Dear PAO,
My 20-year-old son’s surname, as indicated in his birth certificate, is that of his mother. The reason behind this is because his mother and I were not married. His mother also did not place my name in the birth certificate. Instead, she placed the word “unknown.” I would like to know how I can have my name be indicated in his birth certificate and how my son can follow my surname. While his mother is now married, she nevertheless gave her consent for me to arrange whatever is necessary for my son to be able to use my surname. What documents do we need to present before the Office of the Civil Registrar? I hope you can shed your guidance. Thank you.
wawiboy

Dear wawiboy,
As a general rule, an illegitimate child shall use the surname and shall be under the parental authority of his mother (Article 176, Family Code of the Philippines). However, an illegitimate child is now given the opportunity to use the surname of his father, provided that his filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. This is in consonance with the provisions of Republic Act No. 9255, otherwise known as “An Act Allowing Illegitimate Children to Use the Surname of their Father.”

Accordingly, you or your son, who is now of legal age, may file the appropriate application. You or your son must submit the following documents: (1) His Certificate of Live Birth with your accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back portion thereof; (2) Public document such as an Affidavit of Admission of Paternity or an Affidavit of Acknowledgment which you have executed in your child’s favor; and (3) Your Affidavit to Use the Surname of the Father (AUSF), including all supporting documents thereto (Rule 5, Implementing Rules and Regulations of Republic Act 9255).

Please be advised that if your child was born within the Philippines and the public document or AUSF was executed by you within the Philippines, his application must be filed with the Local Civil Registry Office of the place where he was born. If he was born within the Philippines but the public document or AUSF you executed was made outside the Philippines, his application must be filed with the Local Civil Registry Office of Manila. If his birth occurred outside the Philippines, the application must be filed at the Local Civil Registry Office of Manila (Rule 4, id).

The public document or AUSF, upon submission thereof, shall be recorded in the Register of Legal Instruments. Should everything be in order, the proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows “Acknowledged by [name of father] on [date]. The surname of the child is hereby changed from [original surname] to [new surname] on [date] pursuant to RA 9255.”

We hope that we were able to enlighten you on your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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