Tuesday, October 12, 2010

WHAT ARE THE EFFECTS OF SUCCESSFUL REGISTRATION OF THE DOCUMENTS RECOGNIZING AN ILLEGITIMATE CHILD?

Recognition Of An Illegitimate Child
WHAT ARE THE EFFECTS OF SUCCESSFUL REGISTRATION OF

THE DOCUMENTS RECOGNIZING AN ILLEGITIMATE CHILD?

(Source: Implementing Rules and Regulations of R.A. 9255)


The effects of said registration first depend on whether the birth of the illegitimate child is registered or not.
Case 1: Birth of the Illegitimate Child is Not yet Registered

In a case where the birth is not yet registered, the effects are detailed below:

1. The surname of the father shall be entered as the last name of the illegitimate child in the Certificate of Live Birth. After such entry, the mentioned certificate shall be recorded in the Register of Births.

2. If there exists an admission of paternity at the back of the Certificate of Live Birth, no annotation is made in said certificate, instead the following annotation shall be entered in the Register of Births:

“Acknowledged by (name of father) on (date) pursuant to RA 9255” 3. If the admission of paternity is made in a separate public document, the following annotation shall be entered both in the Certificate of Live Birth and the Register of Births:

“ Acknowledged by (name of father) on (date) pursuant to RA 9255”
Case 2: Birth was Registered under the Surname of the Mother of the

Illegitimate Child

On the other hand, in a case where the birth was previously registered under the surname of the mother of the illegitimate child, the effects are elucidated below:

1. If admission of paternity was made either 1) at the back of the Certificate of Live Birth; or 2) in a separate public document; or 3) in a private handwritten document, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation of said entry shall be made both in the Certificate of Live Birth and the Register of Births as follows:

“The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255.”

However, the original surname of the illegitimate child in the above Certificate of Live Birth as well as in the Register of Births shall not be changed or deleted.

2. If the filiation was not expressly recognized at the time of registration, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

“Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname ) to (new surname) on (date) pursuant to RA 9255.”

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