Paternity Affidavit Form for Philippines

Paternity Affidavit Form Template for Philippines

A Paternity Affidavit Form is a legally binding document used in the Philippines to formally acknowledge and establish paternal relationship between a father and child. This document, governed by the Family Code of the Philippines and Republic Act 9255, serves as an official declaration of paternity and can be used for various legal purposes including birth registration, surname changes, and establishing inheritance rights. The document must be properly executed before a notary public and filed with the appropriate Local Civil Registry Office in accordance with Philippine law.

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What is a Paternity Affidavit Form?

The Paternity Affidavit Form is a crucial document in Philippine family law that provides a formal mechanism for fathers to legally acknowledge their children. This document is particularly important in cases involving children born out of wedlock, subsequent recognition of paternity, or when establishing legal rights and responsibilities of fathers. The form must comply with requirements set forth in the Family Code of the Philippines and Republic Act 9255, which specifically addresses the rights of illegitimate children to use their father's surname. The document requires proper notarization and must be filed with the Local Civil Registry Office. It serves multiple purposes, including updating birth records, establishing inheritance rights, and facilitating support obligations. The affidavit can have significant legal implications for all parties involved and may be used in various legal proceedings related to family matters.

What sections should be included in a Paternity Affidavit Form?

1. Title and Introduction: Formal title of the document and jurisdiction information

2. Affiant Information: Complete details of the father executing the affidavit including full name, age, citizenship, civil status, and current address

3. Child Information: Complete details of the child including full name as currently registered, date and place of birth, and current civil registry details

4. Mother Information: Complete details of the child's mother including full name, age, citizenship, civil status, and current address

5. Declaration of Paternity: Clear and unequivocal statement acknowledging paternity of the child

6. Supporting Facts: Relevant circumstances establishing the basis for the acknowledgment of paternity

7. Legal Effects: Statement acknowledging understanding of the legal consequences of the affidavit

8. Oath and Signature: Formal sworn statement and signature block for the affiant and notary public

What sections are optional to include in a Paternity Affidavit Form?

1. Consent of the Child: Required when the child is over 18 years old, including their acceptance of the recognition

2. Consent of Mother: May be included when mother is present and willing to affirm the declaration

3. DNA Testing Reference: Include when DNA testing has been conducted to support the paternity claim

4. Previous Recognition Documents: Reference to any previous recognition documents or attempts, if applicable

5. Surname Declaration: Specific section about the child's use of the father's surname, if this is being requested

What schedules should be included in a Paternity Affidavit Form?

1. Identification Documents: Copies of valid government IDs of the father and other relevant parties

2. Birth Certificate: Certified true copy of the child's current birth certificate

3. Supporting Evidence: Any additional documents supporting the claim of paternity (photos, correspondence, etc.)

4. DNA Test Results: If applicable, certified copies of DNA test results

5. Certificate of Live Birth: For new births, copy of the Certificate of Live Birth with acknowledging father's signature

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

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