(Philippine legal context; general information, not a substitute for advice on a specific case.)

1) Why paternity matters when parents aren’t married

In the Philippines, a child’s rights to support, inheritance, use of surname, and certain aspects of custody/parental authority often turn on whether the child’s filiation (legal parent–child relationship) is established. For unmarried parents, the child is generally classified as illegitimate (unless later legitimated), and the law sets specific rules on how paternity is признed or proven and how support is demanded and enforced.

Key governing laws and rules include:

Family Code of the Philippines (Executive Order No. 209, as amended) – especially on filiation, parental authority, and support (Arts. 172–176; 194–208; 209–213, among others).
Republic Act No. 9255 – allows an illegitimate child to use the father’s surname if paternity is acknowledged and requirements are met (amending Family Code Art. 176).
Rules of Court / Family Court procedures – actions for support, custody, visitation, and provisional relief.
Supreme Court Rule on DNA Evidence (A.M. No. 06-11-5-SC) – governs DNA testing as evidence in paternity-related disputes.

2) Legal status of the child: legitimate, illegitimate, and legitimated

A. Illegitimate child (common for unmarried parents)

A child conceived and born outside a valid marriage is generally illegitimate. The child’s status affects:

Surname use (default is mother’s surname, with exceptions under RA 9255),
Parental authority (generally the mother, under current doctrine and statute),
Inheritance shares (illegitimate children generally receive a legitime that is half of that of a legitimate child, subject to the specifics of succession law).

B. Legitimation (possible in some cases)

If the parents later marry each other, a child may become legitimated only if, at the time of the child’s conception, the parents were not disqualified from marrying each other (for example, neither was validly married to someone else and no legal impediment existed). Legitimation can significantly change the child’s legal status.

3) Establishing paternity (filiation) for unmarried parents

A. Voluntary recognition (the simplest route)

Paternity may be established by the father’s recognition/acknowledgment, typically shown through any of the following (Family Code framework):

Record of birth (birth certificate) where the father is properly indicated and the recognition requirements are met;
A public document acknowledging paternity;
A private handwritten instrument signed by the father acknowledging the child.

In practice, recognition is often done through civil registry documents and affidavits used for birth registration and subsequent annotation.

B. When the father’s name is not on the birth certificate

If the birth record does not reflect the father (or he refuses to recognize the child), paternity can still be established through:

Judicial action to prove filiation (a court case asking the court to declare the father-child relationship), often paired with a claim for support; and/or
DNA evidence, when appropriate and ordered/allowed under court rules.

C. What evidence can prove paternity in court

Courts may consider a range of evidence, such as:

Written acknowledgments, messages, letters;
Photos, public/social recognition of the child as his own;
Proof of relationship with the mother around conception;
Financial support given (though support alone is not always conclusive);
Testimony of witnesses;
DNA testing (highly persuasive when properly obtained and presented).

DNA evidence: The court may order DNA testing, set conditions, and evaluate results under the Supreme Court’s DNA rules. Refusal to cooperate may be weighed by the court, depending on circumstances and due process.

D. Timing and who may file

Common plaintiffs include:

The child (through a parent/guardian if a minor),
The mother in certain actions on behalf of the child,
In some situations, the child’s representatives/heirs where legally permitted.

Rules on prescription (time limits) and whether an action can proceed after the alleged father’s death are technical and fact-dependent. In general, it is best to act as early as possible, especially while the alleged father is alive and evidence is readily available.

4) The child’s right to support (and the parent’s obligation)

A. Support is a right of the child, not a “favor”

Under the Family Code, parents are obliged to support their children, whether legitimate or illegitimate. This obligation is rooted in law and public policy.

B. What “support” includes

“Support” is broader than food. It generally includes:

Food and daily necessities,
Shelter and clothing,
Medical and dental needs,
Education (including school expenses) consistent with the family’s circumstances,
Transportation and other essentials as justified by the child’s situation.

C. How much support is required

Support is generally:

Proportionate to the resources/means of the giver, and
Proportionate to the needs of the recipient child.

Support is not fixed forever. It can be increased or reduced if circumstances change (e.g., job loss, illness, increased school costs).

D. When support becomes “demandable” and whether it can be retroactive

A practical (and often litigated) point: support is commonly treated as demandable from the time of judicial or extrajudicial demand (for example, a written demand letter, or filing the case). Courts may also address reimbursement of certain necessary expenses already advanced, depending on proof and equities.

5) If paternity is disputed, can support still be ordered?

Yes—courts can issue provisional support while the case is ongoing, especially where the child’s needs are urgent and there is some prima facie basis for the claim. Family courts are empowered to issue provisional orders (including support and custody arrangements) to protect children during litigation.

In many cases, a petition will be styled as:

Action to establish filiation with support, or
Action for support with incidental determination of paternity, depending on the facts and pleadings.

6) Enforcing child support: practical legal remedies

If a parent refuses to pay:

File a case for support (and, if needed, filiation).
Ask for provisional support early in the proceedings.
Once a support order exists, enforcement can include:
- Writ of execution (to collect from assets),
- Garnishment (where applicable),
- Contempt proceedings for willful disobedience of court orders (subject to procedural safeguards).

A. Can a barangay settlement be required first?

Some family-related disputes may go through barangay conciliation, but many family court actions—especially those requiring urgent relief or involving status and rights of children—often proceed directly to court or fall within exceptions. Because this can vary by circumstance, parties commonly consult counsel or file directly when urgency exists (support, custody, protection).

B. Protection orders and economic abuse (where applicable)

In certain situations involving violence, intimidation, harassment, or controlling behavior, a parent (usually the mother) may have remedies under laws on violence against women and children, and courts can include financial support provisions in protection orders when the legal requirements are met.

7) Custody, visitation, and parental authority when parents are unmarried

A. Parental authority (who has legal decision-making power)

For illegitimate children, the law and prevailing doctrine generally place parental authority with the mother. This covers major decisions affecting the child’s welfare.

That said, the father is not “automatically irrelevant.” He may seek:

Visitation / parenting time, and in exceptional cases,
Custody or shared arrangements, if the mother is unfit or if circumstances strongly justify it under the best interests of the child standard.

B. Custody of children under seven

Philippine jurisprudence traditionally applies the principle that children below seven are generally better off with the mother, unless compelling reasons exist to separate the child from her (e.g., neglect, abuse, severe unfitness). This is a strong presumption but not absolute.

C. Visitation rights of an unmarried father

Even when parental authority lies with the mother, courts often recognize a child’s interest in maintaining a relationship with the father, so long as it is safe and beneficial. Visitation can be:

Scheduled (weekends/holidays),
Supervised (if there are safety concerns),
Conditioned on conduct (no harassment, no substance abuse, etc.).

D. Can the mother block contact because the father isn’t paying?

Nonpayment of support is serious, but visitation and support are generally treated as separate issues because both relate to the child’s welfare. Courts avoid “hostage” dynamics and instead structure orders that protect the child: enforce support through legal remedies and regulate contact through custody/visitation orders.

8) The child’s surname and birth registration under RA 9255

A. Default rule

An illegitimate child generally uses the mother’s surname.

B. Using the father’s surname (RA 9255)

The child may use the father’s surname if:

Paternity is acknowledged by the father, and
The applicable civil registry requirements are complied with (often through affidavits and annotation of the birth record).

Important: Using the father’s surname does not automatically make the child legitimate. It primarily affects the name reflected in records.

9) Other major rights tied to paternity

A. Inheritance rights

Illegitimate children have inheritance rights from their parents, but their compulsory share (legitime) is generally less than that of legitimate children under succession rules. Exact shares depend on who else survives (spouse, legitimate children, parents, etc.), the estate size, and whether there are wills.

B. Benefits, insurance, and recognition

Established filiation can affect eligibility for:

Government and employer benefits,
Insurance beneficiary claims,
Dependency recognition (SSS/GSIS/PhilHealth or private plans, depending on rules),
Immigration/citizenship documentation in cross-border contexts.

10) Common real-world scenarios and how the law typically treats them

Scenario 1: Father denies the child and gives no support

Typical remedy: File an action to establish filiation + support, seek DNA testing if needed, request provisional support.

Scenario 2: Father acknowledges the child but won’t pay regularly

Typical remedy: Action for support (and enforcement). Once there is a court order, remedies become much stronger.

Scenario 3: Mother won’t allow the father to see the child

Typical remedy: Father files for visitation, sometimes with interim arrangements. Court applies best interests of the child.

Scenario 4: Father wants the child to use his surname

If paternity is acknowledged and requirements are met, the birth record can be annotated and the child may use the father’s surname under RA 9255 procedures.

11) Practical steps (non-technical roadmap)

Document everything: proof of relationship, communications, expenses for the child, prior support, acknowledgment statements, etc.
Make a clear written demand for support (often useful for later proceedings).
If paternity is not formally established, consider filing a filiation + support case rather than support alone.
Ask early for provisional support and, where relevant, temporary custody/visitation orders.
If there are safety issues (harassment, threats, abuse), consider legal protective remedies.

12) Key principles courts repeatedly emphasize

The child’s best interests are paramount in custody/visitation matters.
Support is a legal obligation; a child should not suffer because parents conflict.
Filiation can be proven through law-recognized documents and, when appropriate, DNA evidence.
Parental authority rules for illegitimate children typically place authority with the mother, while still allowing the father to seek appropriate contact and, in exceptional cases, custodial relief.

If you tell me a fact pattern (e.g., father’s name on the birth certificate or not, the child’s age, any acknowledgment documents, whether there’s an existing court order, and the kind of support/visitation sought), I can map the likely legal route and the usual filings and evidence used in Philippine family courts.