Using the Father’s Surname in Late Birth Registration When Parents Are Unmarried
Philippine Legal Framework and Practical Guide
1. Why the Issue Matters
When a child is “illegitimate” (parents not married to each other), Philippine law automatically gives the mother’s surname (Family Code, Art. 176). Yet many families wish the child to carry the father’s surname for identity, support, or inheritance reasons. The law allows it, but extra steps are required—more so if the birth is being registered late (beyond 30 days from birth) under the Civil Registry Law.
2. Core Statutes & Regulations
| Law / Issuance | Key Points for Unmarried Parents & Surname Use |
|---|---|
| RA 3753 (Civil Registry Law, 1930) | Requires all births to be registered; defines late (delayed) registration; empowers the Local Civil Registrar (LCR) to set documentary requirements. |
| Family Code (1987) | Art. 165–176 define illegitimacy; Art. 176 (as amended) says an illegitimate child “shall use the mother’s surname unless the father recognizes him/her in the record of birth…” |
| RA 9255 (2003) + PSA Administrative Order (AO) No. 1 s. 2004, as amended by AO 1‑2016 & later clarifications | Lets an illegitimate child use the father’s surname if (a) paternity is acknowledged and (b) the mother (or child of age) consents via an Affidavit to Use the Father’s Surname (AUSF). It introduced a purely administrative track (no court case) handled by the LCR/PSA. |
| RA 9048 (2001) & RA 10172 (2012) | Provide routes to correct clerical errors or change names in the birth record after registration. Useful if the certificate has already been filed without the father’s surname. |
| PSA AO on Delayed Registration (latest consolidated guidelines, 2021) | Lists documentary proof for late filings, penalties, and procedural flow. |
Take‑away: RA 9255 governs surname choice, while RA 3753 & PSA AOs govern late registration. They operate together.
3. Overview of Late Birth Registration
Who files?
- Usually the mother (or guardian), but the father may file if he is the informant and the mother consents.
Where?
- LCR of the place of birth, or the child’s residence if birth place unknown.
Basic Documentary Set (LCRs vary—always check locally):
- PSA‑issued Negative Results Certification (“No Record of Birth”)
- Affidavit of Delayed Registration (explaining reason for delay)
- Proof of birth facts: baptismal/medical records, immunization card, or school enrollment forms
- Valid IDs of parent/informant
- Community tax certificate & filing fee
Late registration alone does not decide the surname question; that’s where RA 9255/AUSF come in.
4. How to Use the Father’s Surname During Late Registration
A. If Both Parents Cooperate
| Step | Who Signs | Key Paper | Notes |
|---|---|---|---|
| 1 | Father and Mother | Certificate of Live Birth (COLB) | Father is listed in Item 13 (Name of Father) and signs as informant. |
| 2 | Mother (or child ≥ 18) | AUSF | Must be notarized; LCR supplies form. |
| 3 | Father | Affidavit of Admission of Paternity (AAP) or his signature in COLB | Either is fine—AAP is needed if he cannot sign the COLB. |
| 4 | Submit with late‑registration packet | — | LCR reviews; if complete, registers and forwards to PSA. |
Result: The COLB is issued using the father’s surname in the first place, avoiding any “change of surname” later.
B. If the Birth Was Already Late‑Registered Without the Father’s Surname
File a RA 9255 Petition (administrative) with the same LCR:
- AUSF, AAP (or other proof of filiation: DNA, notarized acknowledgment, or open and voluntary acts).
- Consent of the child (age 7–17) or personal filing by child (18+).
LCR posts notice for 10 days → approves and annotates the PSA record.
PSA issues a Certificate of Finality and an annotated birth certificate showing the new surname.
5. Special & Problem Scenarios
| Scenario | Can Father’s Surname Be Used? | Practical Route |
|---|---|---|
| Father Unavailable or Deceased | Yes, if paternity can be proven | AUSF signed by mother plus (a) notarized public document where father acknowledged paternity before death; or (b) DNA test & court order. |
| Father Refuses | No, unless paternity is judicially established | Mother or child must file a petition in court (Rule 108 or special proceeding) to compel recognition. |
| Child 7 – 17 yrs old | Child must give written consent to AUSF. | |
| Child ≥ 18 yrs old | Child files personally; parental affidavits no longer required. | |
| Parents Later Marry | Child becomes legitimated (Family Code Art. 177) or under RA 9858 (if parents were below marrying age at birth); surname follows legitimation rules, often the father’s without separate AUSF. | |
| Adoption | Adoption decree overrides earlier surnames; adoptive surname is used. |
6. Legal Effects of Carrying the Father’s Surname
- Legitimacy: Still illegitimate (surname is not legitimation).
- Parental Authority: Remains with mother (unless father petitions for joint authority).
- Support: Acknowledgment + surname bolster a claim for child support.
- Succession: Child is an acknowledged natural child (Civil Code Art. 892); entitled to intestate share equal to half of a legitimate child.
- Travel & Documentation: Passport, school records, PhilHealth/SSS can be processed under the new surname once PSA issues the annotated certificate.
7. Common Pitfalls & How to Avoid Them
| Pitfall | Prevention Tip |
|---|---|
| Missing AUSF or an unsigned COLB | Have the forms notarized before lining up at the LCR. |
| Using the father’s surname without meeting RA 9255 requirements | PSA will tag the record as “discrepant”; later corrections are costlier. |
| Incomplete proof for delayed registration | Gather two or more independent documents showing the child’s birth facts. |
| Child’s consent overlooked (age 7+) | LCRs strictly enforce this; get the child’s signature. |
8. Timeline & Fees (Typical Metro Manila LCR)
| Item | Working Days | Cost (PHP) |
|---|---|---|
| Late Registration Filing | 3 – 5 days review | 150 – 300 filing fee |
| AUSF/AAP notarization | — | 200 – 500 each |
| Posting/Publication (RA 9255 petition) | 10 calendar days | Included or minimal |
| PSA Copy (annotated) | 1 – 2 months after approval | 155 per copy |
Rural LCRs often process faster but PSA turnaround is national.
9. Step‑by‑Step Checklist
- Secure PSA negative certificate for the child.
- Collect supporting evidence of birth.
- Prepare and notarize AAP (father) and AUSF (mother or child).
- Fill out COLB with father’s details.
- File the late registration packet at the LCR; pay fees.
- If surname was not yet changed, file a RA 9255 petition with notice period.
- Await PSA‑issued annotated COLB; update all IDs and records.
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can the mother alone decide to use the father’s surname? | No. Father must first acknowledge the child (AAP or signature on COLB). |
| Does adding the father’s surname make the child legitimate? | No. Legitimacy only through marriage of parents (Art. 177) or legitimation laws. |
| Can we skip the AUSF if the child is 18? | The child files personally; AUSF is implied in his/her application. |
| What if the father’s name is already on the COLB but surname still the mother’s? | File a RA 9255 petition to apply AUSF and annotate the record. |
| Is DNA evidence required? | Only if the father cannot sign and no other written acknowledgment exists. |
| Are penalties imposed for late registration? | Yes (minor fine), but LCRs usually condone if justified. |
11. Practical Tips
- Photocopy everything (3 sets) for LCR, PSA, and personal file.
- Bring valid IDs of both parents (and the child if 7+).
- Coordinate early with the LCR; some require appointments for RA 9255 petitions.
- For OFW fathers, an apostilled SPA may substitute personal appearance.
- Keep the Official Receipt; you will need its number when following up with PSA.
12. Final Notes & Disclaimer
This article summarizes current Philippine statutes and PSA regulations as of July 2025. Local Civil Registrars may issue supplemental guidelines, and Congress or the Supreme Court may alter the rules. Always confirm procedures with the LCR and the PSA or consult a Philippine lawyer for case‑specific advice.
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