Who Are Illegitimate Children

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Who are illegitimate children?

Children conceived and born out a valid marriage are illegitimate,

unless otherwise provided in the Family Code (Art. 165, F.C.)

Who are considered illegitimate children?

The following are illegitimate children :

1. Children born to couples who are not legally married or of common-law marriages;2. Children born of incestuous marriages;

3. Children born of bigamous marriages;4. Children born of adulterous relations between parents;5. Children born of marriages void for reason of public policy under

Art. 38 of the Family Code;

6. Children born of couples below 18, whether they are married (whichmarried is void) or not; and,

7. Children born of other void marriages under Art. 15 unlessotherwise provided. (OCRG Cir. No. 89-13 dated July 17, 1989)

What is the rule on the registration of births of illegitimate

children who were born prior to August 3, 1988?

Illegitimate children as defined under the Civil Code of the Philippines

who were born prior to August 3, 1988 and whose births were not

previously registered shall be registered under the following rules in

addition to those provided for delayed registration of births;

1. Recognition or acknowledgement of an illegitimate child may bemade jointly by the father and mother or by only one of them (Art.

276, C.C.) When the father or the mother makes the recognitionseparately, he or she shall not reveal the name of the person with

whom he or she had the child; neither shall he or she state any

circumstance whereby the other parent may be identified (Art. 280,

C.C.)

2. An illegitimate child has the right to bear the surname of the parentrecognizing him (par. 1, Art. 282, C.C.) However, an illegitimate


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child who is not recognized or acknowledged by both parents inaccordance with law shall be registered under the surname of the

mother (Opinion No. 147 s. 1986, Minister of Justice)

3. Recognition shall be made in the record of birth, a will, statementbefore a record, or in any authentic writing (Art. 278, C.C.). If made

on record of birth at the time of registration the affidavit ofacknowledgement printed at the back of the certificate of live birth

shall be signed and sworn to jointly by the parents of the

illegitimate child, or only by the mother if the father refuses (Sec. 5,Act No. 3753).

May an illegitimate child born on or after August 3, 1988 carry

the surname of the father if the father executed an affidavit of

admission of paternity?

Illegitimate children born on or after August 3, 1988 shall use the

surname of the mother. (Section 1 OCRG Circular No.4 dated October

11, 1988).

The father of an illegitimate child who wishes to have his name

indicated in item 13 of the Certificate of Live Birth shall execute an

affidavit of Admission of Paternity in lieu of the affidavit of

acknowledgement. The purpose of affidavit of admission of paternity is

for the support and succession only, and it does not entitle the

illegitimate child to use the surname of his father. (Section 2 OCRGCircular No. 4 dated October 11, 1988)

What is the rule on the registration of births illegitimate

children who were born on August 3, 1988 and thereafter?

The following rules shall govern the registration of illegitimate children

who were born on August 3, 1988 and thereafter:

1. An illegitimate child shall use the surname of his mother (Art. 176,F.C.) regardless of whether or not his father admits paternity

(opinion of Civil Code Revision Committee, September 23, 1988).

2. The name of the father of the illegitimate child may be indicated onthe birth certificate of the latter whenever the former executes an

affidavit of admission of paternity, provided that such affidavit shall

not affect the naming of the illegitimate child (opinion of the Civil

Code Revision Committee, September 23, 1988)

3. The affidavit mentioned in the immediately preceding paragraph, if


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executed by the father shall be permanently attached to and shallform part of the birth certificate of the illegitimate child. The birth

certificate in such a case must have a remark "With Attached

Affidavit of Admission of Paternity" impressed with a rubber stamp

at the upper left-hand margin and duly signed by the local civil

registrar or authorized civil registry personnel.4. Illegitimate children falling under this classification who were not

registered within the prescribed period of registration shall comply

with the requirement of delayed registration of births. (Section 4Circular No. 89-13 dated 17 July 1989)

Reference: http://www.census.gov.ph/content/faq-civil-

registration-procedures-births

PROBLEMS AND SOLUTIONS

1. Birth certificate already registered and child is under the surnameof the mother and the father executed an affidavit of

acknowledgment

You can use the surname of the father by applying the provisions of R.A.

9255.

The affidavit of acknowledgment executed by the father should be registered

with the civil registry office where the birth of the child was registered. Since

the surname being used is the surname of the mother, an Affidavit to Use

the Surname of the Father (AUSF) should also be executed with the civil

registry office where the birth is registered.

Who Shall File

Father Mother Child, if of age Guardian

Where to File

Civil registry office where the birth of the child is registered.
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If born abroad with the Consul of the Philippine Embassy where the childis born.

In cases of children born abroad, the birth certificate, shall be annotatedby the NSO

Supporting Documents

1. Affidavit of acknowledgment executed by the father2. AUSFReference: http://www.census.gov.ph/civilregistration/problems-

and-solutions/birth-certificate-already-registered-and-child-under

2. Birth certificate already registered and child is under the surnameof the mother and a Private Handwritten Instrument (PHI) by the

father is presented

You can use the surname of the father by applying the provisions of R.A.

9255.

The PHI executed by the father should be the basis in order for you to use

the surname of your father. Since the surname being used is the surname of

the mother, an Affidavit to Use the Surname of the Father (AUSF) should

also be executed with the civil registry office where the birth is registered.

Who Shall File


Where to File

Civil registry office where the birth of the child is registered. If born abroad with the Consul of the Philippine Embassy where the child

is born.
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In cases of children born abroad, the birth certificate, shall be annotatedby the NSO.

Supporting Documents

1. PHI executed by the father2. AUSFReference: http://www.census.gov.ph/civilregistration/problems-

and-solutions/birth-certificate-already-registered-and-child-under-0

3. Birth certificate is not yet registered and the father acknowledges

the child at the back of the birth certificate or in a separate public

instrumentThe child can already use your last name following the procedures for R.A.

9255.

Who Shall File


Where to File

Civil registry office where the birth of the child is registered. If born abroad with the Consul of the Philippine Embassy where the child

is born.

In cases of children born abroad, the birth certificate, shall be annotatedby the NSO.

Reference: http://www.census.gov.ph/civilregistration/problems-

and-solutions/birth-certificate-not-yet-registered-and-father
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