WHICH LAST NAME SHOULD AN ILLEGITIMATE CHILD USE AND HOW TO USE

THE FATHER'S SURNAME?

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In September of 1990, the United Nations General Assembly approved and adopted the
Declaration of the Rights of the Child. Among the rights of a child acknowledged is
the right of the child to preserve his or her identity, including nationality, name
and family relations as recognized by law without unlawful interference.

The Philippines, as signatory to this declaration, has done its share to promote this
right, especially in cases where the child is considered illegitimate by law. Who are
considered illegitimate children in the Philippines?

Children born to couples who are not legally married or of common-law

marriages;
Children born of incestuous, bigamous, or adulterous relations;
Children born of void marriages;
Children born of couples below 18, even if they are married (which is actually
void).

So in a case where a child is born out of wedlock, which surname should be

given to him/her?

Over the years, the law on illegitimate children's surname has shifted several times: pre-
EDSA Revolution, in 1988, and lastly in 2004. Here are the following basic principles.

Born before August 3, 1988:

Prior to the Family Code (1988), an illegitimate child has the right to bear the surname
of the parent recognizing him. Recognition shall be made in the record of birth, a will,
statement before a record, or in any authentic writing. If recognition is made by only one
of the parents, he or she shall not reveal the name of the person with whom he or she
had the child.

An illegitimate child who is not recognized or acknowledged by both parents in

accordance with law shall be registered under the surname of the mother.

Born on or after August 3, 1988 up to March 18, 2004:

By law, an illegitimate child shall use the surname of the mother. The father of an
illegitimate child who wishes to have his name indicated in the Certificate of Live Birth
shall execute an affidavit of Admission of Paternity in lieu of the affidavit of
acknowledgement. The purpose of affidavit of admission of paternity is for the support
and succession only, and it does not automatically entitle the illegitimate child to use the
surname of his father.

Born from March 19, 2004 up to present:

According to Republic Act No. 9255, illegitimate children shall be under the parental
authority of their mother, and shall be entitled to child support from the father.

Illegitimate children may use the surname of their father if the paternity is established by
any of the following:

filiation has been expressly recognized by the father through the record of birth
appearing in the civil register - Certificate of Live Birth or Municipal Form No.
102;
when an admission in a public document or private handwritten instrument is
made and duly signed by the father;
any other means of establishing paternity as allowed by the Rules of Court and
special laws.

For those born from August 3, 1988 to March 18, 2004, the rules of RA 9255 stated
above cannot be used by the child until after a court decision.

So what is the right and legal process for an illegitimate child to use his or her
father's surname?

Terms to Remember:

Certificate of Live Birth (COLB) - for children born in the Philippines

Report of Birth (ROB) - for children born outside the Philippines
Affidavit to Use the Surname of the Father (AUSF)
Private Handwritten Instrument (PHI)
Local Civil Registry Office (LCRO)
Philippine Foreign Service Post (PFSP) - Philippine embassies, missions,
consulates general.

What to File?

The following documents shall be filed at the LCRO or PFSP for registration:

1. Certificate of Live Birth (COLB)/Report of Birth (ROB) if available

2. Affidavit of Admission of Paternity
3. Private Handwritten Instrument (PHI)
 4. Affidavit to Use the Surname of the Father (AUSF)

Who may file?

The following persons are authorized to file at the LCRO or PFSP:

1. The father, mother, the person himself, if of age, or the guardian, may file the
Affidavit of Admission of Paternity.
2. The father, mother, the person himself, if of age, or the guardian, may file the
AUSF.
3. The father shall personally file the PHI, if the proof of filiation is through a PHI, at
the LCRO/PFSP for registration.
4. The mother, the person himself, if of age, or the guardian, may file the PHI if the
father is already deceased. The PHI can be accepted provided there are
supporting documents to prove filiation.

Where to register?

The Affidavit of Admission of Paternity, PHI or AUSF executed in the Philippines

shall be registered at the LCRO of the place of birth.
The Affidavit of Admission of Paternity, PHI or AUSF executed outside the
Philippines shall be registered at the PFSP of the country of residence, or where
there is none, to the PFSP of the country nearest the place of residence of the
party concerned.

When to Register?

The Affidavit of Admission of Paternity, PHI, or the AUSF shall be registered within
twenty (20) days from the date of execution, otherwise, the rules on late registration of
birth will apply.

How to Register?

1. The City/Municipal Civil Registrar (C/MCR) or the Consul General (CG) shall
accept and examine the completeness and correctness of entries in the
COLB/ROB, and the supporting documents. If there are inconsistencies, the
C/MCR or CG will not accept the documents for registration.
2. The C/MCR or the CG shall record the entries of the COLB/ROB in the Register
of Births, Affidavit of Admission of Paternity, PHI and the AUSF in the Register of
Legal Instruments.
3. The C/MCR or the CG shall annotate the COLB/ROB and enter the annotation
on the Remarks portion of the Register of Births.
 4. The C/MCR or the CG shall distribute the annotated COLB/ROB,
registered Affidavit of Admission of Paternity, AUSF, or PHI including any
supporting document as follows:
o first copy to the CRG;
o second copy to the LCRO/PFSP where the event was registered;
o third copy to the registrant/owner of the document;
o fourth copy shall be retained for filing by the LCRO/PFSP.
5. The C/MCR or the CG shall issue certified copies of COLB/ROB with annotations
and certified copies of the Affidavit of Admission of Paternity, AUSF, and PHI.

Conditions to Remember:

1. As a rule, an illegitimate child not acknowledged by the father shall use the
surname of the mother.
2. Illegitimate child acknowledged by the father shall use the surname of the mother
if no AUSF is executed.
3. An illegitimate child aged 0-6 years old acknowledged by the father shall use the
surname of the father, if the mother or the guardian, in the absence of the
mother, executes the AUSF.
4. An illegitimate child aged 7 to 17 years old acknowledged by the father shall use
the surname of the father if the child executes an AUSF fully aware of its
consequence as attested by the mother or guardian.
5. Upon reaching the age of majority, an illegitimate child acknowledged by the
father shall use the surname of his father provided that he executes an AUSF
without need of any attestation.