Question & AnswerQ&A (PSA ADMINISTRATIVE ORDER NO. 1 SERIES OF 2016)
The Revised Implementing Rules and Regulations are based on Republic Act No. 9255, as amended by Republic Act No. 10625, which allows illegitimate children to use the surname of their father.
The IRR applies to all illegitimate children born during the effectivity of Republic Act No. 9255.
The Affidavit to Use the Surname of the Father (AUSF) is a registrable instrument executed to authorize an illegitimate child to use the surname of the father.
The father, mother, the person himself if of age, or the guardian may file the Affidavit of Admission of Paternity.
It should be registered at the Local Civil Registry Office (LCRO) of the place of birth of the child.
These documents must be registered within twenty (20) days from the date of execution. If delayed, the rules on delayed registration under Administrative Order No. 1, Series of 1993, apply.
The illegitimate child shall use the surname of the mother, and the annotation on the Certificate of Live Birth or Register of Births will show acknowledgment by the father.
Children aged 0-6 use the surname of the father if the mother or guardian executes the AUSF, while children aged 7-17 must execute the AUSF themselves, with attestation by the mother or guardian.
The COLB/ROB shall have annotations indicating acknowledgment by the father with references to the Affidavit of Admission of Paternity or Private Handwritten Instrument and the statement 'pursuant to RA 9255.' The child shall be known by the father's surname as indicated.
It is a document in the handwriting of the father, signed by him, expressly recognizing the paternity of the child during his lifetime. It is used as proof of filiation.