Affidavit of Admission of Paternity

What is an Affidavit of Admission of Paternity?

An Affidavit of Admission of Paternity is a document wherein the person signing the affidavit (the affiant) acknowledges or admits that he is the biological father of an illegitimate child. An illegitimate child is a child whose parents are not legally married to each other.

Note that the biological mother has no participation in this document as this affidavit can only be executed and signed by the biological father of the illegitimate child.

Under Philippine laws, acknowledging an illegitimate child allows the child to use the surname of the biological father, to be entitled to support, and to inherit from the estate of the biological father upon the biological father's death.

What is the difference between an Affidavit of Admission of Paternity and an Affidavit to Use the Surname of the Father?

While both documents are similar because they can produce the effect where the illegitimate child can use the surname of his biological father, both differ in the following manner:

• An Affidavit of Admission of Paternity is used by a biological father to acknowledge his illegitimate child (this refers to the child whose parents are unmarried). On the other hand,
• An Affidavit to Use the Surname of the Father is used by the biological mother or the legal guardian if they want to allow the illegitimate child to use the surname of the biological father, further, the illegitimate child himself can execute and sign an Affidavit to Use the Surname of the Father if they are already 18 or above. Note that this can only be used once the biological father already admits his paternity to the illegitimate child under an Affidavit of Admission of Paternity.

What is the difference between an Affidavit of Admission of Paternity and an Affidavit of Legitimation?

An Affidavit of Admission of Paternity and an Affidavit of Legitimation differ in the following manner:

• An Affidavit of Admission of Paternity is used by a biological father to acknowledge his illegitimate child (this refers to the child whose parents are unmarried), after which, the illegitimate child will be allowed to use the surname of the biological father, to be entitled to support, and to inherit from the estate of the biological father upon the biological father's death. on the other hand,
• An Affidavit of Legitimation is used by the mother and biological father of the child to convert the status of said child from illegitimate to legitimate by reason of the marriage of the child's mother and biological father. The legitimated child will be allowed to use the surname of the biological father, to be entitled to support and to inherit from the estate of the biological father upon the biological father's death, and will have the right to full parental guidance and custody from his biological parents by reason of their subsequent valid marriage.

Is it mandatory to have the Affidavit?

If the biological father of an illegitimate child wants to acknowledge said child, then it is mandatory to execute or sign the affidavit. This will ensure that the child will be allowed to use the surname of the biological father, to be entitled to support, and to inherit from the estate of the biological father upon the biological father's death.

Who can enter into the Affidavit?

The person who will sign the affidavit is the affiant who must be of legal age, and he will admit that he is the biological father of the illegitimate child.

For how long can the Affidavit be used?

The Affidavit of Admission of Paternity can be used as proof to establish the paternity of a biological father over a child. This may be used during the lifetime of the biological father and can also be used by the illegitimate child after his biological father's death.

What has to be done once the Affidavit is ready?

Once the affidavit has been completed, the affiant must print at least 2 copies of the document, and then proceed with its notarization.

The affiant must personally appear before a notary public and present at least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. The affiant will be asked to leave one original copy for the files of the notary public.

Once notarized, the affiant may use the document as needed, i.e. admission that he is the biological father of the illegitimate child so that the illegitimate child will be allowed to use the surname of the biological father, to be entitled to support, and to inherit from the estate of the biological father upon the biological father's death.

Which documents should be attached to the Affidavit?

The document where the details of the live birth of the illegitimate child is recorded which is usually the birth certificate, should be attached.

Is it necessary to notarize the Affidavit for it to be valid?

Yes, because an Affidavit of Admission of Paternity is a sworn statement to the effect that the affiant is the biological father of the illegitimate child, which should be executed or signed in the presence of a notary public. If not notarized, the Affidavit of Admission of Paternity isn't valid.

Is it necessary to register the Affidavit?

The affidavit should be registered or submitted to the local civil registry of the place where the biological father resides, to process the change of the illegitimate child's surname into the biological father's surname. In case there will be no change of surname on the part of the illegitimate child, then no registration is required.

What are the costs involved in the finalization of the Affidavit?

Notarization fees for an Affidavit of Admission of Paternity are typically PHP100 to PHP500. The government agency concerned may also require the payment of registration fees.

What must the Affidavit contain?

The affidavit should contain the following information:

• The details of the biological father,
• The details of the illegitimate child whose paternity will be proven under the affidavit,
• The birth date of the illegitimate child, and
• If desired, the usage of the biological father's surname is that of the illegitimate child.

Which laws are applicable to an Affidavit of Admission of Paternity?

The Family Code of the Philippines is the primary law that governs marriage and family relations in the Philippines. On the other hand, affidavits are governed by the 2004 Rules on Notarial Practice. It should be noted that making false statements in an affidavit may be punishable under the Revised Penal Code.

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