Illegitimate child may use father’s surname
Before, an illegitimate child (born out of valid wedlock) 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.
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 (this will be the subject of another post).
Illegitimate children can now use their father’s surname provided: (1) the father gives his consent; and (2) the natural or biological mother of the child authorizes the use of the father’s surname in lieu of hers. 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 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, Family Code), noting that where there’s no right, there is no remedy
The guidelines/procedure under the new law is extensively discussed at the National Statistics Office (NSO) site.
