In the Philippines, the surname of a child is governed primarily by the Family Code and Republic Act No. 9255. Historically, illegitimate children—those born outside of a valid marriage—were strictly required to use the surname of their mother. However, RA 9255, enacted in 2004, amended Article 176 of the Family Code, allowing illegitimate children to use the surname of their father if certain conditions of recognition are met.
1. Legal Basis and Scope
Under the law, a child is entitled to use the father's surname if the father has expressly recognized the child. This recognition can be made through:
- The record of birth (signing the birth certificate).
- An Affidavit of Admission of Paternity (AAP).
- A Private Handwritten Instrument (PHI), which is a document written and signed by the father himself.
Important Note: Allowing a child to use the father's surname under RA 9255 does not change the child's status from "illegitimate" to "legitimate." It only changes the surname. Legitimation occurs only if the parents were not disqualified from marrying each other at the time of conception and subsequently enter into a valid marriage.
2. Essential Documents
The procedure varies depending on when the recognition occurs, but the following documents are generally central to the process:
| Document | Purpose |
|---|---|
| Affidavit of Admission of Paternity (AAP) | A legal document where the father formally admits he is the biological father of the child. |
| Affidavit to Use the Surname of the Father (AUSF) | An affidavit executed by the mother (or the child if they are 7–17 years old) expressing the desire to use the father's surname. |
| Private Handwritten Instrument (PHI) | A handwritten note by the father admitting paternity, used if the father is deceased or unavailable to sign an AAP. |
| Certificate of Live Birth (COLB) | The original birth record that will be annotated with the new surname. |
3. The Procedure
Scenario A: At the Time of Birth
If the father is present and willing to recognize the child at the time of birth, the process is integrated into the birth registration.
- The father signs the "Affidavit of Admission of Paternity" located on the back of the Certificate of Live Birth (COLB).
- The mother (or guardian) executes the AUSF.
- Both documents are filed with the Local Civil Registrar (LCR) where the birth occurred.
Scenario B: After the Birth has been Registered (Administrative Change)
If the child was originally registered under the mother’s surname and the father later decides to recognize the child, an annotation process is followed.
- Execution of Affidavits: The father executes the AAP. The mother or child executes the AUSF.
- Filing with LCR: The documents are submitted to the LCR of the place of birth. If the birth happened abroad, it is filed with the Philippine Consulate or the Office of the Civil Registrar General (OCRG) in Manila.
- Payment of Fees: Filing fees for the petition and the certification of documents must be settled.
- Verification: The LCR examines the authenticity and consistency of the documents.
- Annotation: Once approved, the LCR will not issue a new birth certificate but will instead annotate the original birth certificate. The remark will state that the child is now authorized to use the father's surname pursuant to RA 9255.
4. Age-Specific Rules for the AUSF
The Revised Rules and Regulations Governing the Implementation of RA 9255 (2016) established specific rules for who executes the Affidavit to Use the Surname of the Father:
- Children 0 to 6 years old: The mother or guardian must execute the AUSF.
- Children 7 to 17 years old: The child must execute the AUSF, but it must be accompanied by an Attestation of the Mother (or guardian).
- Children 18 years and older (Adults): The child executes the AUSF personally; the mother’s attestation is no longer required.
5. Limitations and Special Cases
If the Father Refuses to Recognize the Child
If the father does not sign the birth certificate or an AAP, and no PHI exists, the mother cannot unilaterally change the child's surname to the father's via the LCR. In this case, a Petition for Compulsory Recognition must be filed in court. Only after a court issues a final judgment of paternity can the surname be changed.
Children Born Before 2004
RA 9255 has retroactive effect. Children born before the law's enactment (prior to March 19, 2004) who were registered under the mother's surname may still avail of the benefits of the law, provided they follow the annotation procedure.
Changing the First Name
It is important to distinguish between changing a surname (via RA 9255) and changing a first name. Changing a first name or correcting clerical errors in the birth certificate requires a different process under RA 9048 (Administrative Correction of Entries).
6. Summary Checklist for Applicants
To ensure a smooth application at the Local Civil Registrar, prepare the following:
- Certified True Copy of the Child's Birth Certificate.
- Original and copies of the AAP (if not signed on the back of the COLB).
- Original and copies of the AUSF.
- Valid Government IDs of both parents.
- Recent 2x2 photographs of the child (if applicable for certain LCR requirements).
- Filing fees (rates vary per municipality).