Skip to content An illegitimate child is the one who is born of parents who are not married to each other or are born out of wedlock. Children conceived and born outside a valid marriage is illegitimate unless otherwise provided in the Family Code (Art. 165, F.C.).
There are certain rules on the registration of births of illegitimate children who were born prior to August 3, 1988 and defined under the Civil Code of the Philippines and those children whose birth were not previously registered. The following rules include:
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- Recognition or acknowledgement of an illegitimate child may be made jointly by the father and mother or by one of them under Art. 276, C.C. When they make separate recognition, he or she should 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)
- An illegitimate child has the right to bear the surname of the parent recognizing him. In case an illegitimate child is not recognized or acknowledged by both parents, in accordance with law shall be registered under the surname of the mother.
- Recognition shall be made on the record of birth at the time of registration. If so, the affidavit of acknowledgement printed at the back of the Certificate of Live Birth shall be signed and sworn to jointly by both parents of the illegitimate child or only by the mother if the father refuses.
- The father of an illegitimate child who wishes to have his name indicated in the Certificate of Live Birth, Item 13, shall execute an affidavit of Admission of Paternity in lieu of the affidavit of acknowledgement. It does not entitle the child to use the surname of the father; it is for the support and succession only.
- Birth Certificates can be filed in Civil Registry where the birth of the child is registered. In case born abroad, it can be filed with the Consul of the Philippine Embassy where the child is born and have the birth certificate annotated by the NSO now PSA.
If an illegitimate child was born after August 3, 1988, the rules are as follows
- If the birth certificate of the child is already registered and is under the name of the mother and the father, both should execute an affidavit of acknowledgement. Surname of the father can be use by applying the provisions of R.A. 9255.
- The affidavit of acknowledgement executed by the father should be registered with civil registry office where the birth of the child was registered. In case the surname of the mother was used, an Affidavit to Use the Surname of the Father (AUSF) should also be executed with the civil registry office.
- The father, mother, or the guardian or even the child if at age can file the birth certificate.
- Birth Certificates can be filed in Civil Registry where the birth of the child is registered. In case born abroad, it can be filed with the Consul of the Philippine Embassy where the child is born and have the birth certificate annotated by the NSO now PSA.
- If the child is not yet registered and the father acknowledges the child, the child can use the surname of the father, carrying with him/her supporting documents like authentic, private handwritten instrument that would prove the paternity of the father over the child following the procedures of R.A. 9255. Thus, even if an illegitimate child can use the surname of the father the child’s status will not change and shall remain illegitimate.
- If, on the other hand, the father does not recognize the child, the general rule shall prevail wherein the surname of the mother shall be used. Furthermore, with regards to the child’s middle name, it must be left blank in the birth certificate.
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