An illegitimate child (born outside of a valid wedlock), prior to the enactment of the new law, may only use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname (Article 176 of the Family Code). This provision, however, was subsequently amended.
Illegitimate children can now use their father’s surname. Republic Act No. 9255, also known as “An Act Allowing Illegitimate Children to Use the Surname of their Father“, intends to remove (or diminish) the shame and stigma which accompanies illegitimacy. Do not confuse R.A. 9255 with R.A. 9225, which relates to dual citizenship (click here). The benefit applies to everyone, whether born before or after the effectivity of the law, and includes registered and unregistered births.
The new law took effect on March 19, 2004, which was less than a year after the Supreme Court upheld the denial of an illegitimate child’s request to use the surname of her father. In that 2003 case, the Supreme Court applied the old law (Article 176 of the Family Code), noting that where there’s no right, there is no remedy. By the way, the original Article 176 reads:
Article 176. 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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
For the Implementing Rules and Regulations of R.A. 9255, click here. For the guidelines/procedure on the new law, please proceed to the great site of the National Statistics Office (NSO). Click here or here.
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Hi Attorneys,
Just a query, regarding RA 9255. Can a father file AUSF w/o consent of the mother?
It was my brother’s case wherein the child at 7 mos. old was left out by her mother to his care. The obligation of child rearing, food and shelter was provided by the father alone. The family of the mother (lola) sometimes took a visit to the child and picks her up once or twice a month. And it was only when the child turned a year and so that the mother showed up when she left her child for another man. And then an agreement comes up between my brother and the mother of the child in the local gov’t (barangay) on the days where the child should stay.
The mother and father of the child, both have their own family. My brother asked for the mother to allow him to use his surname but the mother refused and do not want to cooperate at a very indifferent attitude.
On this particular case, what should the father do to have his child’s surname changed to his w/out mother’s consent? It was him who really took care of the child.
The child was born Dec. 2003.
You’re advice would be greatly appreciated.
Thank you,
glens
Hi attorneys…sorry but im not good in english…im good in filipino and spansih…so il just tell it to filipino
ganito po kasi yun…
kasi ganito po yun yung wife ko po, may anak na po pero sa ibang lalaki …so posible po ba napalitan ang surname?