An illegitimate child (born outside of a valid wedlock), prior to the enactment of the new law, may only use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname (Article 176 of the Family Code). This provision, however, was subsequently amended.
Illegitimate children can now use their father’s surname. Republic Act No. 9255, also known as “An Act Allowing Illegitimate Children to Use the Surname of their Father”, intends to remove (or diminish) the shame and stigma which accompanies illegitimacy. Do not confuse R.A. 9255 with R.A. 9225, which relates to dual citizenship (click here). The benefit applies to everyone, whether born before or after the effectivity of the law, and includes registered and unregistered births.
The new law took effect on March 19, 2004 – which was less than year after the Supreme Court upheld the denial of an illegitimate child’s request to use the surname of her father. In that 2003 case, the Supreme Court applied the old law (Article 176 of the Family Code), noting that where there’s no right, there is no remedy. By the way, the original Article 176 reads:
Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
For the Implementing Rules and Regulations of R.A. 9255, click here. For the guidelines/procedure on the new law, please proceed to the great site of the National Statistics Office (NSO). Click here or here.
Related posts:
- Legal Support for the Child and R.A. 9262
- A Hesitant Father (on Fatherhood)
- Tracking the Solo Flight of Solo Parents
- Annulment in the Philippines: Questions and Answers (Part 3)
- An invitation for all fathers and would-be fathers
- Psychological Incapacity and Annulment
- The irony of love and annulment (steps and procedure for annulment)
by Karla
09 Oct 2008 at 15:26
My fiance had a child to the other girl.Our marriage date was planned already.But it makes my head trouble. My fiance plan to use his surname to the child. My question is, Is there a Law’s or Rule’s here in Philippines that the child can used the surname of my fiance even if they are not married to the mother of the child?
I need your help and advice about this matter.
by turney
26 Oct 2008 at 19:04
The RIGHT to use the surname of the father belongs ONLY to the child. The problem arises when the child is still a minor and we have a situation where the father is willing but the mother is opposed to the idea for reasons known to telenovela and teleserye lovers (hehehehe). There should be no problem since, as i have said, the CHOICE belongs to the child. However, the implementing rules of RA 9255 makes it a little complicated. Here’s how.
1. If the filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the AUSF (affidavit to use the surname of the father)- Rule 7.2.1
2. It becomes more interesting because in Rule 7.3, the consent of the child is no longer necessary even if he/she has reached the majority age.
7.3 Except in Item 7.2.1, the consent of the illegitimate child is required if
he/she has reached the age of majority. The consent may be
contained in a separate instrument duly notarized.
by turney
26 Oct 2008 at 19:26
The RIGHT to use the surname of the father belongs ONLY to the child. The problem arises when the child is still a minor and we have a situation where the father is willing but the mother is opposed to the idea for reasons known to telenovela and teleserye lovers (hehehehe). There should be no problem since, as i have said, the CHOICE belongs to the child. However, the implementing rules of RA 9255 makes it a little complicated. Here’s how.
Rule 7. Requirements for the Child to Use the Surname of the Father
7.1 For Births Not Yet Registered
7.1.1 The illegitimate child shall use the surname of the father if a public document is executed by thefather,either at the back of the Certificate of Live Birth or in a separate document.
7.1.2 If admission of paternity is made through a private handwritten instrument, the child shall use the surname of the father, provided the registration is supported by the following documents:
a. AUSF (affidavit to use surname of the father)
b. Consent of the child, if 18 years old and over at the time of the filing of the document
c. Any two of the following documents showing clearly the
paternity between the father and the child:
1) Employment records
2) SSS/GSIS records
3) Insurance
4) Certification of membership in any organization
5) Statement of Assets and Liabilities
6) Income Tax Return (ITR)
7.2 For Births Previously Registered under the Surname of the Mother
7.2.1 If filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.
7.2.2 If filiation has not been expressly recognized by the father, the child shall use the surname of father upon submission of a public document or a private handwritten instrument supported by the documents listed in Rule 7.1.2.
7.3 Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized.
The rule can be summarized using the ffg. formula:
1.)EXPRESS RECOGNITION + AUSF = USE OF FATHER’S SURNAME
2.)NO EXPRESS RECOGNITION + RULE 7.1.2 + CONSENT OF CHILD IF MAJORITY AGE = USE FATHER’S SURNAME
If the child is still a minor, he/she has no choice but to use the surname of the father. This is contrary to the spirit of the law. If he/she is already of legal age, CONSENT is needed as a rule except when it is covered by the first formula. Again, this runs counter to the intent of the law. The IRR must be reviewed. It did not consider the fact that ours is a teleserye republic. hehehe
by kidlat girl
03 Dec 2008 at 13:44
atty.ask ko lng po sna kung anu mganda gwin ko meron akung 2yr old n anak illigetimate po sya kc at present may aswa at anak po ama nya mula nuon hanggang ngaun sinusuportahan nya anak nmin pero surname ko po gmit nya kc ayaw nya pumirma s birth certificate dko sya mapilit mgsign dhil isa syang politician tpos lately gusto n nya kunin anak nmin ayaw ko po ibigay s kanya sabi nya hindi n daw sya mgbbgay support bhala n daw ako at wla n daw sya obligasyon s amin ng anak nya atty anu po mganda ko gawin pls advice nyo po ako anu po b ang mga karapatan nmin ng anak ko at anu karapatan ko bilang ina at anu karapatan ng anak ko ganun nlng po b yun na basta nya kmi talikuran lalo n anak nya
by susan herras
05 Mar 2010 at 09:49
gusto ko po malaman kung ano po possible na mgyari sa anak ko ngayon kasi po iligitimate po sya hindi kmi kasal ng bf ko father ng anak ko ngayon po malabo na ang relationship namin kaya gsto ko nlng ichange ang surname ng bata sa magiging fiance ko na ngayon kasi pkakasalan nya na ako at gusto rin adopt anak ko wla na po mgawa ex ko kc parang gusto nya narin.
by Elaine
16 Dec 2008 at 16:24
Atty i would to ask some questions mo i have 9yrs old daughter been single mother for 4years no heard na about her biological father his not able to acknowledge in the birth certificate and i put n/a on the father part in the birth certificate. Now i got married then my new husband want to change the surname of my daughter under his surname. We already went to the cityhall in manila and meron daw po yung interview for both parents but then were not able to finished it because he have to left again working abroad. So want sana na palabasin na his really the bio logical father even that his not. IS there any problem po that we can encounter to this matter? How’s the process po? Thanks
by Paul
18 Dec 2008 at 23:51
Good Day po Atty.
Ask ko lang po yung case po namin. My wife is adopted by her parents, yung po mom nya dati pong midwife, and her biological mom ay naging patient po nya tapos po pina adopt po nya yung misis ko, sabi po nila financial problem kaya po pina adopt. Then nagkaroon po nang writen concent na kasulatan na pinapa adopt po nya ang misis ko, at wala no po syang karapatan sa kanya bilang Ina. Kaya lang hindi po dumaan sa korte ang mga papeles pero nagawan po nang paraan nang nag adopt sa kanya na, magkaroon nang birth certificate sa Local Civil Registry and National Statistic Office.
Ngayun po Siñor Citizen napo ang mga nag adopt sa kanya, and her father past away last 2 years. Nagkaroon po nang division of property pero dipo nila nirerecognize yung right nang wife ko, kasi daw po dipo dumaan nang court ang papeles nang misis ko since po noon, pero may birth certificate po sya LCR and NSO may passport pa po.
Now She’s 24 years of age may magagawa pa po ba kami against sa mga Legitimate child po nang Father nya
Thank you and more power.
by laine
22 Dec 2008 at 21:37
Atty, ask ko lang po, yong anak ko ang gamit niya apilyedo ko, ngayon gusto ng tatay na gamitin niya ang apilyedo niya, ang problema lang po ay nakaregistered na sa NSO, ngayon ano po ang dapat kung gagawin. At wala po kmi pareho sa pilipinas. at hindi kami kasal tatay ng anak ko. Sana po matulongan nyo ako. Thank you very much.
by ruth
30 Dec 2008 at 20:49
my daughter was born in malaysia in 1997 i was not married with her dad. but she is using her dad surname. it is possible i can get her a filipino citizen. now we broke off after 12 years living together because he is abussive. now my girl is with him. i’m planning to get her soon. may i know my rights as her mother.
by czenaya
15 Jan 2009 at 14:48
atty,
Hi. ask lang po ako.bago kami ikinasal alam ko may anak sa ibang girl husband ko.Ngayon naghahabol sila ng share sa allotment. gusto nila sustentohan ang bata amounting ten thou every month maliit lang sahod ng mister ko sabi nya five thou lang. hahabulin daw nila sa poea ang mister ko kong hindi maibigay ang gusto.anu po ba ang hatian?my grounds ba na haharapin mister ko if in case. thank you
czenay
by sherine P. Perez
10 May 2009 at 01:15
May anak po ako na illegitimate child at ang ginamit nyang pangalan na middle name sa school is same as Surname (Her name is Sheryline Perez in Birth Certificate but in school shes using Sheryline Perez Perez.
Nagaabroad po ako at ngayon gusto ko siyang dalhin dito, Tanong ko po kung ano procedure o dapat gawin para maikuha ko siya ng passport. Kasi yung ID nya at name sa NSO is different.
Gusto ko rin po na ayusin sa shcool yung record of name nya, ano po dapat kong gawin.
Pakireply nyo na lang po ako sa email address ko sherineperez@hotmail.com
Lubos na nagpapasalamat,
Sherine
by remilla josue-sumile
20 May 2009 at 20:06
atty, nag f-file po ako mpra maging legitimate yung anak ko dahil apelyido ko po ang dinadala nya.. nagpunta po kasi kami sa munisipyo at hinihingian nila yung asawa ko ng proof of paternity kagaya ng sss document na anak ko ang benificiary o itr na naka lagay ang pangalan ng anak ko. hindi naman po namin yun maiibibigay kasi hindi nga din naman papayag ang sss o bir na ilagay pangalan ng anak ko dahil hindi pa nga sila pareho ng apelyido. ang sagot po samin eh sa court na kami pumuta. ano pa po ba ang magagawa namin tungkol dito? please reply thank you]
zycke@msn.com
by jennifer
22 May 2009 at 18:43
atty, i had a 4yrs.old son out of wedlock, now i got married and we want to change the surname of my child under my husband’s name.They asked us for paternal documents but unfortunately i cannot able to give, now my husband and i decided go for legal adoption but the problem is we are now residing abroad and we want to get my child to live with us here… is there any way that we can file an adoption here in abroad for my child?What shall we do? What are the procedures? please reply .. thank you.
cads_faith@yahoo.com
by janice elecito
04 Jun 2009 at 14:03
atty, my sister has two children with a guy working abroad. the kids are now 11 and 12. their father is working in an international cargo ship. he is only giving my sister 2,000 pesos every month. can we have like a legal claim for the right amount we are receiving? her 2nd child is disabled with cerebral palsy. can we go to poea for help?
by ann
11 Jun 2009 at 16:23
atty, ang anak ko po n 7 taon ay anak ng japanese kmi po ay hindi kasal. ngayon po sabi ng friend ko na pwede n po dw gamitin ang surname ng tatay basta may acknowledgement po daw o pirma ng tatay ang birthcertificate ng bata? Pede n po ba ito?
by Eloy
19 Jun 2009 at 17:32
Dear Atty.
nag kaanak po kami ng dati kong boyfriend, kaya lang po may asawa narin sya.kagaya ko. mula po ng nanganak ako sa kanya. hindi na po sya nagpaparamdam sa akin. may karapatan po ba ang anak ko na humingi ng sustento sa kanyang ama para sa kanyang pag-aaral.
ang balita ko po nasa Australia na po sya.
puede po ba akong maghabol?
marami pong salamat.
eloy
by grace
04 Sep 2009 at 12:32
Atty:
I am 5 months pregnant. I’d like to ask what are the pro’s and con’s if my child will use his father ’s name? I’m am worried that if my child use his father’s name, the father of my child might ask for my child custody someday.
Thank you.
Hot debate. What do you think?
+2
by mrs bing garcia
18 Nov 2009 at 10:17
i went to the link, re implementing rules and regulations of RA 9255 but instead what was posted there was RA 9048, which was promulgated four years before the IRR of RA 9255, hence may not anymore be applicable. Also the site / link to NSO provides guidelines /procedure pertaining to the old law of the Family code, not the amendatory law (RA 9255). PLEASE PLEASE correct / amend / update those that i mentioned here. thanks.
by bambi
28 Nov 2009 at 13:30
I’d like to ask what are the pro’s and con’s if my child will use my surname and i will not declare the name of the father in birth certificate. we’re not married. I want to go abroad and will get my son someday.
by bambi
28 Nov 2009 at 13:31
please send your comment to sejs78@yahoo.com
thx.
by jane
03 Dec 2009 at 14:23
I’d like to ask what are the pro’s and con’s if my child will use my surname and i will not declare the name of the father in birth certificate. we’re not married. I want to go abroad and will get my daugther someday.
by Lito Tubera
15 Dec 2009 at 09:36
ask ko lang atty, ung nanay ko 2nd wife ung tatay ko, ung first wife kasal po sila, bago sila nagpakasal sa nanay ko, gumawa sila ng waiver at pumirma ung ist wife, ngaun po namatay po ang tatay as a ret soldier, ngaun po may mga benefits po na matatanggap, kanino po pa mapupunta ang benefits,.note patay na rin ung first wife.
by lanie
28 Jan 2010 at 14:35
gud pm poh… ask ko po ko tungkol sa sustento ng anak ko, kc poh ung tatay nya nasa ibang bansa po sa cuba, pero di po kmi kasal,at matagal na poh kaming hiwalay, tama po ba na ang sustento nya ay 2,000 kada buwan.
by jenny villaverde
10 Feb 2010 at 14:56
gudpm po atty,
gusto ko lang po sana malaman paano po ba namin maipapangalan sa amin ng asawa ko yung anak namin, dati po kasi kami nagkahiwalay at nakapangalan po yung anak namin sa magulang ko, kaya lumalabas na anak ng magulang ko yung anak ko, gusto na po sana namin mailagay sa pangalan naming mag-asawa yung anak namin, paano po kaya ang dapat gawin? 8yrs old na po yung anak namin. umaasa po ako sa reply ninyo sa akin… maari lang po sana paki-email ninyo sa akin yung sagot ninyo.. trish_gomez24@yahoo.com maraming salamat po…