Title
Illegitimate children may use father's surname
Law
Republic Act No. 9255
Decision Date
Feb 24, 2004
Illegitimate children are now allowed to use their father's surname if paternity is acknowledged through official documentation, amending the Family Code to enhance their legal recognition and rights.
A

Q&A (Republic Act No. 9255)

The main purpose of Republic Act No. 9255 is to allow illegitimate children to use the surname of their father by amending Article 176 of the Family Code of the Philippines.

Illegitimate children shall be under the parental authority of their mother.

Yes, illegitimate children may use the surname of their father if the filiation has been expressly recognized by the father through the record of birth in the civil register, or when there is an admission in a public document or a private handwritten instrument made by the father.

Yes, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.

Filiation refers to the acknowledged relationship or legal recognition of the father-child relationship between the father and the illegitimate child.

The legitime of each illegitimate child consists of one-half of the legitime of a legitimate child.

RA 9255 amends Article 176 of Executive Order No. 209, also known as the Family Code of the Philippines.

It took effect fifteen (15) days from its publication in the Official Gazette or in two newspapers of general circulation.

All laws, presidential decrees, executive orders, proclamations, rules, and regulations inconsistent with RA 9255 are repealed or modified accordingly.

Republic Act No. 9255 was approved by then-President Gloria Macapagal-Arroyo on February 24, 2004.


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