Can an Illegitimate Child Use the Father's Surname?

Before Republic Act No. 9255, a child born outside marriage used the mother's surname. RA 9255 amended Article 176 to read:

So the general rule is still the mother's surname. The exception allows the father's surname when filiation is shown in one of these ways:

1. The record of birth. The father expressly recognizes the child in the birth record in the civil register.
2. A public document. The father admits paternity in a public document.
3. A private handwritten instrument. A document written by the father in his own hand in which he admits paternity.

The same article lets the father file a case in court during his lifetime to prove that he is not the father.

No. This was the main issue in Grande v. Antonio. The father had recognized his two sons and asked the court to change their surname to his. The Supreme Court said:

• The word "may" in Article 176 "is permissive and operates to confer discretion upon the illegitimate children."
• The law gives the children the right to decide. It is not the father or the mother "who is granted by law the right to dictate the surname" of their illegitimate children.
• The Court declared Rules 7 and 8 of OCRG Administrative Order No. 1, Series of 2004, null and void. Those implementing rules said the child "shall use" the father's surname. The Court held that the clear word "may" in the law controls.

The Court gave the mother sole custody and sent the case back to the trial court only to determine the surname the children would choose.

No. Article 176 keeps the child "under the parental authority of their mother," even after RA 9255. The surname and custody are separate. See Who has custody of an illegitimate child?

The father who recognized the child must give support. See How much is child support?

PSA OCRG Administrative Order No. 1-2023 amended the implementing rules of RA 9255. It says the rules apply to all non-marital children during the effectivity of the Family Code, including:

• unregistered births; and
• registered births where the child uses the mother's surname.

Section 2 of the order gives the rules retroactive effect for all births, in the Philippines and abroad. So a person registered under the mother's surname, even before RA 9255, may be covered.

The civil registry has its own forms, signatories and fees for recording the use of the father's surname. This page does not list them. Ask the local civil registrar where the birth was registered.

No. The child stays illegitimate, with the inheritance share of an illegitimate child (Article 176). A child becomes legitimate only by:

• [legitimation](/law/glossary/legitimation), when the parents later marry each other validly and were free to marry when the child was conceived, or were barred only by being under 18 (Articles 177 and 178). See How to legitimate a child;
• adoption, under RA 11642. See How to adopt a child under RA 11642.

These are made-up examples to show how the rules work. They are not advice for any real case.

Rina and Jake. They are not married. When their son's birth is registered, Jake signs the acknowledgment in the birth record. Their son may use Jake's surname (Article 176), but he stays under Rina's parental authority.

Jake again. Later, Rina and Jake separate, and their son has been using Rina's surname. Jake goes to court to make the boy use his surname. Under *Grande v. Antonio*, the court cannot order the change just because Jake asks: the law says the child "may," not "shall."

Lara. Lara was born in 2000 and registered with her mother's surname. Her father later wrote a note by hand admitting he is her father. AO No. 1-2023 extends the RA 9255 rules to births registered under the mother's surname. Lara asks the local civil registrar what it needs to record the use of her father's surname.

After the civil registry records the change, you can request the updated copy from the PSA:

• How to get a PSA birth certificate online
• How to request a certificate on PSA Serbilis

Talk to a lawyer if the parents disagree about the child's surname, if the father denies paternity, or if the registrar refuses to record the change. Court cases about filiation or surnames need evidence and follow special rules.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.