In the Philippines, birth registration is a fundamental right that establishes a person's legal identity and citizenship. When a birth is not reported within the standard 30-day period from the time of delivery, it is classified as a Delayed Registration of Birth. This process becomes more complex when one or both parents are deceased, as their signatures and physical presence—normally required for various affidavits—are no longer available.

The Legal Basis

The primary governing rules for this process are found in Act No. 3753 (Civil Register Law) and the implementing guidelines issued by the Philippine Statistics Authority (PSA), specifically Administrative Order No. 1, Series of 1993.

When a parent is deceased, the burden of proof shifts. The applicant must provide a higher threshold of "best evidence" to prove the facts of birth, filiation (the relationship between child and parent), and the circumstances that caused the delay.

Core Documentary Requirements

The following documents are mandatory for any late registration, regardless of the parent’s status:

Four (4) copies of the Certificate of Live Birth (COLB): Duly accomplished and signed by the parties involved.
Affidavit of Delayed Registration: This is usually executed by the party seeking registration (if of age) or a guardian. It must state the reasons for the delay.
Negative Certification of Birth: A document from the PSA confirming that there is no existing record of birth in their central database.
Two (2) Supporting Documents: These must show the name of the child, date of birth, place of birth, and the names of the parents. Common examples include:
Baptismal Certificate
School Records (Form 137 or Transcript)
Medical/Immunization Records
Voter’s Registration

Special Requirements for Deceased Parents

When a parent is deceased, the local civil registrar requires specific proof to validate the information being entered into the registry.

1. Proof of Death

You must submit an Authenticated Death Certificate of the deceased parent. This explains why the parent cannot sign the COLB or the Affidavit of Acknowledgment of Paternity.

2. Establishing Paternity for Illegitimate Children

This is the most challenging scenario. If the parents were not married at the time of birth and the father is now deceased:

The Problem: The father cannot sign the "Affidavit of Admission of Paternity" on the back of the birth certificate.
The Solution: The child may still use the father's surname only if there is private handwritten instrument (like a letter or diary) or a public document (like a SSS/GSIS beneficiary form) signed by the father during his lifetime that explicitly recognizes the child.
Without Proof: If no written recognition exists, the child must be registered under the mother’s surname, and the father's name may be left blank or entered for reference only (depending on the registrar's interpretation of current jurisprudence).

3. Proving the Marriage

If the parents were married but one is deceased:

Certified True Copy of the Marriage Contract: This is essential. It creates a legal presumption of legitimacy, allowing the deceased parent’s name to be entered automatically without their signature on an admission of paternity.

The Step-by-Step Procedure

Verification: Obtain a "Negative Certification" from the PSA to prove the birth wasn't registered anywhere else.
LCR Visit: Go to the Local Civil Registry Office (LCRO) of the city or municipality where the birth occurred.
Interview and Review: The Civil Registrar will review your supporting documents. Because a parent is deceased, they may require an Affidavit of Two Disinterested Persons—individuals who can attest to the facts of the birth and the identity of the parents.
The Posting Period: Once the application is accepted, the law requires a 10-day posting period. A notice of the pending registration is posted on the bulletin board of the city or municipal hall to allow any interested party to file an opposition.
Approval and Transmission: After the 10-day period, if no contest is filed, the City/Municipal Civil Registrar will sign the birth certificate. The record is then transmitted to the PSA for national indexing.

Key Considerations

Feature	Requirement / Impact
Filing Fee	Varies by municipality; usually includes a "delayed registration fee."
Who can file?	The person themselves (if 18+), the surviving parent, or a legal guardian.
Place of Filing	Always the place of birth, not the current residence.
Out-of-Town Filing	If the birth occurred in a province far from your current home, you may use "Delayed Registration through a Resident Agent" via the nearest LCRO.

Important Note: In cases where there is no marriage and no written recognition from a deceased father, the child cannot be compelled to use the father's surname through administrative late registration. This would instead require a judicial proceeding (a court case) to establish filiation through "open and continuous possession of the status of a legitimate/illegitimate child."