Thursday, September 23, 2021

Paternity of a Child Born Out of Wedlock


Under Republic Act No. 9255, “An Act Allowing Illegitimate Children to Use the Surname of the Father, Amending the Family Code of the Philippines,” an illegitimate child may use the surname of the father if acknowledged at the back of the Certificate of Live Birth (COLB) or acknowledged in a separate public document (the Affidavit of Admission of Paternity or AAP) or in a private handwritten instrument (PHI). The law allows the child to use the father’s surname but does not change the status of the child from illegitimate to legitimate.

The Affidavit to Use the Surname of the Father (AUSF) is executed by the mother or the guardian of the child that allows the use of the surname of the father. The AUSF must be executed by:

  • The mother, or guardian, in the absence of the mother, if the child is below seven years of age;
  • The child if aged between 7 to 17 and attested by the mother or guardian, in the absence of the mother, or;
  • The person himself/herself if already of age or without the attestation of the mother, or guardian.

Private Handwritten Instrument (PHI) is an instrument in the handwriting of the father and duly signed by him where he expressly recognizes the paternity of the child during his lifetime.

Guidelines on the Place of Registration: 

  • If the birth happened in the Philippines, and the father of the child resides abroad, the AAP or PHI shall be registered at the Philippine Embassy or Philippine Consulate General of the country of residence of the father, or where there is none, to the Philippine Embassy or Philippine Consulate General nearest the place of residence of the father.
  • If the father of the child is in the Philippines but the birth occurred outside the Philippines, the AAP or PHI shall be registered at the Local Civil Registry Office of the place of execution of the document.

The submission of the AAP or AUSF to the Philippine Embassy in Singapore is strictly by appointment only. Please book your appointment through https://tinyurl.com/sgpeconsular.

Documentary Requirements for the Submission of the AAP: 

  • Duly accomplished AAP form (http://www.philippine-embassy.org.sg/wp-content/uploads/AAP2021.pdf)
  • Four photocopies of the birth certificate of the child issued by the LCR
  • Four photocopies of the father’s passport. Bring the current passport for sighting.
  • Four photocopies of the passport and the birth certificate of the mother
  • Other supporting documents, as deemed necessary by the civil registration officer
  • Consular fee of S$85.00  (SGD42.50 for the AAP and SGD42.50 for the Certificate of Registration), to be paid in cash or PayNow.

IMPORTANT: A child born during wedlock is presumed to be the child of the mother’s legal spouse. Under Philippine law, a child shall be considered legitimate although the mother may have declared against its legitimacy. Only when the legitimacy of the child is successfully impugned by the proper parties that the alleged father other than the legal husband may acknowledge the child at the back portion of the latter’s COLB or in a separate written instrument.

For more information on how to file the AAP or the AUSF, you may send an email to civilregistry.sgpe@gmail.com.