The Affidavit to Use the Surname of the Father is a crucial legal instrument in the Philippines that facilitates the formal process of using a father's surname, particularly in cases involving children born out of wedlock or those whose father's recognition occurred after birth registration. This document is mandated by Republic Act 9255 and subsequent administrative orders, providing a standardized method for implementing surname changes in official records. The affidavit must include detailed information about all parties involved, the circumstances of paternal recognition, and various legal declarations. It is typically required by civil registrars, schools, and other institutions as proof of the legal right to use the father's surname. The document must be notarized and can be used for updating various official documents, including birth certificates, school records, and identification documents.
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1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being executed
2. Affiant Information: Complete details of the person executing the affidavit including full name, age, citizenship, civil status, and residence
3. Statement of Competency: Declaration that the affiant is of legal age and sound mind to execute the affidavit
4. Purpose Declaration: Statement of intention to use the surname of the father and the legal basis for such request
5. Child's Information: Details of the child including current full name, date and place of birth, and current residence
6. Father's Information: Complete details of the father including full name, citizenship, and residence
7. Mother's Information: Complete details of the mother including full name, citizenship, and residence
8. Acknowledgment of Paternity: Details of how and when paternity was acknowledged by the father
9. Request Statement: Formal request to use the father's surname and intended full name after the change
10. Verification and Certification of Non-Forum Shopping: Statement that the contents are true and correct and no similar petition has been filed elsewhere
11. Jurat: Notarial section where the affiant swears to the truthfulness of the contents
1. Consent of the Child: Required when the child is over 18 years old and is the one requesting to use the father's surname
2. Consent of the Father: Additional written consent from the father if he is available and willing to provide it
3. Guardian's Consent: Required when the child is a minor and the request is being made by a legal guardian
4. Statement of No Objection from Siblings: May be included when there are other children of the father who are consenting to the use of the surname
5. Background of Relationship: Optional context about the relationship between the parents when relevant to the application
1. Birth Certificate: Certified true copy of the child's birth certificate
2. Father's Recognition Documents: Copies of documents showing father's recognition (AUSF form, public/private document, etc.)
3. Valid IDs: Photocopies of valid government-issued IDs of the affiant
4. Supporting Affidavits: Additional affidavits from witnesses if required
5. Proof of Publication: If required, proof that notice was published in a newspaper of general circulation
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