What is Republic Act No. 9255?

An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the “Family Code of the Philippines”

It is a law following illegitimate children to use the surname of their father provided that the father has acknowledged the child, amending Article 176 of Executive Order No. 209 (Family Code of the Philippines).

The law was signed by President Arroyo on 24 February 2004 and took effect on 19 March 2004, fifteen days after its publication in the Manila Times and Malaya.

The implementing rules and regulations (IRR) was approved on 18 May 2004 and took effect on 02 June 2004, fifteen days after its publication in the Manila Times.

Scope of RA 9255

This law applies to all illlegitimate children born before or after the effectivity of RA 9255 which covers unregistered births wherein illegimate children use the surname of their mother.

CAN AN ILLEGITIMATE CHILD WHOSE MOTHER IS BELOW EIGHTEEN YEARS OLD WHEN THE CHILD WAS BORN USE THE SURNAME OF HIS/HER FATHER PURSUANT TO RA 9255?

Yes, provided that the father of the child has admitted paternity of the child.

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