Republic of the Philippines
Republic of the Philippines
EMBASSY OF THE PHILIPPINES
CANBERRA, AUSTRALIA
1 Moonah Place, Yarralumla, ACT 2600, Australia

Paternity of a Child Born Out of Wedlock

Under Philippine 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.

  1. Affidavit of Admission of Paternity (AAP) is executed by the father in order for the child to use his surname. Please click here to download the AAP form.

    2. Requirements:
    • Four (4) original duly accomplished Affidavit of Admission for Paternity (AAP)
      • - If affiant will apply in person at the Philippine Embassy or Consulate, document to be notarized after payment of $45
      - If application is to be sent by mail, AAP should already be duly notarized either by an Australian notary public/lawyer and/or the Philippine Honorary Consul.

    • Four photocopies of the birth certificate of the child issued by the local civil registrar (LCR).
    • Four photocopies of the father’s valid passport.
    • Four photocopies of the valid passport and the birth certificate of the mother.
    • Other supporting documents, as deemed necessary by the civil registration officer.

      • Note: Guidelines on the Place of Registration for the Affidavit of Admission of Paternity (AAP)

    • If the child was born in the Philippines, and the father of the child resides abroad, the AAP or PHI shall be accomplished by the father and 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 accomplished by the father and registered at the Local Civil Registry Office of the place of execution of the document.
    • If the child was born in the Philippines and the father of the child is in the Philippines, the AAP shall be accomplished by the father and registered at the Local Civil Registry Office of the place of execution of the document.

    Alternatively, a Private Handwritten Instrument (PHI), 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, may be submitted by the father in person at the Philippine Embassy in Canberra for registration.

  2. 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. Please click here to download the AUSF form. 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.

      • Requirements:
    • Four (4) original duly accomplished Affidavit to Use the Surname of the Father (AUSF)
      • - If affiant will apply in person at the Philippine Embassy or Consulate, document to be notarized after payment of $45
      - If application is to be sent by mail, AUSF should already be duly notarized either by an Australian notary public/lawyer and/or the Philippine Honorary Consul.

    • Four photocopies of the birth certificate of the child issued by the local civil registrar (LCR).
    • Four photocopies of the father’s valid passport.
    • Four photocopies of the valid passport and the birth certificate of the mother.
    • Other supporting documents, as deemed necessary by the civil registration officer.

      • Note: Guidelines on the Place of Registration for the Affidavit to Use the Surname of the Father (AUSF)

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

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.

Inquiries

If you are from New South Wales, please click here https://www.sydneypcg.org/reports-of-birth-and-marriage or contact the following:

  • Email: sydney.pcg@dfa.gov.ph
  • SMS mobile number 0415 426 400 for consular concerns
  • Telephone number (61 2) 9262- 7377

If you are from Victoria, South Australia, and Tasmania, please contact the following:

If you are from other states in Australia, or from Nauru, Tuvalu or Vanuatu, please coordinate with the Philippine Embassy in Canberra with the following contact details:

Filing can be done through either of the following:

  1. IN PERSON
    2. Please call the Registry Section at (02) 6273 2535 extension 233 to set-up appointment

  2. BY MAIL
    3. Send all the requirements and applicable additional documents along with the following:

    • AUD 45 payment for the Certificate of Registration to be issued by the Embassy for AAP and/or AUSF, if applicable, payable by a postal money order or bank cheque to the Philippine Embassy. If paying by credit card please provide the credit card name, number, expiry date and cvv number at the back of the card.
    • Pre-paid express return envelope (large size) with return address.
    • Please provide your cell phone number and email address to allow the Embassy to communicate with you regarding your application.

The Embassy assumes no responsibility for any loss or damage through the mail or courier service.

Related link:
Frequently Asked Questions (FAQs)