CHANGE OF SURNAME OF AN ILLEGITIMATE CHILD UNDER R.A. 9255

PAGPALIT NG APELYIDO NG ANAK SA BIRTH CERTIFICATE NA HINDI KASAL ANG MAGULANG RA 9255 #familycode How To Change Surname of an Illegitimate Child in the Philippines? The mother, if the child is 6 years old and below, shall execute an Affidavit to Use the Surname of the Father (AUSF) in 4 copies. Please note that if the child is between 7 to 17 years old, the child shall be the one to execute the AUSF with attestation from the mother. If he or she is already 18 years old, the person himself shall execute the AUSF without the mother’s attestation. The AUSF shall be submitted at the Office of the Civil Registrar of the city or municipality where the child was born. Under the present state of the Philippine Family Law, the illegitimate child is granted under Republic Act [RA] 9225 the right to use the surname of his father, subject to the conditions set forth therein. Thus, an act amending the Article 176 of the Family Code of the Philippines states that: 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. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. The original surname of the child as appearing in the birth certificate shall not be changed or corrected. However, in the Annotation/Remarks section of the Certificate of Live Birth (COLB), the following words shall be annotated: “The child shall be known as (Full Name of the Child) pursuant to RA 9255.” The full name of the child shall now be with the surname of the father and can use the surname of the father going forward.