Monday, July 19, 2004 Illegitimate kids can now use surnames of fathers
ILLEGITIMATE children may now use the surnames of their fathers and have their birth records updated in their local Civil Regis-trar’s Office.
The Office of the Civil Registrar released the implementing rules and regulations (IRR) of RA 9255, which amended the Family Code of the Philippines when it was passed in February this year.
Before RA 9255 was passed, fathers with illegitimate children had to file for adoption in court so the child could use their surname.
“We can see the wisdom of the law. These children did not have a choice. They should not carry the stigma of being illegitimate,” said National Statistics Office (NSO) 7 Director Lilia Tandoc.
Tandoc said processing of the document will only take a day and NSO 7 will hold this week a seminar with all the local civil registrars in the region to brief them on the IRR.
However, lawyer Cheryl Cabutihan of the Children’s Legal Bureau said the passage of RA 9255 is only “half the battle won” since the illegitimate child still gets only half of the share of the legitimate child.
“But we are glad at least one form of discrimination against illegitimate children has been removed. What was done before was a violation of their right to identity,” Cabutihan said. She added that the amended law also ensures the illegitimate children of support from their fathers.
Under RA 9255, the father, mother, child (if of age) or the guardian may file the public document or affidavit to use the surname of the father, in order for the child to use the father’s surname.
For those born in the Philippines, the affidavit and a public document, which is an affidavit of recognition issued by the father, will be filed at the local Civil Registry Office.
If the birth occurred outside the Philippines, the public document or affidavit has to be filed in the registry office in Manila.
For those using the names of their mothers, they only have to submit a private handwritten instrument (where the father expressly recognizes paternity), the affidavit and supporting documents, showing clearly the relationship between father and child.
These include the father’s employment records, SSS/GSIS, insurance, statement of assets and liabilities or income tax returns.
Paper trail
For those unregistered yet, they need to present a public document, which could be either the certificate of live birth, where the father acknowledges paternity, or a separate document.
If the admission is made through a private handwritten instrument, the child or guardian has to submit the affidavit and documents that establish the relationship.
Those unregistered could use the surname of their father in the certificate of live birth and in the register of births.
If admission of paternity is done at the back of the birth certificate or through a separate public document, annotations will be made in the certificate of live birth and the register of births.
Tandoc said the processing will not take long except if the local registry requires other documents.
Cabutihan said, though, that the annotation of birth records is faster and cheaper than the processing done previously.
In filing petitions for adoption, the father has to hire a lawyer to handle the publication of the petitions and set it for hearing.
Aside from a trial custody, where a social worker assesses if the father is qualified to adopt the child, the issuance of the adoption decree from the Office of the Solicitor General takes months and sometimes, even years, Cabutihan said.
The process will also cost the father from P25,000 to P30,000. CYR
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