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Surname of Illegitimate Child

Someone asked me, "I have a friend who...

was born out of wedlock. Can the child use the surname of the father?  Will the child have a choice of what to use?

My answer is under the “Revilla Law” the child can use surname of the 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. Provided, the father has the right to institute an action before the regular courts to prove non­filiation during his lifetime.

If the father is not named or the rules under the Revilla Law are not complied with, under the Family Code, illegitimate children shall use the surname of the mother by default. In that sense, he has no choice.



Adapted from Law131 Final Exam Question of zhaienne.fernandez
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