A child born to unwed parents is an illegitimate child. Normally, it is the mother’s last name that is registered as the child’s last name on his birth certificate; no middle name is assigned. But what if the child’s biological father decides to let the child use his last name after the child’s birth certificate has been registered? Or, what if the child was given his father’s last name and then later on, the mom would like the father’s last name dropped and replaced with her maiden last name? Can the child’s last name on his PSA birth certificate be changed according to his parents’ wishes?
Based on my research, the answer to both scenarios is Yes. And I will be sharing the process that the child’s birth certificate has to undergo in order for any of the above-mentioned changes to be applied.
The child’s birth certificate is acknowledged by the father, but the child is registered under the last name of the mother.
- An Affidavit to Use the Surname of the Father (AUSF) must be executed by:
- The mother or the father of the child if the child is 6 years old and below.
- The child, with the attestation of the mother or the father, if the child is 7 to 17 years old.
- The child if he is 18 years old and above.
- Submit the AUSF to the Office of the Civil Registrar where the child’s birth was registered.
After the annotations have been applied on the child’s birth certificate, he or she may start using his or her father’s last name in all his succeeding transactions, documents, and IDs.
Take note that the child’s last name as it appears on his or her PSA birth certificate will not be changed. The LCR shall affix annotations or remarks on his or her certificate of live birth (COLB) stating: The child shall be known as (full name of the child, using his or her father’s last name) pursuant to RA 9255.
The mother wants to drop the father’s last name from the child’s birth certificate and use her last name instead.
This can be a more complicated process to execute and one that might require the services of a lawyer. Nonetheless, this is applicable in the following situations:
- For children born from August 3, 1988 to March 19, 2004.
- For children born from March 19, 2004 onwards and no AUSF has ever been executed in the child’s favor.
- The mother of the child (if the child is still a minor) must file a petition requesting for the cancellation of the child’s Certificate of Live Birth. This must be done at a Regional Trial Court.
- Take note that the decision lies entirely on the court and on the veracity of the petitioner’s argument and documents presented. If the court grants the petition, the LCR will cancel the child’s birth certificate and issue a new one with the mother’s last name written on the last name field. From thereon, the child must drop his or her father’s last name in his or her transactions, IDs, and other documents and start using only the mother’s last name.
If you have further, more complicated questions about the entries in your birth certificate, please feel free to go over my previous posts as you might find the answer you are looking for in one of my entries. Otherwise, you may also drop me a line and I will do my best to find the best answers for you.
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