Executive summary

In the Philippines, an illegitimate child (one whose parents were not married to each other at the time of birth) may lawfully use the father’s surname without being legitimated. This is allowed by statute through Republic Act No. 9255 (which amended Article 176 of the Family Code) and its implementing rules. The passport will follow the child’s Philippine Statistics Authority (PSA) birth record. Therefore, the practical path is administrative: secure the right to use the father’s surname on the PSA birth certificate, then have the passport issued or renewed to match that record. Court legitimation (or acknowledgment through subsequent marriage) is not required to use the father’s surname, and—importantly—does not by itself alter custody/parental authority rules for an illegitimate child.

Legal framework and key concepts

1) Illegitimate status and surnames

Default rule: An illegitimate child uses the mother’s surname.
Statutory exception (RA 9255): The child may use the father’s surname if the father acknowledges filiation in the manner the law requires and the use of the surname is recorded administratively.
Using the father’s surname under RA 9255 is not a judicial change of name; it is an administrative annotation on the civil registry.

2) Legitimation vs. RA 9255 surname use

Legitimation (Family Code, Arts. 177–182) occurs when parents, who were not disqualified to marry each other at the time of conception, subsequently marry; the child becomes legitimate.
RA 9255 surname use does not transform the child’s civil status; the child remains illegitimate (unless separately legitimated or adopted).
Parental authority/custody: Even if the child uses the father’s surname under RA 9255, sole parental authority remains with the mother (unless a court orders otherwise or legitimation/adoption changes the status).

3) What the passport follows

The Department of Foreign Affairs (DFA) issues passports strictly in the name that appears on the PSA birth certificate (and applicable annotations).
If the PSA record shows the father’s surname—properly annotated—the DFA can issue/renew a passport in that surname, without any need to prove legitimation.

How to lawfully use the father’s surname without legitimation

A. Establish the father’s acknowledgment of filiation

RA 9255 requires acknowledgment by the father through one of the legally recognized instruments, typically any of the following:

Affidavit of Admission of Paternity (AAP) or similar public instrument executed by the father (often attached to or referenced in the Certificate of Live Birth).
Private handwritten instrument by the father acknowledging the child as his.
Other documentary acknowledgments recognized by the Implementing Rules (e.g., notarized admissions, recognition in authentic writings).

Practical note: An AAP alone does not automatically change the child’s surname. The AAP establishes filiation; you still need the next step—the Affidavit to Use the Surname of the Father and civil registry annotation.

B. Execute and record the Affidavit to Use the Surname of the Father (AUSF)

The AUSF is the formal request by/for the child to use the father’s surname pursuant to RA 9255.
Who signs:
- If the child is a minor: the mother signs the AUSF (she retains parental authority). The father’s presence/signature may be needed only to provide or corroborate acknowledgment documents if not already on record.
- If the child is of age: the child personally signs the AUSF.
Where filed: with the Local Civil Registrar (LCR) where the birth was recorded (or where the AAP was executed/registered), or with the PSA through the usual civil registry channels for annotation.

C. LCR/PSA annotation and issuance of updated civil registry documents

Upon compliance, the LCR transmits to the PSA for annotation.
After approval/annotation, the PSA issues a Security Paper (SECPA) copy of the birth certificate showing the use of the father’s surname (or bearing the marginal annotation permitting it).
This PSA-issued record becomes your name-of-record for all government and private transactions, including passports.

DFA passport application once the PSA record is ready

1) First-time passport (child or adult)

Bring the standard DFA requirements for new applicants, plus:

PSA birth certificate reflecting the father’s surname (or PSA copy with the RA 9255 annotation).
Valid IDs (for adults) or acceptable IDs for the minor’s mother (and the appearing parent), as per current DFA ID list.
For minors: the mother personally appears and gives consent. Because the child is illegitimate, the mother’s consent/appearance suffices; the father’s consent is not legally required for the passport application (unless a specific court order says otherwise).

2) Renewal (changing from mother’s surname to father’s surname)

Treat this as a renewal with change in name: present the PSA birth certificate now showing the father’s surname/annotation, and any supplementary civil registry documents if the DFA asks to correlate your previous identity (e.g., older passport, government IDs, school records).
DFA will print the new passport strictly in the PSA name.

Practical cautions:

If your PSA record still shows the mother’s surname, DFA cannot issue a passport in the father’s surname. Finish the RA 9255 annotation first.

If your prior passport, IDs, or school records used the mother’s surname, update those gradually after your PSA record changes to avoid identity discrepancies.

Special situations and edge cases

Father unavailable, abroad, or deceased

If the father previously executed an AAP or any acknowledged instrument of paternity, you may proceed with the AUSF using those documents.
If there is no acknowledgment at all and the father cannot or will not sign one, RA 9255 cannot be used. Your remedies are judicial (e.g., a paternity/filiation case). A court decree recognizing filiation can support the change and allow PSA annotation.

Conflicting entries or clerical issues

Simple clerical errors (spelling, typographical mistakes, day/month errors) may be correctible under RA 9048/RA 10172, but these laws do not substitute for acknowledgment required by RA 9255.
If the LCR/PSA finds inconsistencies (e.g., mismatched dates, missing attachments), you may be asked to submit supplemental reports or additional proof.

Custody and parental authority

Using the father’s surname under RA 9255 does not transfer parental authority from the mother to the father. Any changes to custody/authority require either legitimation, adoption, or a court order.

Middle name usage

Philippine practice on middle names can be technical for illegitimate children. Generally, the middle name follows rules distinct from the surname change under RA 9255. Expect the LCR/PSA to apply prevailing civil registry standards; be prepared that the middle name result might not mirror that of legitimate children.

Revocation/disputes

Acknowledgment made through fraud, threat, or mistake may be contested in court. Once a court annuls or rescinds the acknowledgment, civil registry entries (including RA 9255 surname use) can be corrected accordingly.

Step-by-step checklist (no legitimation required)

Gather acknowledgment proof from the father (e.g., AAP or other recognized written acknowledgment).
Prepare AUSF (mother signs for minors; the child signs if of age).
File with LCR of place of birth (or appropriate LCR) with supporting IDs and documents; pay fees.
Secure PSA-issued birth certificate showing the annotation/use of father’s surname (wait for PSA release).
Apply for DFA passport (new or renewal) using the PSA record, plus the usual IDs and appearance requirements.
Align records post-passport (school, bank, PhilHealth, SSS, licenses) to the PSA name to avoid discrepancies.

Practical tips

Do civil registry first, passport second. DFA will mirror your PSA record—never the other way around.
Keep certified copies of all civil registry filings (AAP, AUSF, transmittal receipts, annotated PSA copies).
Plan lead times. PSA annotation can take time; schedule travel only after you have the PSA document in hand.
For minors, bring the mother. As the sole parent with authority, her personal appearance streamlines the process.
If the father refuses to acknowledge: consult counsel about a paternity/filiation action; RA 9255 cannot be invoked without acknowledgment or a judicial finding of filiation.

Frequently asked questions

Q: Can I get a passport in my father’s surname even if my parents never married? A: Yes—if you complete the RA 9255 process (acknowledgment + AUSF + PSA annotation). Marriage/legitimation is not required.

Q: My old passport and records use my mother’s surname. Will DFA accept my father’s surname now? A: Yes—after your PSA birth record reflects the father’s surname (or the RA 9255 annotation). Bring your old passport and IDs for correlation.

Q: Do I need my father to appear at the DFA appointment? A: No. For passport issuance, DFA primarily relies on the PSA record. For minors, the mother appears and consents.

Q: Does using my father’s surname give him custody? A: No. RA 9255 does not alter parental authority; the mother retains it unless changed by law or court order.

Q: What if there’s no acknowledgment at all? A: You cannot use RA 9255. The route is a court action to establish filiation; once a judgment exists, the PSA can annotate, and the DFA can follow.

Closing note

Laws and implementing rules can evolve, and administrative practices of the LCR/PSA/DFA may vary in detail (document forms, IDs accepted, fees, and sequencing). For a smooth process, verify current filing mechanics with your Local Civil Registrar and the PSA, and check the DFA’s latest passport guidelines before you book an appointment. This article provides a comprehensive framework; your specific facts (e.g., availability of the father’s acknowledgment, prior records, court orders) determine the exact path.