Tag Archive: Illegitimate


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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Single Mom

Illegitimate children are able to carry their father’s last name by virtue of an Affidavit of Acknowledgment and an Affidavit to Use the Surname of the Father (AUSF).  Should the parents decide to get married later on, the illegitimate children’s birth rights may also be changed from “illegitimate” to “legitimate” through the process of Legitimation Due to Subsequent Marriage (of parents).

In some cases though, the father exits the picture and the mother is left to take care of the children on her own.  This can go from bad to worse when the father ends up marrying a different woman, completely abandoning his responsibilities with his children from his previous relationship.

Such is the case of Patty, a single mother of 2 children, born 2 years apart.  She is a call center agent and is raising her kids with the help of her parents.  Her boyfriend, Alex, left her and their children before her youngest son was even one year old.  He said that he was leaving for the U.S. to work and promised to send financial support for the children’s needs and education.  A few months after he left, Alex told Patty that he needs to marry his high school classmate who is now a U.S. citizen in order for him to legally work in Florida.  “Marriage for convenience lang.”

Patty’s worst fears were confirmed when she received an email from Alex telling her that he and his wife will be migrating to New Zealand soon and he could no longer promise to send his regular support for their children.  A few months after that, Patty found out that Alex and his new wife were expecting their first child.  She was devastated.

Patty’s children carry Alex’s last name in all of their identifications, including their PSA birth certificates.  Now that Patty is left to raise both kids on her own, she would like for the children to drop their father’s last name and carry hers instead.  She would not allow for Alex to have the honor of giving his name to his children when he has now clearly abandoned them for his new family.

Question is, can Patty have Alex’s last name dropped from the children’s birth certificates?

Based on the Philippine Statistics Authority (PSA) website, www.psa.gov.ph, an illegitimate child has the right to carry his father’s last name for as long as the father duly acknowledged him by virtue of the following:

  • The father executed an Affidavit of Acknowledgement
  • The father presents a Private Handwritten Instrument (PHI)
  • The father acknowledged the child at the back of the birth certificate or in a separate public instrument.

With respect to any of the above conditions, the child’s birth certificate bears his father’s last name as his last name.  Although he is still considered “illegitimate” (since his parents were not married at the time of his birth), he is given the right to use his father’s last name.

Dropping or removing the father’s last name from the children’s birth certificate, even if their birth right is illegitimate, must go through a court order.  It is not considered a clerical error and therefore, changing the child’s last name cannot be done by simply filing a petition for clerical error.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/born-after-august-3-1988

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Legitimation

When a child is born out of wedlock, his or her birthright is marked as illegitimate.  The child carries the last name of his mother unless he is acknowledged by his father on paper or his parents decide to get married later on.  Should it be the latter, the child is able to carry the father’s last name by virtue of a legitimation process.  This means that the illegitimate child’s birthright shall be changed to legitimate without the need of a court order.

Such is the story of Dess, an illegitimate child whose parents got married before she turned 10 years old.  Her parents worked on her legitimation right after they got married so that Dess can rightfully carry her father’s last name.  However, when they requested for a copy of her PSA birth certificate to complete her college graduation document requirements, they found out that no changes on her last name, nor any annotations, were applied on her birth certificate. She was still marked as illegitimate and still bears her mother’s maiden last name as her last name.

What could have happened?

Dess and her parents already had a copy of her Certificate of Legitimacy.  This was the document they received from the LCR when they filed for her legitimation.  On their copy, there is an annotation that read:

Legitimated by subsequent marriage of parents (mother’s maiden name) and (father’s name) on (date of marriage) at (place of marriage) under Reg. No. XXXX-XXX.  Hence, the child should now use the name (name of child using father’s surname).

Dess has been using the name Odessa Castro Talajib – Talajib being her father’s last name – since she was 11 years old.

Dess’ parents should have submitted to the PSA the Certificate of Legitimacy that they got from the LCR when they filed for her legitimation.  This would have triggered PSA’s certification and updating of Dess’ records in PSA’s files.  In other cases, the LCR where the legitimation was applied for, may also submit the Certificate of Legitimacy on the client’s behalf.  You just need to make constant follow-ups to make sure that the documents are duly processed.

For our information, here is the list of requirements when filing the Certificate of Legitimacy at the PSA:

Legitimation by Subsequent Marriage

  1. Secure the following documents from the city / municipal Civil Registrar’s Office (C/MCR) where the birth of the child was recorded:
    • Affidavit of Paternity / Acknowledgement (Certified Photocopy)
    • Joint Affidavit of Legitimation
    • Certificate of Registration of Legal Instrument (Affidavit of Legitimation)
    • Certified True Copy of Birth Certificate with remarks/annotation based on the legitimation by subsequent marriage.
  2. Verify the original birth certificate at the National Statistics Office (NSO).  If negative result, secure it from the C/MCR Office where the child was originally registered (certified photocopy).
  3. Verify the marriage contract of parents at NSO.  If negative result, secure it from the C/MCR Office where the marriage was solemnized (certified true copy).

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

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No Middle Name

When an illegitimate child is born, it is likely that he will be given his mother’s last name as his last name.  In which case, the middle name field on his certificate of live birth will be left blank.

There are two possible scenarios to be observed when correcting or supplying a middle name on an illegitimate child’s birth certificate:

a. If the child is acknowledged by the father.

To supply the omitted middle name on the child PSA birth certificate, a supplemental report should be filed.  The supplemental report may be filed by the owner of the birth certificate (if of age), his spouse, children, his parents, siblings, grandparents, guardians, or any other person duly authorized by law or by the owner of the birth certificate.

If the owner was born in the Philippines, he needs to file the supplemental report at the LCR office where his birth was registered.  If born abroad, he needs to file this at the Philippine Consulate of the country where he was born.  In case he is already permanently residing in the Philippines, he needs to provide supporting documents which shall then be forwarded to the Department of Foreign Affairs.

b. If the child is not acknowledged by the father.

If the child’s biological father fails to acknowledge the child, the middle name shall not be supplied anymore and the child shall carry his mother’s maiden last name as his last name.

On the other hand, legitimate children should always have a middle name indicated on their birth certificates.  In case this entry is missing, a supplemental report, containing the reason why the child’s middle name was omitted, must be filed at the LCR where the child’s birth was registered.

Source: https://psa.gov.ph/civilregistration/problems-and-solutions/no-middle-name

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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.

Parental Travel Permit

Paul and Becca’s relationship has always been shaky. Even while they were dating, they would have episodes of verbal and physical abuse, mostly inflicted by her to him than the opposite. They parted ways before graduating from college only to reunite a few years later when Becca’s mother passed away and she needed someone to lean on. Paul offered friendship but Becca wanted more. Paul obliged and the rest is history.

Shortly into their first year of getting back together, Becca gave birth to their daughter, Kathy. Paul had big plans for his young family and worked harder in the small restaurant business that he put up after college.

So he was really surprised when Becca announced that she is leaving him and will be moving back in with her siblings. At first, she took their baby with her and would not let Paul see her unless he has groceries and other supplies for their child. Later on, Becca would let Paul borrow Kathy during weekends and on trips to Paul’s side of the family. One unexpected day, Becca’s sister brought Kathy to Paul’s condominium, complete with the child’s clothes and other belongings. She said that Becca ran off with a guy she met at work and they do not know where she is. And that Paul needs to take in Kathy now that her mother is nowhere to be found.

Kathy grew up under her father’s care. Paul provided handsomely for his only child; now that Kathy is eight years old, he wants to take her to Hong Kong Disneyland and see Queen Elsa in person. Kathy is ecstatic and could not wait for summer vacation so she and Daddy can finally fly out.

There is one catch though.

Since Kathy is an illegitimate child, Paul needs to secure a Parental Travel Permit from Becca so he can be allowed to take Kathy out of the country for their vacation. But Becca is nowhere to be found. From the day Kathy was brought to Paul’s condominium almost eight years ago, they have not heard from Becca anymore. They went to Becca’s parents’ hometowns, to her friends and colleagues; Kathy even spent one whole summer vacation at Becca’s sister’s house in Laguna hoping that Becca would drop by, call, or send a letter or email. They searched through the internet and in every available social media channel where she may be maintaining an account. But all their efforts were futile.

No one knows where she is or if she is still alive. She has literally abandoned, not just her daughter and her family, but her entire life. She literally disappeared without a trace.

Paul is faced with a dilemma. How does he take Kathy to Disneyland without that Parental Travel Permit?

Article 176 of the Family Code of the Philippines states that the biological mother is vested with the sole parental right over her illegitimate child (or children). This is the reason why biological fathers need to seek the mother’s permission to take their children on out-of-town trips. But what if the mother has gone missing like in the case of Becca?

The fact that custody rights are given to mothers says a lot about the woman’s unique ability to nurture children and families. However, there are also cases when the mother is seen to be unfit to care for her kids. There are those who choose not to be responsible for raising their children and therefore, give up their custody rights to the biological father of their children (or any other family member, friends, or complete strangers as in the case of adoption) while others are compelled to give up their right because of personal circumstances that affect their abilities to mother their children. In such cases, the custody is given to the biological father – but not without a proper court order to support the transfer of custody rights.

That is exactly what Paul worked on in order to take his daughter to their dream vacation. He sought the services of a lawyer friend and together, they studied his situation and how they can be given a court order stating that Paul now has the sole custody over Kathy.

Fortunately for Paul, Becca’s siblings threw in their support for Kathy’s sake. They testified that their sister has not had any communication with them or with Kathy for almost eight years now. They heard somewhere that she has migrated to the U.S. but they have yet to confirm this news. They also confirmed that it was Paul who has been providing for Kathy’s education, shelter, and other basic needs ever since she was born.

Once Paul is granted that court order, he and Kathy can begin exploring the world. Both of them are hopeful that Paul’s petition would return positive results. If Paul is granted the custody, they would not even need a DSWD Travel Clearance if he and Kathy are traveling together.

For more information on Travel Clearance and Parental Travel Permits, please visit the DSWD website at www.dswd.gov.ph

Travel Clearance

Summer vacation is just around the corner. To kids, it’s the next best thing to Christmas because it means time off from school and home works. They can sleep in until mid-day, spend more time with friends, and of course, go on vacation with the family.

Taking the kids on an out-of-town trip is always exciting. Whether you’re going to visit Lolo and Lola in the province or are flying out to a nearby country to experience a different culture and see famous tourist spots, a family trip is the highlight of every kid’s summer vacation.

But what if taking your child on an out-of-the-country trip requires more than just a passport and plane tickets? Did you know that the Department of Social Welfare and Development (DSWD) requires certain documents in case children are going on an international flight with people other than his parents or legal guardians? Read more about these important travel documents required by the government for the protection of our children.

The DSWD Travel Clearance – Who Needs This and Why?

The DSWD requires a Travel Clearance for children (of minor age) who will be traveling out of the country on their own or with people other than his/her parents or legal guardians. This is the government’s straightforward means of protecting children from the possibilities of human trafficking.

The DSWD Travel Clearance vs. Parental Travel Permit

The Parental Travel Permit is issued by the DSWD to minors traveling abroad accompanied by only one parent or persons exercising parental authority. The parent who will not be going on the trip (for various reasons) must execute a duly notarized Parental Travel Permit as proof that he or she has given her consent for her spouse (father or mother of the child) to take their child on a trip outside the country. This too is in relation with the government’s efforts to discourage human trafficking as stipulated in Republic Act 7610 (also known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act).

The DSWD Travel Clearance is needed in cases when the minor child is traveling on his own or with people other than his parents or legal guardians. This is the case when kids are sent abroad by the school for competitions, workshops, further research, projects, and field trips. In such instances, the child is accompanied only by a teacher or a coach; a Travel Clearance is then needed.

But what if the child is an illegitimate minor and will be traveling only with his or her biological father?

By virtue of Article 176 of the Family Code of the Philippines, the law that gave mothers the parental authority over illegitimate children, a Parental Travel Permit needs to be executed (by the biological mother) in order for a biological father to take his minor child out of the country.

What if the minor child is adopted and will be traveling alone with his or her adoptive father or mother?

The same rule applies except that the parents need to submit the adoption papers to prove that said parents are recognized by the state as the adoptive parents of the child.

What are the requirements that parents need to prepare when their child is traveling abroad?

  1. Travel Clearance (when applicable);
  2. PSA Birth Certificate on Security Paper (SECPA) of the minor;
  3. PSA Marriage Certificate of minor’s parents (if married);
  4. Notarized Affidavit of Consent from parents/guardians authorizing a particular person to accompany the child in his/her travel abroad;
  5. Notarized Affidavit of Support of sponsor indicating employment and salary certified by the employer, if appropriate;
  6. Latest Income Tax Return of sponsoring person and/or parents with official confirmation receipts;
  7. Two passport size pictures of minor;
  8. Photocopy of passport and visa of traveling companion of the minor.

Tomorrow we will post an article on a case where the biological father wants to take his child (who is illegitimate) on a trip to Disneyland; however, he does not have any information on the mother’s whereabouts.

Will the child ever be able to travel with his father? Are there any exemptions to Article 176 of the Family Code when it is the father who raised the illegitimate child and the mother is nowhere to be found?

Let’s find out tomorrow.

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