Tag Archive: AUSF


03-06

Of all the questions and clarifications we regularly receive through this blog, changing the last name of an illegitimate child tops our list.  These questions often come from single moms who either:

  1. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the biological father;
  2. Gave their maiden last name to their illegitimate child and now wants the child to use the last name of the adoptive father;
  3. Gave the biological father’s last name to the illegitimate child and now wants the father’s last name dropped from the child’s name and replace it with her last name.

Today’s blog shall focus on these three circumstances and how the processes of achieving the desired results differ from each other.  If you are about to become a single mom, this article may help you in deciding whose last name your child should carry.

What does the Family Code say about illegitimate children?

According to Executive Order No. 209, otherwise known as the Family Code of the Philippines, illegitimate children are children conceived and born outside a valid marriage (Art. 164).  Under the same E.O., illegitimate children shall use the surname and shall be under the parental authority of their mother. (Art. 176).

In 2004 however, Article 176 was amended by virtue of R.A. 9255.  The new law allows illegitimate children to use the surname of their biological father, provided that the father acknowledges his paternity over the child.

How does this new law affect the three cases of changing the last name of illegitimate children?

Before R.A. 9255 took effect, an illegitimate child shall carry its mother’s last name (while the middle name field is left blank) until the biological parents marry and the child is subsequently legitimated.  With the amendment of Article 176 (of R.A. 209), single mothers (and fathers!) now have the option to have the child carry the biological father’s last name in their birth certificates.

a. If an illegitimate child, carrying his mother’s maiden last name, wants to start using his father’s last name, he needs to execute a document, private or public, where he is recognized by his father as his child.  Such documents may be:

  • The affidavit found at the back of the Certificate of Live Birth (COLB); or
  • A separate PUBLIC document executed by the father, expressly recognizing the child as his.  The document should be handwritten and signed by the father; or
  • A separate PRIVATE handwritten instrument such as the Affidavit to Use the Surname of the Father (AUSF).  Note that the AUSF is used when the birth has been registered under the mother’s surname, with or without the father’s recognition.

b. If an illegitimate child, carrying his mother’s maiden last name, wants to use the last name of his adoptive father.

  • This shall follow the process of legal adoption.

c. If the single mother wants to drop the last name of the illegitimate child’s biological father from the child’s birth certificate.

  • This is a relatively new scenario that may have surfaced after R.A. 9255 took effect.  When unmarried parents decide to let the child use the father’s last name and then separate later on, the single mother may soon decide that her child’s birth certificate is better off without her ex-partner’s name on it.
  • This case needs to undergo court hearing and the results are entirely dependent on how the proceedings will go.  This may also entail more costs, time, and effort before a favorable result is achieved.

While the said amendment gives parents the liberty to let their illegitimate child carry the biological father’s name (or any other man’s name for that matter, as long as he is willing to let his last name be used by the child), it also opens opportunities for problems on the child’s birth certificate when the mother and the father do not end up marrying each other.  Keep in mind that after a child’s birth certificate has been duly registered at the LCR and a copy has been released to the PSA, any changes, especially those affecting the child’s last name, may prove to be more complicated than we would care to admit.

What is a single parent’s best recourse in order to avoid problems on the child’s last name?

If we are to base our answer on the above scenarios, then the best option would be for a single mother to simply let her child use her maiden last name, sans the middle name.  This leaves enough room for changes later on, minus the hassle of a court order.

a. If the child is using his mother’s maiden name, he can easily adopt his biological father’s last name in case his parents marry later on;

b. If the child’s mother marries a different man, the stepfather may simply adopt the child and give the child the legal right to carry his name.  Without adoption, the child is free to carry his mother’s maiden last name.

This is merely a personal opinion based solely on the numerous cases of dropping the last name of an illegitimate child due to unforeseen circumstances between his unmarried parents.  You are free to choose the option you deem best and applicable to your situation.  As an additional option, consider it best to consult a lawyer who may be able to provide you with professional advise on your situation.

Reference: http://www.psa.gov.ph

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02-07

A child born out of wedlock is an illegitimate child.  Under the law, such children shall carry their mother’s last name on their birth certificates unless their father provides his consent to let the child use his last name.  In cases when the parents of an illegitimate child decide to marry later on, the child’s status is effectively changed to “legitimate”.  And as a legitimzied child, he or she is given the same entitlements as that of a legitimate child, retroacting to the time of the child’s birth.  This includes the child’s right to use her father’s surname.

So how come “legitimized” children, who have been using their father’s last name since after their parents got married (after their birth), are still required to execute an AUSF (Affidavit to Use Surname of Father) if they want to use their father’s last name on their passports?  (Otherwise, their passports shall bear the last name of the mother as if their birth right is still illegitimate).

When a child is “legitimized”, certain procedures must be undertaken in order to apply the child’s father’s last name on the child’s birth certificate.  Unless the necessary amendments and attachments have been officially applied on the child’s birth certificate, her right to use her father’s last name may still be questioned.

When applying for a passport, the DFA requires a copy of the applicant’s PSA Birth Certificate.  This shall be their basis for the person’s information, including and most especially, the person’s name.  If the birth certificate is not supported by documents attesting to the fact that the person has been “legitimized”, he or she may not be able to use the father’s last name on his passport.

If you were legitimized (due to subsequent marriage of your parents), you need to accomplish the following in relation to your use of your father’s last name:

a. Visit the office of the Local Civil Registrar where your birth was registered and secure the following documents:

  • Affidavit of Paternity/Acknowledgment (certified photocopy)
  • Joint Affidavit of Legitimation
  • Certification of Registration of Legal Instrument (Affidavit of Legitimation)
  • Certified True Copy of Birth Certificate with remarks/annotation based on the legitimation by subsequent marriage.

b. Verify that the birth certificate (of the legitimated child) and the marriage contract of the parents have been certified by the PSA.  If not, secure it from the city or municipal Civil Registrar’s Office where the child was registered and where the parents were married.

When applying for a passport and you would like to use your father’s last name:

  • Bring a copy of your PSA Birth Certificate.
  • Check to make sure that your copy includes an annotation regarding your new status as legitimated.
  • If the legitimized child is still a minor, the mother must be present during the passport application.
  • If the mother is abroad, the person accompanying the child (including the father), must be able to execute the following:
    • Affidavit of Support and Consent
    • Special Power of Attorney authenticated by the Philippine Embassy in the country where the mother resides.

A legitimized child may use her father’s last name on her passport provided her PSA Birth Certificate bears the necessary annotations regarding her legitimation and documented proof that the father has allowed the child to use his last name (AUSF, Affidavit of Support and Consent).

Sources:

http://www.dfa.gov.ph/

https://psa.gov.ph/content/application-requirements

http://www.manilatimes.net/illegitimate-child-has-to-use-mothers-surname/230283/

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31

Parents who have children born before they were married can have their children legitimized by executing an Affidavit of Legitimation.  This must be submitted to the Office of the Civil Registrar of the child’s birthplace.  Court decrees, on the other hand, are legal instruments concerning the status of a person such as Admission of Paternity, Legitimation, Affidavit to Use the Surname of the Father (AUSF), and the like.

Registration of court decrees as well as requests for CTCs of annulment, adoption, correction of entry, change of name, presumptive death, and the like are handled at Counter 7 of the Quezon City Hall.  On the other hand, Court Decrees with finality and annotation as well as Legitimation papers must be submitted to Counter 15.

The following are the requirements when filing for Legitimation at the Quezon City Hall as well as the fees to be paid for other cases such as annulment of marriage, adoption, etc.

Requirements for Legitimation:

  1. Joint Affidavit of Legitimation signed by both parents.
  2. Certified True Copy of Marriage Contract
  3. Certified True Copy of Birth Certificate
  4. Admission of Paternity/Acknowledgment of Father
  5. Certificate of No Marriage (CENOMAR) from NSO.

Other requirements will be on a case-to-case basis.  Allow two to four working days as processing time; you will be given a claim stub for your filed request.

Registration Fees:

  1. Annulment of marriage – PHP 500.00
  2. Correction of entry or change of name – PHP 400.00
  3. Per registration of supplementary reports or documents as additional data – PHP 100.00
  4. Legalization of Aliens – PHP 500.00
  5. Local Adoption – PHP 1,000.00
  6. Legitimation – PHP 400.00
  7. Foundling – PHP 500.00
  8. Naturalization – PHP 1,000.00
  9. Foreign Adoption – PHP 1,000.00
  10. Repatriation – PHP 1,000.00
  11. Presumptive Death – PHP 1,000.00
  12. Per registration of other documents – PHP 300.00

Source: http://quezoncity.gov.ph/index.php/qc-services/requirements-a-procedures/261-civilregguide

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Manila City Hall_5

An illegitimate child, using his mother’s last name as his family name, may be permitted to use his father’s last name by virtue of an Affidavit to Use the Surname of the Father or AUSF.  This includes children born whose births are yet to be registered at the LCR and were born on or before August 3, 1988.

Here are the steps to be taken when filing an AUSF at the Manila City Hall.  Kindly take note that fees and schedules of interview may vary depending on the municipality; the following were lifted from the website of the Manila City Hall and are applicable to parties transacting there.

What You Need To Bring:

(a). Latest certified copy of birth certificate of the child.

(b). Valid ID of Father and Mother (original and photocopy).

(c). Community Tax Certificate (Cedula) of Father.

(d). Original and photocopy of child’s baptismal certificate.

(e). Certified true copy and original school records showing the names of the parents.

(f). If child’s mother is deceased, submit certified copy of Death Certificate (latest copy).

(g). If child is of legal age, submit a valid ID.

Note: Both parents must accompany the child (even if child is of legal age) during the interview.

Additional requirements for the father in case he does not expressly recognize filiation with the child.  This is applicable in cases when the father could not be present during the filing of the AUSF (residing abroad, deceased, physically incapable):

(a). Employment records

(b). SSS/GSIS records

(c). Insurance

(d). Certificate of Membership in any organization

(e). Statement of Assets and Liabilities

(f). Income Tax Return (ITR)

Submit all documents to the Manila City Hall.  Please note that all applications are subject for evaluation.

Interviews for RA 9255 are conducted every Monday only.  Below are the filing fees:

P420.00 (with Paternity)

P520.00 (without Paternity)

Source: http://manila.gov.ph/services/civil-registry/

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No BC_Illegitimate_No Mother

Alona is an illegitimate child, born to parents who were barely out of their teens.  Her mother gave her up for adoption when she was just a few days old, in exchange for a plane ticket from Manila to Iloilo.  She was never heard of from again.  Upon learning that his daughter was given to a complete stranger, Dexter (Alona’s father) requested for assistance from the barangay so he can take his daughter back.  After negotiating with the family who paid for Alona’s adoption, Dexter was finally able to take his daughter home and promised to do everything he can to raise her on his own.

Father and daughter sailed from Manila to Dumaguete and there, Alona grew up in her grandparents’ farm house while Dexter continued his studies in Cebu.

Alona is all grown up now and would like to apply for a passport so she can work abroad.  Her only problem is that she does not have a birth certificate and is clueless on how to get one.  Her father, Dexter, told her that she was born in Manila but since they have both migrated to Dumaguete, he is not sure if Alona’s birth can be registered in Dumaguete.

She has three problems:

  1. Alona does not have a birth certificate.
  2. She has not heard from her mother ever since she was born and in spite of several attempts to get in touch with her mother, all her efforts returned futile.
  3. She no longer lives in the city where she was born.

According to the Philippine Statistics Authority (PSA) website (www.psa.gov.ph) , cases such as this can be worked out by filing for an Out-of-town (because she no longer lives in the city where she was born), Delayed Reporting of Birth.

The requirements for delayed registration of birth are in this previous article we posted last month.  Once Alona has these documents on hand, she can present these to the civil registrar of the LCRO of Dumaguete who shall then forward the documents to the Manila City Hall for proper registration.

Since Alona is an illegitimate child and born on September 21, 1990, there is the issue on her last name and her parents’ acknowledgment of her birth.  Only her father is present, and essentially, willing to acknowledge her as his child.

According to the PSA, if the child’s birth certificate is not yet registered and the father acknowledges his paternity over the child, the child can use the father’s last name following the procedures for R.A. 9255.

Since Dexter wanted for Alona to use his last name on her birth certificate, they need to include these documents when filing for Alona’s registration of birth:

  1. Affidavit to Use Surname of Father (AUSF)
  2. Consent of the child, if 18 years old and over at the time of the filing of the document (this applies to Alona).
  3. Any two of the following documents showing clearly the paternity between the father and the child:
    • Employment records
    • SSS / GSIS records
    • Insurance
    • Certificate of membership in any organization
    • Statement of Assets and Liabilities
    • Income Tax Return (ITR)

Sources:

https://psa.gov.ph/civilregistration/technical-notes-vital-statistics

http://www.psa.gov.ph/civilregistration/problems-and-solutions/birth-certificate-not-yet-registered-and-father

http://www.census.gov.ph/civilregistration/republic-act-9255

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How to Change an Illegitimate Child's Last Name to Father's Last Name

Can illegitimate children use their father’s last name?  What are the policies regarding a father’s acknowledgment of his illegitimate child when the child was born on or after August 3, 1988?

Sandra was born when both her parents were just fresh out of college.  Her mom, Irene, still lived with her parents while her dad, Henry, stayed in the province to help in his family’s farm business.  They were discouraged by their respective families from getting married just because a baby is on its way.  They were given the freedom to think long and hard before making a final decision.

On October 25, 1988, Sandra was born.  The family code dictates that illegitimate children born on or after August 3 of that year shall use their mother’s maiden last name whether their father admitted his paternity over them or not.  Sandra grew up using her mother’s last name and have always known that she is an illegitimate child.  Henry, on the other hand, never failed to provide support for Sandra’s needs while growing up.  He was also present in all of the milestones of Sandra’s progress from infancy

In January 2004, a year before Sandra was due to graduate from high school, Henry was diagnosed with stage 4 cancer.  He only had a few months left to live.

Upon realizing this, Henry immediately contacted Irene and said that he would like to leave all of his properties to Sandra.  This will help secure her future even when he is no longer around.

The process would have been very simple except that Sandra’s birth certificate does not show Henry as her father – her last name is Paterno, Irene’s maiden last name.  In order for Henry to bestow his assets to his daughter, he needs to show proof that Sandra is his heir.

They wasted no time and consulted a lawyer who advised them that Henry can actually prove his paternity over Sandra by executing an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF).

Here’s what they needed to do:

a. Write an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF) and have both notarized.

b. Who shall file:

  • The child, if of age
  • Mother
  • Father
  • Guardian

c. Where to file:

  • Civil registry office where the birth of the child was registered.\
  • If born abroad, file with the Consul of the Philippine Embassy where the child is born.
  • In cases of children born abroad, the birth certificate shall be annotated by the NSO (PSA now).

The year of Sandra’s birth had a lot to do with the process that they went through so she can rightfully use her father’s last name.  She was born after August 3, 1988 to unmarried parents; this resulted to her using her mother’s last name as her last name.  In order for her to use her father’s last name, Henry had to execute and file the above affidavits.

With the help of a lawyer and kind employees at the LCR office where her birth was registered, Sandra was able to get the updated copy of her PSA birth certificate in time to complete her documents for graduation.

In April 2005, she proudly marched on stage and received her high school diploma as Sandra P. Rodriguez, daughter of the late Henry Rodriguez.

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