Passport Application for Illegitimate Children in the Philippines: Middle Name and PSA Requirements

Updated for the Philippine legal framework as of recent years. This article explains the rules on a minor’s surname and middle name, what the Philippine Statistics Authority (PSA) must issue, and what the Department of Foreign Affairs (DFA) typically requires when processing a passport for an illegitimate child (i.e., a child born to parents not married to each other).

I. Governing Laws and Agencies

Primary laws and rules

Family Code (Art. 176, as amended): governs surname rights of illegitimate children and parental authority.
Republic Act No. 9255 (2004): allows an illegitimate child to use the father’s surname if certain conditions are met.
Republic Act No. 9048 (2001) and RA 10172 (2012): administrative correction of clerical/typographical errors (including day/month of birth and sex), not used to switch to the father’s surname (that’s RA 9255).
RA 9858 (2009): legitimation by subsequent marriage of the parents; once legitimate, surname/middle-name rules follow legitimacy.

Key agencies

PSA: issues birth certificates and annotations (e.g., RA 9255, legitimation, court orders).
Local Civil Registry (LCR): receives Affidavits and supporting documents for civil registry acts/annotations prior to PSA issuance.
DFA: implements passport rules; follows the PSA record as the “single source of truth” for a child’s name and civil status.
DSWD: issues Travel Clearance in situations where a minor travels abroad unaccompanied by a parent with parental authority.

II. Surname and Middle Name Rules for Illegitimate Children

A. Default rule (no RA 9255/AUSF)

Surname: the mother’s surname.
Middle name: generally none. An illegitimate child using the mother’s surname does not ordinarily carry a middle name. (Some older local practices attempted to insert a middle name, but DFA and PSA practice default to no middle name unless the child uses the father’s surname per RA 9255.)
Parental authority: the mother exclusively.

B. When the child uses the father’s surname (RA 9255)

To lawfully use the father’s surname, two things must happen:

Acknowledgment by the father (e.g., Affidavit of Adjudication of Paternity/Admission of Paternity, or similar), and
A formal Affidavit to Use the Surname of the Father (AUSF), processed at the LCR and then transmitted/annotated at the PSA.

Name structure once RA 9255 is properly annotated:

Surname: the father’s surname.
Middle name: the mother’s surname becomes the child’s middle name.
Parental authority: still the mother (RA 9255 does not transfer parental authority).

Practical effect: DFA will mirror whatever the PSA birth certificate with annotation says. If the PSA record shows the father’s surname via RA 9255, the child’s middle name should appear as the mother’s surname.

C. After legitimation (RA 9858) or court recognition/adoption

Legitimation by subsequent marriage: once annotated by the PSA, the child becomes legitimate; surname and middle-name rules follow those for legitimate children (i.e., father’s surname; mother’s maiden surname as middle name).
Court decisions (e.g., recognition, adoption, change of name): DFA follows the PSA-annotated record reflecting the judgment.

III. The PSA Record Is Decisive

DFA passport data must conform to the PSA-issued birth certificate (on security paper) and its annotations. For name questions (especially middle name and surname), DFA examiners check:

PSA Birth Certificate (SECPA):
- If illegitimate using mother’s surname: expect no middle name on the PSA record.
- If RA 9255 is in effect: expect annotation and the name structure [Given + Mother’s surname as middle name + Father’s surname].
PSA Annotation pages (if any): RA 9255/AUSF, legitimation, or court orders must be reflected on the PSA record.
Consistency: The passport must copy the PSA name exactly (spelling, order, spaces/hyphens, and presence/absence of a middle name).

Important: A newly executed AUSF at the LCR doesn’t automatically appear on PSA’s national record. DFA will ordinarily require the PSA-issued certificate with the annotation already printed/attached. If the PSA has not yet released the annotated certificate, the passport application may be placed on hold until the annotated PSA document is available.

IV. Who Must Appear and Give Consent at DFA

Illegitimate minor (below 18): the mother has sole parental authority and must personally appear and give consent.
If the mother cannot appear: DFA typically requires a Special Power of Attorney (SPA) from the mother authorizing a specific adult to accompany the child, plus IDs and proof of relationship.
If traveling abroad with the father (who has no parental authority over an illegitimate child): the DFA can issue the passport if the mother consents to the application. For the actual travel, the DSWD Travel Clearance and/or a notarized consent from the mother may be required (see Part VII).

V. DFA Documentary Requirements (Typical)

DFA updates its checklists from time to time, but the backbone remains consistent: PSA-backed identity and status, plus parental consent.

A. Core documents for an illegitimate minor using the mother’s surname

PSA Birth Certificate (SECPA).
Valid government-issued ID of the mother (with photocopy).
Proof of filiation/relationship if names differ on IDs.
Personal appearance of the child and the mother.
Additional: If there are discrepancies (typos, wrong dates, etc.), provide LCR-issued certifications or corrections under RA 9048/10172 duly annotated by PSA.

B. Core documents for an illegitimate minor using the father’s surname (RA 9255)

PSA Birth Certificate with RA 9255 annotation (and, where applicable, PSA copies/notations of the Admission of Paternity and AUSF).
Valid ID of the mother and personal appearance of child and mother.
If the father accompanies the child to DFA: his valid ID may be presented, but mother’s consent remains essential for an illegitimate child.

C. After legitimation/court orders

PSA Birth Certificate with the legitimation or court order annotation (or PSA-issued Certification of Finality/annotation page as applicable).
IDs and appearances as above.
Any additional DFA-requested supporting papers (e.g., the court decision’s relevant pages) if the PSA annotation is very recent or there are inconsistencies.

VI. Middle Name on the Passport

DFA copies exactly what appears on the PSA record.
No middle name if the child is illegitimate and keeps the mother’s surname.
Mother’s surname as the middle name if the child is illegitimate but validly uses the father’s surname via RA 9255 (properly annotated by PSA).
After legitimation: middle name follows the mother’s maiden surname, and surname is the father’s—again, as reflected on the PSA.

If the PSA carries no middle name, DFA will not insert one. If PSA shows a middle name inconsistent with law/practice, resolve it first with the LCR/PSA (e.g., through proper annotation/correction) before applying for a passport.

VII. DSWD Travel Clearance and Consent for Travel

This is separate from the passport but commonly encountered:

Who needs DSWD Travel Clearance? Minors traveling without either parent, or with a person other than the parent exercising parental authority, usually need a DSWD Travel Clearance.
Illegitimate child traveling with the father: because the mother holds sole parental authority, the father is treated as “non-parent with authority” for travel purposes. The child will typically need the mother’s notarized consent and often a DSWD Travel Clearance.
Illegitimate child traveling with the mother: generally no DSWD clearance required (other standard immigration requirements still apply).
Additional consents may be requested by airlines or foreign embassies/consulates; carry originals and copies.

VIII. Common Edge Cases and How to Handle Them

AUSF filed but PSA annotation not yet available
- DFA typically waits for the PSA annotated birth certificate. Expedite the PSA process at the LCR/PSA before booking a DFA appointment, if time-sensitive.
Different spellings or sequence of names between PSA and school/medical IDs
- Passport will follow PSA. Bring supporting IDs and, if needed, Affidavit of Discrepancy and/or PSA/LCR certifications.
Mother’s absence (overseas or incapacitated)
- Provide a duly notarized SPA (and if executed abroad, usually consularized/apostilled) authorizing a specific adult to accompany the child at DFA and to consent.
Legitimation/court order recently issued
- Ensure the PSA annotation appears. DFA usually requires the PSA-annotated copy, not just the LCR or court papers.
Late registration of birth
- Submit the PSA birth certificate after LCR registration plus any LCR supporting documents (e.g., Negative Certification of Birth, joint affidavit of two disinterested persons, etc., as the LCR required). DFA will rely on the PSA-issued record.
Hyphenated/compound surnames
- DFA follows exactly the PSA spelling (including hyphens). Ensure consistency across IDs and forms.

IX. Practical Checklists

A. If the child uses the mother’s surname (no RA 9255)

PSA Birth Certificate (SECPA) — no middle name expected
Mother’s valid government ID (photocopy)
Child and mother appear at DFA
If discrepancies: PSA/LCR certifications and corrections (RA 9048/10172)

B. If the child uses the father’s surname (RA 9255)

PSA Birth Certificate with RA 9255 annotation (AUSF/AAP reflected)
Mother’s valid ID and presence for consent
Child’s presence
If the father is present: his valid ID (optional, helpful but not a substitute for the mother’s consent)

C. If legitimated or court-ordered change

PSA Birth Certificate with the proper annotation
IDs/appearances as required
Bring certified copies of the decision/order if DFA asks for additional verification

D. For travel (post-passport)

If the child will travel without the mother (the parent with authority):
- Mother’s notarized consent; and
- DSWD Travel Clearance where applicable.

X. Frequently Asked Questions

1) Can DFA add a middle name if the PSA birth certificate has none? No. The DFA mirrors the PSA. Fix the civil registry record first at LCR/PSA.

2) Can the father file the passport application for an illegitimate child by himself? Ordinarily no. The mother must consent and usually must appear. If she cannot, she may issue a SPA authorizing another adult.

3) We executed the AUSF; why won’t DFA accept our documents yet? DFA typically requires the PSA-annotated birth certificate. Follow up with LCR/PSA until the annotation appears on the PSA record.

4) After legitimation, do we need to reapply for a passport? If you want the passport to reflect the new name/status, apply for a passport renewal/reissue with the PSA-annotated documents.

5) Does an illegitimate child ever have a middle name? Yes—if the child validly uses the father’s surname (RA 9255 or legitimation). The mother’s surname then becomes the middle name.

XI. Practical Tips

Start at the civil registry: If the intended surname is the father’s or there’s a legitimation/court order, complete the LCR/PSA process first so the PSA certificate is ready before the DFA appointment.
Match IDs and forms exactly to the PSA name.
Bring originals and photocopies of IDs and civil registry documents.
Plan for DSWD requirements early if the travel companion will not be the mother.

XII. Summary

For passport purposes, the PSA birth certificate and its annotations control the child’s name and status. An illegitimate child:

Using mother’s surname → no middle name; mother has sole parental authority; mother’s appearance/consent required.
Using father’s surname via RA 9255 → mother’s surname becomes the middle name; still mother’s parental authority; PSA must show the annotation before DFA can encode the name.
After legitimation/court orders → follow the PSA-annotated record.

When in doubt, correct/annotate at LCR/PSA first, then apply at DFA. For travel abroad without the mother, anticipate DSWD Travel Clearance and notarized consents.