Illegitimate children may use surname of father
"I have a problem regarding my birth certificate. When I got a copy of my birth certificate from the National Statistics Office, no surname was indicated. I went to the local civil registrar to correct the error, and I was asked to submit several documents such as the birth certificates of my parents, their marriage certificate, identification cards, documents showing that I am one of the beneficiaries of my parents. But my parents are not married and my father has no I.D. card except his Senior Citizen I.D. card since he didn’t work before. My brother’s birth certificate bears the surname of our father. My father had told us he was able to fix my birth certificate. Obviously, it was untrue. Now, I want to fix my birth certificate because I intend to get a passport.Iryl
Dear Iryl,Republic Act No. 9255, or the “Revilla Law” (An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, or the “Family Code of the Philippines”) is the law applicable to your case.
Since your parents are not married, you are considered their illegitimate child. Being an illegitimate child, the law provides that you are to use the surname of your mother. However, if your father willingly recognizes you as his child, he can allow you to use his surname in accordance with Republic Act 9255.Accordingly, for you to be able to correct your birth certificate and have a surname therein, your father shall execute an Affidavit to Use Surname of the Father (AUSF), if your filiation to him is expressly recognized by him. This means that your father has previously executed the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment at the back of your Certificate of Live Birth (COLB).
On the other hand, if your father has not executed either of the said Affidavits, then an Affidavit of Recognition should also be executed by him together with the AUSF.It is worth mentioning that the form of the AUSF is available at the Local Civil Registry Office (LCRO) and it shall be accomplished in triplicate copies wherein all the entries shall be typed or written legibly in blank ink, in all copies.
You have to file three copies of the AUSF together with the Affidavit of Recognition, if necessary, a certified true copy of your COLB and all necessary supporting documents such as employment records, SSS/GSIS, insurance, certification of membership in any organization, Statement of Assets and Liability and Income Tax Return to the LCRO in the place of your birth. (Manual of Instructions dated July 2004 in connection with Republic Act No. 9255 and its Implementing Rules and Regulations issued by the Office of the Civil Registrar General, National Statistics Office, Manila.)Apparently, you have to obtain the necessary documents and to submit them to the LCRO in the place of your birth to be able to correct your Certificate of Live Birth. Otherwise, the LCRO cannot process your application for the use of the surname of your father.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com or via text message (key in: Times dearpao and send to 2299)."
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Illegitimate children may use surname of father"
was written by Mary
under the Legal Advice
category. It has been read 135
times and generated 0
comments. The article was created on 15 September 2021
and updated on 15 September 2021