Posted on October 16, 2006 in Family Law
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.
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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.