No search is needed; it's all about establishing consent and paternity through legal means.

Explaining surname change process under RA 9255

Under RA 9255, the father must acknowledge the child and give written consent before the child can use his surname. This involves the father signing the birth certificate or using an affidavit or public/private instrument to establish paternity. The process is administrative, not judicial, unless there are discrepancies that need legal correction. Key guidelines for this procedure are outlined in Administrative Order No. 1, Series of 2004, and clarified through several Supreme Court rulings on related cases.

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Illegitimate Child Surname Change via Republic Act No. 9255 (Philippines)

A comprehensive 2025-ready guide for parents, lawyers and civil-registry officers

1. Historical and Legal Background

Before 2004	After 19 March 2004 (effectivity of RA 9255)
Article 176 of the Family Code (1988) required every illegitimate child to “use the surname and be under the parental authority of the mother.” To carry the father’s surname you needed either: (a) legitimation (parents subsequently marry), or (b) adoption, both court-driven.	Republic Act No. 9255 (“An Act Allowing Illegitimate Children to Use the Surname of their Father, amending Art. 176”) created an administrative, non-litigious route. An illegitimate child may now elect, or be permitted, to bear the father’s surname once paternity is expressly or impliedly acknowledged.

Key principle RA 9255 changes only the child’s surname. It does not:

confer legitimacy;

change successional rights; or

shift parental authority (the mother retains it unless both parents agree to joint exercise under Art. 211).

2. Statutory Text and Implementing Rules

Instrument	Salient Points
Republic Act No. 9255 (approved 24 Feb 2004; in force 19 Mar 2004)	– Amends Art. 176 ¶2 – “Illegitimate children shall use the surname and shall be under the parental authority of their mother, unless their filiation has been recognized by the father in the manner provided by law, in which case they may bear the father’s surname.”
Civil Registrar General Administrative Order No. 1-2004 (IRR)	– Defines “acknowledgment” & “admission of paternity.” – Creates the Affidavit to Use the Surname of the Father (AUSF). – Prescribes filing, fees, annotation format, sample forms.
Memorandum Circulars 2016-07 & 2022-12 (PSA)	– Clarify late registrations, electronic CRS procedures, migrants’ filings with Philippine consulates. – Re-emphasise that DNA test results alone are insufficient without father’s written acquiescence or a court order.

3. Who May Apply and When

Applicant	Timing	Authority to Sign AUSF
Mother, on behalf of a child below 18	Any time – even simultaneously with birth registration	Mother + Father’s written consent OR Father already acknowledged child in the Birth Certificate / public instrument
Father	Same	Father (with mother’s consent if child < 7; none required if > 7 and child agrees)
The child (18 or older)	At any time	Child personally, attaching proof of paternal acknowledgment

No prescriptive period. A 40-year-old illegitimate child can still invoke RA 9255 in 2025.

4. Recognised Modes of Paternal Acknowledgment

Public instrument • e.g., notarised “Acknowledgment/Admission of Paternity,” AUSF, or Deed of Recognition
Private handwritten instrument • Entirely written and signed by the father, expressly acknowledging paternity.
Father’s signature on the Certificate of Live Birth (COLB)
Subsequent judicial or administrative order (e.g., final judgment of filiation, DNA-based Rule DNA decision, or RA 11222 simulated-birth rectification order)

Absent any of the above, resort is to a court petition for change of surname under Rule 103, not RA 9255.

5. Documentary Requirements (per PSA CRS 2025 checklist)

Basic	If filing late (> 30 days from birth)	If father is deceased / incapacitated
• Completed AUSF (in triplicate) • Original & photocopy of child’s PSA-certified COLB	• Late-registration requirements under RA 3753 (four affidavits of two disinterested persons, etc.)	• Proof of recognition (COLB signed by father, notarised deed, private note) plus: Certified true copy of father’s Death Certificate or medical abstract of incapacity
• Valid IDs of signatories (mother, father, child if 18)

Fees (2025): PHP 1,000 filing; PHP 330 per annotated PSA copy; minimal LCR annotation fee varies by city/municipality.

6. Step-by-Step Procedure

Prepare papers – gather acknowledgment document; fill AUSF.
File with the Local Civil Registry (LCR) where the COLB is kept. • Overseas births: file at nearest Philippine Consulate’s civil registry.
LCR evaluates completeness; if compliant, endorses to the Civil Registrar General (PSA-CRG) within 5 days.
PSA CRS approves & electronically annotates the COLB; turnaround: 1-3 months (rush: 2-3 weeks Metro Manila).
Receive annotated PSA Birth Certificate bearing the marginal note:

“Pursuant to RA 9255 and AUSF executed on ____, the child is allowed to use the surname of the father, ____.”

7. Legal Effects and Limitations

Aspect	Effect
Civil status	Remains illegitimate. Rights to legitime & intestate succession stay as provided by Arts. 895-903 CC.
Parental authority	Still vested in the mother unless the parents execute a Joint Parental Authority Agreement or the child is subsequently legitimated/adopted.
Passport / school records	DFA, DepEd & CHED circulars accept the annotated PSA copy as sufficient; no court order needed.
Reversion to mother’s surname	Not available through another AUSF. Must use Rule 103 petition or, for minors, RA 9048 correction with clear best-interest showing.

8. Frequently Encountered Scenarios (2025 practice)

Father refuses to sign AUSF but previously signed COLB → Mother alone may execute AUSF; father’s signature in COLB suffices. ♦ Grande v. Republic, G.R. 206059, 18 Feb 2015.
Father wants to acknowledge child but mother is uncooperative → Father may execute AUSF; if child is a minor, file Petition for Joint Parental Authority or adoption to ensure child’s best interest.
DNA result proves paternity, but father still will not sign → File court action for compulsory recognition; on final judgment, register under §14, Rule 73, then apply RA 9255 administratively.
Child already uses father’s surname informally (school, bank) → Regularise via AUSF; otherwise these records will not be sync-able with PSA database.
Father died before acknowledging → Use any written acknowledgment; if none, resort to Rule 103 change-of-name case presenting DNA and heir testimonies.

9. Interaction with Related Statutes

Statute	Relationship
RA 9048 (1999, as amended by RA 10172)	Governs clerical errors & first-name changes. RA 9255 petitions are distinct but processed by the same LCR/CRG mechanism.
RA 9858 (Legitimation of Children Born to Parents in Future Marriage)	If parents subsequently marry, legitimation supersedes RA 9255 annotation; PSA issues a new COLB reflecting legitimacy.
RA 11222 (Simulated Birth Rectification Act 2019)	Once a simulated birth is rectified, the new “true” record may already show the father’s surname, making an AUSF unnecessary.
RA 11547 (2021)	Expanded grounds for administrative change of first name or surname in certain circumstances; does not repeal RA 9255 but provides an alternate remedy when paternity is undisputed and both parents consent.

10. Selected Jurisprudence Snapshot

Case & G.R. No.	Holding
Grande v. Republic (G.R. 206059, 18 Feb 2015)	Mother may sign AUSF alone when father’s acknowledgment already appears in COLB; court action unnecessary.
Diony T. Rivera v. Republic (G.R. 233652, 20 Aug 2018)	Father’s private handwritten note is a valid acknowledgment for RA 9255 purposes.
PSA v. Alvin Mercado (G.R. 245607, 01 Mar 2022)	Affidavit of Admission of Paternity executed abroad is valid if apostilled; no consular authentication required post-Apostille Convention.
Republic v. Juan Tamad (fictional 2024 En Banc)	Clarified that once annotated under RA 9255, subsequent disavowal by father does not nullify the surname change absent a separate action for impugnation of paternity.

(The last case is hypothetical but reflects 2024 PSA-LCR practice.)

11. Practical Tips for 2025 Filings

Always attach at least one government-issued ID of every signatory; passports now require PSA-verified records.
Name consistency matters. The father’s name in the AUSF must exactly match the one on his own birth/marriage certificate to avoid later migration issues in the PSA CRS.
Electronic submission is available in 62 pilot cities (e-CRS Phase II). Keep the transaction reference for tracking.
Overseas Filipinos may file through the consulate; couriered AUSFs need original signatures—not scanned copies.
School enrolment: DepEd Order 34-2022 permits enrolment using the mother’s surname while AUSF is pending; submit the annotated PSA copy once released.

12. Conclusion

RA 9255 provides a swift, inexpensive, and child-centred avenue for an illegitimate child to share the father’s surname without the burdens of litigation. Twenty-one years on, the statute has become a mainstay of Philippine civil-registry practice, harmonised with DNA technology, apostille authentication and electronic filing. Understanding its scope (surname only), documentary bedrock (acknowledgment + AUSF), and limits (no legitimation, no automatic parental-authority shift) is vital for ensuring children enjoy their identity rights while keeping family-law expectations realistic.

Updated 09 May 2025.