Can Child Born Outside Wedlock Use Father’s Surname?

QUESTION:

Aldrin, me and the mother of my 6 year old-child aren’t married. However, I want my son to use my surname. Does the law allow this?

ANSWER:

Yes, the law allows this (Republic Act No. 9255).

What you need to do…

Is to execute a Sworn Statement or Sinumpaang Salaysay in the form of an Affidavit to Use the Surname of the Father (AUSF)…

Narrating the facts involved…

And including a statement that you acknowledge the child as yours, and that you permit such child to use your surname…

Finally, praying that the same be reflected in the child’s birth certificate:

If the child is a minor, of course, the person who’ll represent his or her interests is the mother.

In which case…

The mother shall also execute a Sworn Statement (Sinumpaang Salaysay)…

Narrating the facts involved…

And including a statement that as the mother… she’s conforming to the child’s use of the father’s surname.

Afterwards, these Sworn Statements should be submitted to the Local Civil Registrar.

 Then, it will proceed from there

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