Passport Requirements for an Illegitimate (Out-of-Wedlock) Child
Philippine legal framework as of 25 May 2025
1. Governing Statutes & Regulations
| Source of law | Key points for illegitimate minors |
|---|---|
| Family Code of the Philippines – Art. 176 | The child bears the mother’s surname and she alone exercises parental authority unless a court orders otherwise. (Lawphil) |
| Republic Act 9255 (2004) | Lets an acknowledged illegitimate child use the father’s surname, but does not transfer custody; extra documents prove paternal recognition. (Lawphil) |
| Republic Act 9858 (2009) | Children of parents below marrying age may be legitimated without a subsequent marriage; annotated PSA birth certificate is required. (Lawphil) |
| Republic Act 11222 (2019) | Rectifies simulated births; the Order of Adoption plus the new PSA birth certificate must accompany the passport application. |
| New Philippine Passport Act – RA 11983 (2024) | Repeals RA 8239. Sec. 5(g): a non-parent filer must present a Special Power of Attorney (SPA) from the person holding parental authority. Sec. 12: passports issued to minors are valid five years. (Lawphil, RESPICIO & CO.) |
| DFA 2025 Minor Passport Rules (implementing RA 11983) | Consolidates documentary checklists, retaining the long-standing distinctions for illegitimate children. (Department of Foreign Affairs, Department of Foreign Affairs) |
| DSWD Administrative Order 12 s. 2017 | Regulates travel clearance, not the passport, but often triggered when an illegitimate minor travels without the mother. (old.dswd.gov.ph) |
2. Who May File & Sign the Passport Application
Mother (default rule) – Her personal appearance and government-issued ID suffice. Supreme Court jurisprudence confirms her exclusive authority (e.g., Bocaling v. Bocaling, G.R. 156343 [2004]). (Lawphil)
Father – Allowed only if any of the following is shown:
- a notarised Affidavit of Support and Consent with SPA executed by the mother (apostilled if abroad) (newyorkpcg.dfa.gov.ph);
- a Philippine court order granting him sole or joint custody; or
- the child has already been legitimated/adopted, transferring parental authority to him.
Other Adult/Guardian – Must bring:
- SPA from the mother or court order of guardianship;
- DSWD Travel Clearance if the mother will not accompany the child abroad. (Department of Foreign Affairs)
Practice tip: Under RA 11983 § 5(g) the SPA must be specific to the passport application; a generic power is rejected at DFA counters. (RESPICIO & CO.)
3. Core Documentary Requirements (All Illegitimate Minors)
- Confirmed DFA online appointment and personal appearance of the minor.
- PSA-issued birth certificate (original; must already show any RA 9255 or legitimation annotation).
- Valid ID/passport of the accompanying mother/authorized adult.
- Passport application form (automatically generated once the appointment is booked).
- Passport/ID of the accompanying adult (if other than mother) + their SPA / court authority.
- Applicable DSWD travel clearance when travelling without the mother.
These core items appear in every DFA and Philippine consulate checklist. (Department of Foreign Affairs, Department of Foreign Affairs, newyorkpcg.dfa.gov.ph)
4. Additional Documents by Scenario
| Scenario | Add-ons |
|---|---|
| Child uses father’s surname under RA 9255 | (a) PSA birth certificate with “Acknowledged by…” annotation or annotation of AUSF; (b) father’s notarised AUSF/affidavit of paternity if recognition was after birth. (Lawphil) |
| Mother cannot appear (working overseas, deceased, whereabouts unknown) | (a) SPA or death certificate, and (b) court-issued guardianship order or DSWD clearance naming guardian. (Department of Foreign Affairs) |
| Father granted custody by court | Certified true copy of the custody judgment + Certificate of Finality. |
| Legitimation (subsequent valid marriage – Family Code arts. 178-180) | PSA birth certificate annotated “Legitimated by subsequent marriage of parents dated ____.” The child is now legitimate, so the standard “legitimate-minor” checklist applies. |
| Legitimation under RA 9858 | PSA birth certificate annotated per RA 9858 + ID of both parents. (Lawphil) |
| Domestic or inter-country adoption | (a) Decision or Order of Adoption & Certificate of Finality; (b) PSA-issued amended birth certificate. (Philippine Consulate General Houston) |
| Simulated-birth rectification (RA 11222) | Order of Administrative Adoption + new PSA birth certificate. |
| Child born abroad but acknowledged only by mother | (a) PSA-certified Report of Birth; (b) mother’s Philippine passport/ID; (c) if dual citizen via BI recognition, the child’s Identification Certificate. (Respicio & Co.) |
5. Validity, Processing Time & Fees
- Validity: 5 years for applicants below 18 (RA 11983 § 12). (Lawphil)
- Fees (2025): PHP 950 – regular (12 working days); PHP 1 ,200 – express (6 working days) within Metro Manila; add courier charges if opting for door-to-door delivery.
- Priority/Courtesy Lanes: Illegitimate minors aged 7 and below may still queue in senior-citizens/PWD lanes when accompanied by the mother, per DFA advisories. (Lawphil)
6. Travel Clearance vs. Passport
The passport only establishes nationality and identity. A separate DSWD Travel Clearance is required when an illegitimate child travels without the mother or the court-authorized guardian—even if the father accompanies the child—because the mother holds parental authority as a matter of law. (old.dswd.gov.ph)
7. Frequently-Asked Questions
| Question | Short answer |
|---|---|
| Can the father’s signature alone suffice on the DFA form? | Not unless he has an SPA from the mother or a custody order. (newyorkpcg.dfa.gov.ph) |
| Does RA 9255 automatically give the father custody? | No; it affects only the surname. Parental authority stays with the mother until legitimation or court award. (Lawphil) |
| If the mother is abroad, must the SPA be apostilled? | Yes, if executed outside the Philippines. Acceptable alternatives: SPA notarised at a Philippine embassy/consulate or Philippine-issued SPA sent by courier. (newyorkpcg.dfa.gov.ph) |
| What if both parents are abroad and the child is in the Philippines? | Either parent may execute an apostilled SPA designating a Philippine-based adult relative; that guardian then appears with the child and submits the SPA and DSWD clearance. |
8. Jurisprudence Snapshot
- Bocaling v. Bocaling (2004) – mother’s custody is exclusive absent court intervention. (Lawphil)
- Grande v. Antonio (2019) – RA 9255 does not undo Art. 176’s grant of parental authority to the mother. (Lawphil)
- Cabutotan v. Rufon (2021) – court may award custody to the father for the best interest of the child, but order must be explicit. (Lawphil)
Practical Checklist (print-friendly)
- Book DFA appointment for minor applicant.
- Gather CORE documents (birth certificate, IDs).
- Identify who will accompany the child and obtain SPA/court order if not the mother.
- For RA 9255, legitimation, adoption or simulated-birth cases – secure annotated PSA certificate.
- Apostille or consular-notarise any foreign-executed documents.
- If travelling without the mother, apply for DSWD travel clearance once passport is issued.
Disclaimer
This article is for general information only and does not constitute legal advice. Rules are current through DFA guidelines issued May 2025; applicants should always verify the latest checklists with the nearest DFA Consular Office or Philippine Embassy before filing.