Use of father’s surname of illegitimate children
Illegitimate children, as a general rule, shall use the surname and shall be under the parental authority of their mother. But pursuant to the ”Act Allowing Illegitimate Children to Use the Surname of their Father” (R. A. 9255 - approved: 24 February 2004), which amended Article 176 of the Family Code, illegitimate children may however use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. The father however has the right to institute an action before the regular courts to prove non-filiation during his lifetime.