When can an illegitimate child use the surname of his father?

Illegitimate children can use the surname of their father if:

  1. Their filiation has been expressly recognized by the father through the record of birth appearing in the civil registrar;
  2. When an admission in a public document or a private handwritten instrument is made by the father.

Children born out of wedlock, also known as illegitimate children, may use the surname of the father under Republic Act No. 9255.

All you need is to file the necessary application with the civil registry of the place where your child was born along with the following documents:

  1. Certified true copy of child’s birth certificate (most require NSO certificates)
  2. Affidavit to Use the Surname of the Father
  3. Valid IDs of parents or the registrant if 18 years or older.
  4. For certificates of live birth with unknown fathers, submit additional documents such as the affidavit of acknowledgment/paternity and documents showing father’s signature like SSS, GSIS Policy Contract, ITR, PhilHealth and other proof of filiation.
  5. Note: In some cities/municipalities, the local civil registrar may require the personal appearance of the mother and father to confirm their identities.

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Family Code, Filiation, Paternity and Filiation, Question and Answers and tagged , , , . Bookmark the permalink.

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