Illegitimate child may use father’s surname
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.
What are the rights of an illegitamate child having use the father’s surname?
ylea, the rights of that illegitimate child remains the same. For instance, the child retains the same rights in inheritance and support. This law simply allows the child to use the father’s surname – nothing is added to the rights granted under existing laws.
how about full custody is there a possibility that a father be granted such. and what are the circumstances
Arnel, please read this article at our law blog.
http://jlp-law.com/blog/child-custody-infidelity-of-mother/
can the illegitimate child still have the surname of the father, even if that child was a result of adultery/infidelity because the father is still married and have legitimate children of his own? Does the wife have the right to object for that illegitimate child to have her husband’s surname?
Does this apply to children fathered by a US citizen and a foreign national as well, if the child resides in the US, but is not a citizen?
hello atty. fred! my girlfriend who was pregnant has delievered our first child. The problem is she is still married with her husband though she already filed a petition for divorce. my question is, is it possible to name our child after me? is it possible that i will be recognize as the legal father of the child? thank you.
Pretty, the law doesn’t make any distinction.
K, would the foreigner consent to it?
Ace, there’s a more serious issue than having the child follow your surname. Please consult your lawyer.
magandang araw po…
Tatanung ko lan po kung ano po ang dapat kong gawin para magamit ng anak ko ang apelyido ng asawa ko ngayon..hiwalay na po kame ng ama ng anak ko po…illegitimate child po siya at gamit niya po ang surname k0. sa birth certificate po niya ay may naka attach na affidavit for delayed registration of birth..at nandun den po nakalagay ang pangalan ng tunay niyang ama.
salamat po.
Hi Atty Fred,
Am a single Mom, I have a 2 year old son. Unfortunately, I allowed my son to use the surname of the Father just because I thought I will eventually married the father. After learning that we have unreconcialible differences, I decided not to marry and I then filed a petition for change name, from the Father’s surname to my surname.
Got the decision of the court and it was denied! Am planning to elevate it to CA.
My reason is my son might get confuse when he goes to school, us having different surname and he’s leaving with me. No communication with the father and he doesn’t give any support whatsoever. He doesn’t see his son for more than a year now.
What will it take for my son to use my surname?
Thanks
….mgandang hpon po,ask kom lang po kong may krapatan po ako mg habol ng sustinto sa ama ko kc kwalay na cla ng nanay ko?ung live birth ko po step father ko ung ng rgesterd late na po un,gmit ko now ung surname ng tatay ko,pro ung nsa live birth ko ay surnema ng nanay ko?sna po mtugunan nu ung tnong ko ynx po
Atty., may karapatan po ba akong magdemand ng sustento sa mga magulang at ama ng anak ko?sa papaanong paraan…may first family siya at hindi pa annual, may dalawa silang anak.kung sakaling ideny niya ang anak ko para lang hindi makapagbigay ng sustento o demand namin,may mga requirements ba kaming kailangan para ma-prove at para maibigay ang karapatan ng anak ko?surname ko po ang gamit ng anak ko…thanx!
sexy_mom can demand support from the father of her illegitimate child. One option will be for you to file an action in court to demand the support. You will also have to seek the advice of a lawyer if you decide to file such a case.
gud evening po,tanung ko lang po kung pwide b mgamit ang surname ng father nya without the signature of his father in his birth certificate.o kya pwide ko ba ma palitan yong surname ng anak ko sa father nya?thanks.
I would like to have an answer to # 5 Pretty Says also.
Hello, My case is quite confusing. I am married but separated for 8 years. I had an affair with a married man although he is also separated.
We have a 1-year old daughter now but she is still not registered. We are arguing about the surname that our baby will use.
I want our daughter to use my surname, as per advice of a lawyer friend but the father insist in using his. Please advice me to what is the best thing to do for my daughter. Thank you.
good morning po.. illegitimate child po ang baby ko, hindi pa po kami kasal ng daddy nya. US born po ang baby ko, at nakaapilyido po sa akin ang baby ko. If ever po ba na ikasal kami ng daddy nya, paano po mabago yung surname ng baby ko sa dad nya?
adoption
legitimation
ask ko po sana anu process pag pinalitan ung last name ng baby ko,pero we are not married but the father signed in section 13 of the birth certificate of my child as the father.
Good morning!
I would like to ask some questions with regards to my 2 1/2 years old son who is an illegitimate. I broke up with his father when i was 5 months pregnant fo the reason that our relationship is not that good anymore & i don’t want my child be affected of our situation during that time, we always fight & he doesn’t understand my mood swings either. He’s married already but was separated that time. but he was married in the states. (civil lang) when his wife learned that i was pregnant they talked & for some reason they decided that he will go back to his wifes place & live together again. I don;t know what they talked about. I gave him permission & try to distant myself with him ayoko nang makigulo sa knila. BUt during my pregnancy he gave me monthly support for my check up until i gave birth & he also paid for my hospital bills. But he didn’t showed up to see our son. and after that he didn’t give any single centavo to support our son. he didn’t also acknowledge our son & didn’t bother to sign in the bitrth certificate. I tried to talk to him but he always refuse. My son is using my surname.
Now they get married here (church) but still no communication, di pa din nya nakikita anak namin. I tried to invite him nung Baptismal & 1st birthday but he didn’t showed up also. My question is can I demand for a monthly support for my son & how will I do it. I don’t know what to do. My salary is not enough to support our son & im planning to send him to school already. Their family is well-known in our place mga family po sila ng politiko.
PLEASE HELP ME. I NEED AN ADVICE ON WHAT TO DO.
THANK YOU VERY MUCH!
hi atty
tatanong ko lng po…
i’m pregnant…and not in marriage with my bf…he is curently on board…and may not be back when i deliver our child…but we are planning to get married a month after his arrival…khit civil wedding lng po…
is it possible, na pagamit ko po sa baby ko ang surname ng ama nya?khit di sya present sa delivery and registration…at wala siyang pirma sa dorsal page?
pls help me po…i’m so confused…
thanks in advance
Good morning!
I would like to ask some questions with regards to my 2 1/2 years old son who is an illegitimate. I broke up with his father when i was 5 months pregnant fo the reason that our relationship is not that good anymore & i don’t want my child be affected of our situation during that time, we always fight & he doesn’t understand my mood swings either. He’s married already but was separated that time. but he was married in the states. (civil lang) when his wife learned that i was pregnant they talked & for some reason they decided that he will go back to his wifes place & live together again. I don;t know what they talked about. I gave him permission & try to distant myself with him ayoko nang makigulo sa knila. BUt during my pregnancy he gave me monthly support for my check up until i gave birth & he also paid for my hospital bills. But he didn’t showed up to see our son. and after that he didn’t give any single centavo to support our son. he didn’t also acknowledge our son & didn’t bother to sign in the bitrth certificate. I tried to talk to him but he always refuse. My son is using my surname.
Now they get married here (church) but still no communication, di pa din nya nakikita anak namin. I tried to invite him nung Baptismal & 1st birthday but he didn’t showed up also. My question is can I demand for a monthly support for my son & how will I do it. I don’t know what to do. My salary is not enough to support our son & im planning to send him to school already. Their family is well-known in our place mga family po sila ng politiko.
PLEASE HELP ME. I NEED AN ADVICE ON WHAT TO DO.
THANK YOU VERY MUCH!
Hi ya,
My question is a bit complex and I dont know how to phrase it without sounding vindictive. My husband’s ex-partner had a child, born 1999. She named her daughter after my husband (wasn’t my husband then)though he wasn’t the father. My husband agreed at that time, but later on decided to sever all ties. Now my question, as the child was born in 1999 – am I correct in saying they have to be married first before she could use his name? My husband said they never got married. (but he could be lying…)I’m not really concern about the support if ever she will ask for it, and I’m not bothered about the idea that my husband got another child in name. My only concern is I want to know if they are married, hence making my children the illegitimate ones and our marriage invalid. Is it possible to name the child after the father even if not married (this is before the new law)? My husband is still insisting they weren’t and quite baffled how his ex-partner managed to name her child after him. A response would be very much appreciated.
My son is illegimate, but he is recognized by his father and my son is using his surname. I want to know about my son’s rights, my rights as a mother of an illegitimate and the father’s rights to my son. Thank you