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As if giving birth to a child isn't challenging enough, single mothers also have to deal with the complicated process of birth registration for their babies born out of wedlock. What should I put in the birth certificate of my baby in the entry for the name of the father? What surname should my baby use on the birth certificate? These are just some of the questions that a mother of an illegitimate child is eager to have answers to. The answers used to be straightforward. An illegitimate child, as a general rule, shall use the surname of the mother. But the laws governing this issue have changed over the years. In this updated guide, I'll discuss everything you need to know about registering an illegitimate child's birth as well as determining whose parent's surname the child will take. Go back to the main article: An Ultimate Guide to an Illegitimate Child’s Rights, Birth Registration, and Legitimization DISCLAIMER: This article has been written for general informational purposes only and is not legal advice or a substitute for legal counsel. You should contact your attorney to obtain advice with respect to any particular issue or problem. The use of the information contained herein does not create an attorney-client relationship between the author and the user/reader. How To Register the Birth of an Illegitimate Child Born in the Philippines 1. For children born on March 19, 2004 onwards a. If the child is not yet registered As mentioned previously, the general rule is that an illegitimate child (i.e., a child born out of wedlock) shall use the surname of the mother. However, thanks to Republic Act 9255 which became effective on March 19, 2004, an illegitimate child born on the date the law took effect onwards can now use the surname of the father provided that the father acknowledges the child and submits an Affidavit of Acknowledgment/Affidavit of Admission of Paternity. Click here for more information on how to legally acknowledge an illegitimate child Note that unless an Affidavit to Use the Surname of the Father (AUSF) is also executed, the child will not be entitled to use the father's surname. Therefore, the process of registration differs depending on whether or not the AUSF has been executed. How to register the birth if no Affidavit to Use the Surname of the Father (AUSF) is executed First, go to the City or Municipal Civil Registrar where the child was born. Next, obtain and accomplish 4 copies of the Certificate of Live Birth (COLB) Depending on the mode of the acknowledgment used, the father must: (If acknowledged at the back of COLB) Sign the AAP at the back of the COLB(If acknowledged by separate AAP) Execute 4 copies of separate AAP(If acknowledged by PHI) Present the original copy of the PHI to the City of Municipal Civil Registrar where the child was born. In case the father is already deceased, the mother, the person (if of age), or the guardian in the absence of the mother, shall present the original copy of PHI together with the Death Certificate of the father and any two of the following documents showing the paternity between the father and the child: GSIS/SSS records, employment records, insurance policy, Statement of Assets and Liabilities and Net Worth (SALN), Income Tax Return (ITR) Effects: The surname of the child shall be that of the motherChild’s middle name in the Certificate of Live Birth (COLB) shall be blank (no entry)The information about the father shall be written in the COLBIf the child is acknowledged by the father through a separate AAP or PHI, the following annotation shall be written on the Remarks/Annotation portion of the COLB: Acknowledged by (Name of the Father) on (date of execution of AAP or PHI) under (Registry No. of the Affidavit of Admission of Paternity (or PHI). How to register the birth if an Affidavit to Use the Surname of the Father (AUSF) is executed Go to the City or Municipal Civil Registrar where the child was born.Then, obtain and accomplish 4 copies of Certificate of Live Birth (COLB)The father must accomplish/submit the mode of acknowledgment in a manner discussed above (i.e. AAP at the back of COL, separate AAP, or PHI).Finally, submit the 4 copies of AUSF. Effects: The surname of the child shall be that of the fatherChild’s middle name in the Certificate of Live Birth (COLB) shall be the mother’s maiden surnameThe information about the father shall be written in the COLBThere shall be no annotations on the COLB b. If the child is registered under the surname of the mother and the child is not acknowledged by the father at the time of registration. However, the child is now acknowledged by the father through a separate Affidavit of Admission of Paternity (AAP) or a Private Handwritten Instrument (PHI). How to register if acknowledged through AAP or PHI but no AUSF is executed Go to the City or Municipal Civil Registrar where the child was born.Submit 4 copies of AAP or a copy of the PHI together with the supporting documents discussed above. Effects: The original surname of the child as appearing in the COLB shall not be changed or correctedThe name of the father acknowledging the child shall be written in the COLB through annotationThe following annotation shall be written on the Remarks/Annotation portion of the COLB: Acknowledged by (Name of the Father) on (date of execution of AAP or PHI) under (Registry No. of the Affidavit of Admission of Paternity (or PHI). How to register if acknowledged through the AAP 0r PHI and AUSF is executed Go to the City or Municipal Civil Registrar where the child was born.Submit 4 copies of the AAP or a copy of the PHI together with the supporting documents discussed above.Submit 4 copies of AUSF Effects: The original surname of the child as appearing in the COLB shall not be changed or correctedThe name of the father acknowledging the child shall be written in the COLB through annotationThe following annotation shall be written on the Remarks/Annotation portion of the COLB: Acknowledged by (Name of the Father) on (date of execution of AAP or PHI) under Registry No. of the Affidavit of Admission of Paternity (or PHI). The child shall be known as (Full Name of the Child) pursuant to RA 9255.” c. If the child is registered under the surname of the mother and the child is acknowledged by the father at the time of registration and AUSF is later executed How to register the AUSF Go to the City or Municipal Civil Registrar where the child was bornSubmit 4 copies of AUSF Effects: The original surname of the child as appearing in the COLB shall not be changed or correctedThe following annotation shall be written on the Remarks/Annotation portion of the COLB: The child shall be known as (Full Name of the Child) pursuant to RA 9255. 2. For children born from August 3, 1988 to March 18, 2004 For children born on or after August 3, 1988, but before March 19, 2004, the following general rules shall apply in the registration of birth of the child: The child shall use the surname of the mother. (Art. 176, Family Code)The name of the father may be indicated in the birth certificate of the child provided he executes an Affidavit of Admission of Paternity (AAP)The surname of the child shall still be the surname of the mother even if the father acknowledges the child or executes the AAP (Mossesgeld vs. CA, G.R. No. 111455)The AAP shall be permanently attached to and shall form part of the birth certificate of the child which shall have an annotation as follows: With attached Affidavit of Admission of Paternity 3. For children born before August 3, 1988 As implemented in Administrative Order (AO) No. 1, Series of 1993, the Implementing Rules and Regulations of Act No. 3753, the following general rules shall apply in the registration of birth of an illegitimate child born before August 3, 1988: The child may be recognized by both parents jointly or only one of them.The child shall be recognized in the record of birth, a will, a testament before a court of record, or in any authentic writing.The child shall use the surname of the father if the child is acknowledged by both parents.If the child is recognized by only one parent, the child shall use the surname of the parent who made the acknowledgment.The name/s of the acknowledging parent/s shall be indicated in the COLB.The birth shall be registered in the Civil Registrar of the city or municipality where the child was born. How To Register the Birth of an Illegitimate Child Born Abroad For purposes of this article, the guidelines laid down below are for births that occur from March 19, 2004, onwards (the effectivity of RA 9255). Please note the below key concepts as provided under the Implementing Rules and Regulations (IRR) and Manual of Instructions of RA 9255. Report of Birth (ROB) - is the prescribed form used for the declaration of facts and circumstances surrounding the birth of a person born abroad to a Filipino parent/s for purposes of registration.Philippine Foreign Service Post (PFSP) - refers to all Philippine embassies, missions, consulates general, and other foreign service establishments maintained by the Department of Foreign Affairs (DFA). For purposes of the IRR of RA 9255, PFSP shall refer only to Embassies and Consulate General of the Philippines abroad. The Embassy is headed by the Ambassador and is the head of the PFSP while the Consulate General is headed by the Consul General who also has Consul and/or Vice-Consul to assist him in the performance of consular functions. An Embassy has a Consular Section and this is under the Consul General who supervises the consular functions of the Embassy.Consul General (CG) - is an official of the DFA who is issued a consular commission by the President and/or the Secretary of the DFA. In a foreign service post of the Philippines where there is no CG, the civil registration functions and duties under R.A. 9255 and its IRR shall be exercised and performed by the Consul or Vice-Consul. The requirements and process for reporting/registering the birth of an illegitimate child born abroad is essentially the same as when reporting a child born in the Philippines. The difference lies in the place of registration. Here are the basic requirements and guidelines for registering the birth of the child: The ROB shall be registered in the Philippine Embassy or Consulate-General who has jurisdiction over the place of birth of the child.Report of Birth shall be accomplished in 4 copies.If the child is acknowledged by the biological father, the latter shall accomplish 4 sets of Affidavit of Admission/Affidavit of Admission of Paternity (AAP)If the child wants to use the surname of the father, an Affidavit to Use the Surname of the Father (AUSF) shall also be executed in the same manner as described above.The AAP, PHI or AUSF shall be registered in the nearest PFSP of the country of residence. If there is none, to the PSFP of the country nearest to the place of residence of the party concerned.The Consul General, Consul, or Vice-Consul shall then submit the accomplished ROB together with the registered AAP, PHI or AUSF and other supporting documents to the Philippine Statistics Authority through the Department of Foreign Affairs. Please note that if the illegitimate child is born outside of the Philippines but the AAP, PHI or AUSF is executed in the Philippines, the document shall be registered in the Civil Registrar of the city or municipality where the document is executed. Furthermore, each Consulate General requires additional documents to be submitted along with the above-mentioned documents to allow the registration of the child. Please check the Embassy’s website or consular section of the Embassy for specific requirements and instructions. How To Apply for Late Registration of Birth of an Illegitimate Child When do you consider registration of the birth of the child late? Under Rule 19 of A.O. No. 1, Series of 1993, a child should be registered within 30 days from the date of birth in the Civil Registrar of the city or municipality where the child was born, otherwise, the registration is deemed delayed. The same AO further provides the following guidelines when the registration of a child is delayed. Two scenarios: 1. The person is less than 18 years old Who shall file? motherfather, orguardian Where to file? At the Office of the Civil Registrar where the child was born What are the documents required? Four (4) copies of Certificate of Live Birth (COLB) duly accomplished and signed by the proper partiesAffidavit of Delayed Registration at the back of the COLB signed by the father, mother, or guardian, declaring among others, the name of the child; data and place of birth; the name of the father if the child is acknowledged by him; reason for not registering the birth within 30 days after the birth. Note: If the person seeking the late registration of the illegitimate child is not the mother, the person shall also declare in a sworn statement the present whereabouts of the mother.Any two of the following documentary evidence which may show the name of the child, date and place of birth, and the name of the mother (and the name of the father if the child has been acknowledged): Baptismal certificate, school records, income tax return of parents, insurance policy, medical records, or others, such as barangay captain’s certificationAffidavit of Two Disinterested Persons who might have witnessed or known the birth of the child. 2. The person is 18 years old and above Who shall file? The person himself Where to file? At the Office of the Civil Registrar where the child was born What are the documents required? All the requirements for a child who is less than 18 years old (discussed above)Certificate of Marriage, if married Steps at the Office of the Local Civil Registrar Go to the Office of the Civil Registrar (the city or municipality) where the person to be registered was bornFill out the application for delayed registration of birth and submit the required documentsUpon receipt of your application, the civil registrar will examine the Certificate of Live Birth presented whether it has been completely and correctly filled out and all requirements complied. Simulation of Birth (Pretended or Fake Birth Relationship) Let's say you and your spouse want to raise a child given by a relative who doesn't want to keep the baby. Your plan is to register the baby's birth and put your names on the birth certificate as if you're the real parents. Is this proper? you wonder. The answer is NO, it is not proper. The act of simulating the birth of a child, or making it appear that you are the parents of the child by registering the latter’s birth at the local civil registrar when in truth you are not, is a criminal act punishable under Art. 347 of the Revised Penal Code1. According to Republic Act No. 85522, simulation of birth is "the tampering of the civil registry and making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity." Instead of simulating the birth, the proper process for you is to legally adopt your relative’s child. Frequently Asked Questions 1. Can an illegitimate child use his father’s surname? 2. Can a father compel his illegitimate child to use his surname? 3. What is the middle name of an illegitimate child? 4. How and where should I register the birth of an illegitimate child born on an airplane? 5. How can an illegitimate child who is already registered in the Civil Registry change his/her surname (from the surname of the mother to the surname of the father and vice versa)? References