In the Philippines, the legal status and surname of a child born out of wedlock are governed primarily by the Family Code of the Philippines and Republic Act No. 9255, which amended Article 176 of the Family Code.
Under the current law, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through specific legal instruments.
1. Primary Methods of Acknowledgment
A father can acknowledge a child through any of the following "Acts of Recognition":
- The Birth Certificate: By signing the "Affidavit of Admission of Paternity" located on the back of the Certificate of Live Birth (COLB) at the time of birth.
- A Private Handwritten Instrument: A document written and signed entirely by the father (holographic) where he explicitly admits paternity.
- An Affidavit of Admission of Paternity (AAP): A separate sworn statement executed before a notary public.
- The Affidavit of Acknowledgment: Usually executed if the birth has already been registered without the father's name.
2. Required Documents for Registration
The specific paperwork depends on whether the acknowledgment happens at the time of birth or years later.
A. If Acknowledgment is done at the time of Birth
- Certificate of Live Birth (COLB): With the "Affidavit of Admission of Paternity" section duly accomplished and signed by the father.
- Affidavit to Use the Surname of the Father (AUSF): Under R.A. 9255, even if the father admits paternity, the child does not automatically take his surname. The mother (if the child is 0–6 years old) or the child (if 7–17 years old, with parental attestation) must execute this document.
B. If Acknowledgment is done after the Birth is Registered
- Certified True Copy of the Child’s COLB: Issued by the Local Civil Registrar (LCR) or the Philippine Statistics Authority (PSA).
- Affidavit of Admission of Paternity (AAP): If the father’s name was left blank in the original registration.
- Affidavit to Use the Surname of the Father (AUSF): This is the crucial document that triggers the change of surname from the mother’s to the father’s.
- Valid Government IDs: Of both parents.
- Certificate of Registration: Issued by the LCR once the documents are processed.
3. The Role of the AUSF (R.A. 9255)
The Affidavit to Use the Surname of the Father is the mechanism that allows the child to drop the mother's maiden name as a surname. The signatories for the AUSF vary by the child's age:
| Age of Child | Who Executes the AUSF? |
|---|---|
| 0 to 6 years old | The Mother or Guardian |
| 7 to 17 years old | The Child (with an "Attestation" signed by the Mother) |
| 18 years and older | The Adult Child (no mother’s consent required) |
4. Administrative Process and Fees
- Filing: Documents are filed at the Local Civil Registry Office (LCRO) of the city or municipality where the birth occurred.
- Verification: The Civil Registrar examines the authenticity of the signatures.
- Annotation: The LCR will not issue a new birth certificate. Instead, they will annotate the original birth certificate. The remark will state that the child is now using the father's surname pursuant to R.A. 9255.
- PSA Submission: The LCRO forwards the annotated document to the Philippine Statistics Authority for electronic updating.
5. Important Legal Limitations
- The "Middle Name" Issue: When an illegitimate child switches to the father's surname, the mother’s maiden surname typically becomes the child's middle name.
- Irrevocability: Once a father acknowledges a child in a public or signed private document, the acknowledgment is generally irrevocable unless proven to be fraudulent.
- Compulsion: A father cannot be physically forced to sign an affidavit of acknowledgment. If he refuses, filiation must be proven through a judicial process (a court case for Compulsory Recognition) using DNA evidence or other proofs of filiation.