New 

rules gives illegitimate child right to choose surname

 
Illegitimate children are now given the right to choose his or her surname after the
revised implementing rules and regulations of Republic Act 9255 took effect on April
9, 2016 according to Philippine Statistics Authority-Aklan.
 

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New rules gives illegitimate child right to choose surname
 
Illegitimate children are now given the right to choose his or her surname after the
revised implementing rules and regulations of Republic Act 9255 took effect on April
9, 2016 according to Philippine Statistics Authority-Aklan.
 
RA 9255 is a law that allows illegitimate child or those born out of wedlock to use the
surname of their father.
 
Contrary to the old IRR, where the father executes an Affidavit to Use the Surname of
the Father (AUSF), the current implementing rules of the said law requires that the
particular affidavit be accomplished by the child himself before he can carries
father’s surname.
 
However, PSA-Aklan reported that, aside from AUSF, a certificate of attestation of the
mother is required if the child is 7 to 17 years old. While, for those aged 6 years old
and below, the AUSF should be accomplished by a mother or guardian.
 
Engr. Antonet B. Catubuan, Chief Statistical Specialist, said that illegitimate child
must be first acknowledged by the father either through public document or private
hand written instrument before the father’s surname is effected on the birth
certificate.
 
Likewise, she clarified that the revised IRR is only apply to all illegitimate children
born on or after March 19, 2004, the effectivity of RA 9255, whether registered or not
under the surname of the mother.
 
Catubuan added that illegitimate children born on August 3, 1988 to March 18, 2004
cannot use the surname of the father under RA 9255 but may still be acknowledged
by the father through an Affidavit of Admission of Paternity (AAP) or Private
Handwritten Instrument (PHI).
 
“A petition in court may be filed in order that the child can use the surname of the
father if the child’s birth falls on the said dates,” Catubuan explained.

The revised IRR was formulated by PSA after the Supreme Court declared Rule
7(Requirements for the Child to Use the Surname of the Father) and Rule 8 (Effects
of Recognition) of the old IRR null and void.

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RA 9255 is a law that allows illegitimate child or those born out of wedlock to use the
surname of their father.
 
Contrary to the old IRR, where the father executes an Affidavit to Use the Surname of
the Father (AUSF), the current implementing rules of the said law requires that the
particular affidavit be accomplished by the child himself before he can carries
father’s surname.
 
However, PSA-Aklan reported that, aside from AUSF, a certificate of attestation of the
mother is required if the child is 7 to 17 years old. While, for those aged 6 years old
and below, the AUSF should be accomplished by a mother or guardian.
 
Engr. Antonet B. Catubuan, Chief Statistical Specialist, said that illegitimate child
must be first acknowledged by the father either through public document or private
hand written instrument before the father’s surname is effected on the birth
certificate.
 
Likewise, she clarified that the revised IRR is only apply to all illegitimate children
born on or after March 19, 2004, the effectivity of RA 9255, whether registered or not
under the surname of the mother.
 
Catubuan added that illegitimate children born on August 3, 1988 to March 18, 2004
cannot use the surname of the father under RA 9255 but may still be acknowledged
by the father through an Affidavit of Admission of Paternity (AAP) or Private
Handwritten Instrument (PHI).
 
“A petition in court may be filed in order that the child can use the surname of the
father if the child’s birth falls on the said dates,” Catubuan explained.

The revised IRR was formulated by PSA after the Supreme Court declared Rule
7(Requirements for the Child to Use the Surname of the Father) and Rule 8 (Effects
of Recognition) of the old IRR null and void.

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with customizable templates.GET STARTED