Dear Atty. Peachy,
My husband and I had been married for 15 years now. We were blessed with four wonderful children. Our eldest is already in high school and will be going to college in a few years. She was born during the time that my husband and I were not yet married. No acknowledgement of paternity was signed at the time that we registered her birth. Hence, our daughter had been using my surname since birth until now. My husband and I wish that she will be able to use our family’s surname like the rest of her siblings by the time she goes to college. Can our daughter use her father’s surname even if she was born outside of our marriage and she has been using my surname for 17 years already? If so, how do we go about it? Do we need to file a case in court?
Rose
Dear Rose,
Yes, your daughter can use the surname of your husband by applying the provisions of RA 9255 which allows an illegitimate child to use the surname of his or her father, provided that an Authority to Use the Surname of the Father is executed and the father acknowledges the child as his.
You or your husband may file the Affidavit of Admission of Paternity and the Affidavit to Use the Surname of the Father (both executed by your husband) at the Local Civil Registry Office (LCRO) where your daughter’s birth certificate was registered. The LCRO shall review the submitted documents as well as the entries in the Certificate of Live Birth of your daughter. If all entries are deemed correct and accurate, these will be recorded in the Register of Legal Instruments. Your daughter’s Certificate of Live Birth shall be annotated on the Remarks portion of the Register of Births. Your daughter’s new last name shall not be placed on the last name field of the birth certificate but will appear as an annotation.
Please note that the Affidavit of Acknowledgement of Paternity does not alter the legitimacy status of your daughter. The Affidavit of Acknowledgement of Paternity only establishes paternity for illegitimate children which grants them certain rights under the law. Changing the status of your daughter from illegitimate to legitimate will require another legal process such as legitimation or adoption, as the case may be.
I hope these helps and I wish the best for your entire family.
Atty. Peachy Selda-Gregorio
