Paternity Documentation Requirements for a U.S. Passport Application

Philippine context — what to prepare, why it matters, and how to avoid rework

Big picture: When a child applying in the Philippines claims U.S. citizenship at birth through a U.S. citizen (USC) father, the U.S. Embassy/Consulate must see (1) proof the child is a U.S. citizen, (2) proof of the parent-child relationship (paternity if the father is the USC or is the presenting parent), and (3) proper parental consent for a minor. Exactly which papers you need depends on marital status at birth, who is the USC parent, and whether the child already has a Consular Report of Birth Abroad (CRBA/FS-240).

1) Know your pathway to U.S. citizenship (drives the paternity proof)

Child already documented as a U.S. citizen
- Has a CRBA (FS-240), a prior U.S. passport, or a Certificate of Citizenship.
- Paternity requirement is minimal: show the parent-child relationship (e.g., the same FS-240 or PSA birth certificate) and parental consent for minors.
Child claiming U.S. citizenship at birth through a USC mother
- Primary question is citizenship transmission (mother’s status and physical presence) rather than paternity. Provide evidence of maternal citizenship and physical presence in the U.S. prior to birth; the PSA birth certificate proves the relationship.
Child claiming U.S. citizenship at birth through a USC father (most paternity-heavy)
- You must satisfy two buckets: (A) Blood/legal relationship between USC father and child (paternity) **(B) Father’s ability to transmit citizenship (he was a USC at birth of child, plus required U.S. physical presence before the child’s birth).
- If the child was born in wedlock to the mother and father → paternity is generally presumed; prove the marriage and the birth.
- If born out of wedlock → expect additional acknowledgment/legitimation or, if needed, DNA via Embassy procedures.

If you don’t yet have an FS-240, you can apply for CRBA + first U.S. passport together. The same paternity evidence supports both.

2) Core documents you’ll nearly always need (Philippine issuances)

PSA birth certificate (SECPA copy).
Parents’ IDs (valid government photo ID; U.S. passport for USC parent).
Parents’ marriage certificate (PSA) if married at the child’s birth; if married after the birth, bring the PSA marriage certificate and paternity/legitimation papers (see §3).
Proof of the USC parent’s status (U.S. passport, CRBA, Certificate of Naturalization/Citizenship).
Evidence of the USC parent’s U.S. physical presence before the child’s birth (see §5).
For minors: Parental consent documents (see §6).

Philippine civil status add-ons (to resolve paternity and name):

CENOMAR of the mother (to show she was unmarried at the time of birth when applicable).
Acknowledgment/ausf:
- Affidavit to Use the Surname of the Father (AUSF) and/or
- Acknowledgment of paternity under R.A. 9255 (for children born out of wedlock who use the father’s surname).
Certificate of Legitimization/Legitimation (if parents later married and you need to reflect legitimation on the PSA record).
Court orders (if there were corrections of entries, custody orders, or adoption—see §7).

3) Paternity proof by scenario (what the Embassy typically looks for)

A) Child born in wedlock to the USC father and the mother

Show: PSA birth certificate + PSA marriage certificate (marriage existed before birth).
Aim: Establish presumed paternity and marital status; then show father’s USC and U.S. presence (see §5).

B) Child born out of wedlock to a USC father (no marriage at birth)

Provide a clear, consistent package that covers both biological and legal relationship:

Biological/identity link
- PSA birth certificate naming the father or
- If father not on the PSA record: acknowledgment documents (R.A. 9255), AUSF, or a court order establishing filiation.
- If records are weak/inconsistent, the post may require DNA (see §4).
Legal acknowledgment/commitment
- Written, under-oath acknowledgment by the USC father before the child turns 18 (e.g., on the PSA record or separate notarized acknowledgment).
- In some cases, a sworn support statement is requested (affirming financial support until 18).
- If the parents married after birth and Philippine law legitimates the child by subsequent marriage, submit the PSA marriage certificate and the PSA annotation reflecting legitimation/correction.

Tip: If the father’s name is missing on the PSA birth certificate, complete R.A. 9255 acknowledgment and AUSF first so all civil documents match.

4) DNA testing (only if requested; how it works from the Philippines)

Do not do private DNA kits in advance. If paternity remains uncertain, the Embassy/Consulate may offer DNA through chain-of-custody testing by an accredited lab.
Both alleged father and child submit samples under supervision; results are sent directly to the post.
A favorable result supplements (does not replace) the need to show the USC father’s status and U.S. physical presence for citizenship transmission.

5) Proving the USC father’s ability to transmit citizenship

Regardless of marital status, you must show the father:

Was a U.S. citizen when the child was born (U.S. passport, CRBA, naturalization certificate), and
Had sufficient physical presence (or residence) in the United States before the child’s birth (exact years depend on the law at the child’s date of birth).

Practical evidence of U.S. presence (bring as many as fit the timeline):

Old and recent U.S. passports with entry/exit stamps;
School transcripts/diplomas from U.S. institutions;
Employment records or pay stubs; W-2s/1040 tax transcripts;
Lease/mortgage or utility bills;
Military records (DD-214, orders), if applicable.

Heads-up: The required number of years of U.S. presence varies by the child’s birth date and parentage. Compile a conservative, well-documented timeline—more is better.

6) Parental consent for minors applying in Manila/Cebu

Under 16: Both parents should appear and consent. If one cannot:
- Present DS-3053 (Statement of Consent) notarized by a U.S. notary or at the Embassy/Consulate; attach the non-appearing parent’s ID copy.
- If you cannot locate the other parent or there are safety issues, submit DS-5525 (Statement of Exigent/Special Family Circumstances) with strong proof (court orders, police reports, certified notices).
- Sole custody/termination of parental rights → bring the court order; this can replace the missing consent.
Age 16–17: At least one parent is expected to be aware/consenting (bring a parent/guardian or a signed consent plus contactable ID).

Name and parentage must match: If the PSA record, IDs, or prior U.S. documents show name differences, add change-of-name orders, amended PSA copies, or consistent affidavits. Avoid nicknames on forms.

7) Special cases (how to document paternity/relationship cleanly)

Later marriage/legitimation (Philippine law): If parents married after birth and you rely on legitimation, submit the PSA marriage and PSA-annotated birth certificate showing legitimation.
Adoption: A U.S. passport application after full and final adoption relies on the adoptive parent-child legal relationship (submit final decree and amended PSA birth certificate). For orphan or Hague adoptions, ensure the immigration path was completed before claiming citizenship.
Surrogacy/ART: Expect heightened proof of genetic or gestational and legal parentage (Philippine documents plus U.S. parentage law compliance). DNA and court orders are common.
Prior CRBA/passport with errors: Bring the old document and support for any corrections (amended PSA, court orders).
Alleged father deceased: Provide evidence of paternity (acknowledgment on PSA, court order; DNA from close relatives may be requested) and the father’s U.S. presence proof; include death certificate.

8) Completing the U.S. forms correctly

DS-11 (first passport for a minor or adult without a current passport): parent(s) sign in person before a consular officer.
CRBA (FS-240) application (if documenting citizenship at birth for the first time): file with the passport; bring all paternity and transmission evidence.
Photos/fees/IDs: follow the Embassy’s current specifications. Signatures must be in front of the officer; no pre-signing.

9) Philippine civil-registry housekeeping before your interview

Ensure the PSA birth certificate has the correct father’s details and the surname you intend to use.
If the father’s details are blank/wrong: finish R.A. 9255 acknowledgment (and AUSF) before the U.S. filing so your U.S. and Philippine records match.
For clerical errors (dates/names/sex), process a RA 9048/10172 correction or court order as needed; bring the amended PSA or evidence that a correction is pending (the consular officer may still require the final corrected copy).

10) What triggers requests for more evidence (RFEs) — and how to avoid them

Child born out of wedlock with no father named on PSA and no acknowledgment papers → fix with R.A. 9255 or seek DNA when offered.
Sparse U.S. presence proof for the USC father (e.g., only affidavits) → bolster with objective records (schools, jobs, taxes, military, leases).
Mismatched names/dates across PSA, IDs, forms → cure with amended records or court orders.
One parent absent with no DS-3053/DS-5525 or custody order → secure the right consent or authority first.
Private DNA reports not arranged by the Embassy → usually not accepted; wait for post-initiated testing.

11) Clean checklists

If the USC father is the transmitting parent (child born in wedlock)

USC father’s proof of citizenship (U.S. passport/CRBA/CoN/CoC)
PSA marriage certificate (pre-birth)
PSA birth certificate of child
U.S. physical presence evidence (father)
Parental consent set (DS-3053/DS-5525/court order if needed)

If the USC father is the transmitting parent (child out of wedlock)

PSA birth certificate naming father or R.A. 9255 acknowledgment + AUSF / court filiation
Written acknowledgment by father (under oath, before 18) and, if asked, support undertaking
Father’s USC proof and U.S. presence evidence
Parental consent set (if minor)
Be ready for Embassy-initiated DNA if documentary filiation is weak

If you already have a CRBA

FS-240 (original/official copy)
Child’s recent photo and IDs as needed
Consent documents (minors)

12) Practical tips (Philippines-specific)

Names must track: Make the PSA record match the surname and parents you will present to the Embassy. Fix the PSA first if corrections are simple; it saves a second interview.
Bring originals + photocopies; clip by topic (identity, paternity, transmission, consent).
Translations: If any foreign document isn’t in English, provide a certified translation.
Time your applications: If the child is under 18, CRBA is still available; pairing CRBA + passport is efficient.
Don’t over-document with affidavits when objective records exist. Officers prefer third-party records over self-serving statements.
Keep it lawful: No secret recordings or hacked messages; they can be ignored and create trouble.

13) Bottom line

For U.S. passports based on a USC father, you must prove paternity and the father’s ability to transmit citizenship.
In Philippine cases, tidy up PSA paternity and surname (R.A. 9255/AUSF or legitimation), and bring hard proof of the father’s U.S. presence.
For minors, don’t forget parental consent forms or custody orders.
If documents don’t quite prove biology, expect Embassy-arranged DNA—and only that kind.

This guide is for general information and planning. Exact evidentiary thresholds can vary by birth date and facts; prepare broadly and organize your file so the officer can find “paternity, transmission, and consent” at a glance.