Birth Certificate Name Change from Mother to Father

Below is a comprehensive, plain-language overview of the process, legal considerations, and relevant laws governing the change of a child’s surname from the mother’s surname to the father’s surname on a birth certificate in the Philippines. It discusses the steps, documentation, and conditions required, particularly when the child is born out of wedlock. This write-up aims to give you as much detail as possible on how such a name change works under Philippine law.

1. Applicable Laws and Regulations

  1. Republic Act No. 9255 (RA 9255)

    • Also known as “An Act Allowing Illegitimate Children to Use the Surname of Their Father,” this law amended Article 176 of the Family Code of the Philippines.
    • It provides that an illegitimate child may use the father’s surname if the father has expressly recognized or acknowledged the child in accordance with law.

  2. Republic Act No. 9048 (RA 9048) and Republic Act No. 10172

    • These laws govern the correction of entries in civil registry records without the need for a judicial order (i.e., administrative correction through the Local Civil Registrar).
    • RA 9048 allows correction of typographical or clerical errors and changes of first name/nickname under certain circumstances. RA 10172 expands this to cover errors in day and month of birth or sex of a person.
    • Although RA 9048 does not generally authorize changes in surname (except minor clerical errors), it becomes relevant because certain changes—like adding the father’s surname when permitted by RA 9255—can be done administratively, provided the father has properly acknowledged the child.

  3. Family Code of the Philippines

    • The Family Code outlines rules on legitimacy, illegitimacy, acknowledgment, and the use of surnames by legitimate and illegitimate children.
    • Article 176 (as amended by RA 9255) is particularly relevant to the use of the father’s surname by an illegitimate child.

2. Determining Legitimacy or Illegitimacy

  • Legitimate Child
    A child is considered legitimate if the parents were married at the time of birth (or if the parents subsequently married under circumstances allowing legitimation). Legitimate children generally have the automatic right to use the father’s surname from birth.

  • Illegitimate Child
    A child is considered illegitimate if the parents were not married at the time of birth (and if the parents did not subsequently marry in a way that would automatically “legitimate” the child). Under Article 176 of the Family Code, an illegitimate child typically uses the mother’s surname if the father does not acknowledge the child.

Implications for Name Change

  • If a child is legitimate, the father’s surname should already appear on the birth certificate. A “name change” in this scenario might only be needed if there was an administrative or clerical error.
  • If the child is illegitimate, the father’s surname can be used only if the father has acknowledged the child following legal procedures.

3. Situations Where a Name Change from Mother to Father May Arise

  1. Acknowledgment/Recognition Post-Birth

    • Sometimes, a child is registered under the mother’s surname initially because, at the time of registration, the father was absent, unwilling, or unable to acknowledge paternity.
    • If the father later decides to acknowledge paternity, or the mother and father jointly execute legal documents of acknowledgment, the child’s surname can be changed to the father’s surname.

  2. Subsequent Marriage of the Parents (Legitimation)

    • Under certain conditions, if the child’s biological parents marry after the child’s birth, the child may become “legitimated” by that marriage.
    • A legitimated child generally takes the father’s surname. This, however, requires that certain conditions under the Family Code be met (e.g., no legal impediments at the time of the child’s conception, etc.).

  3. Court Orders

    • In rare or contested cases, a court proceeding may be needed (e.g., when paternity is disputed or when requirements under RA 9255 or legitimation are not clear).
    • Courts can issue orders directing the Local Civil Registrar to implement changes in the birth certificate.

4. Requirements and Procedure Under RA 9255

When an illegitimate child is to be allowed to use the father’s surname, RA 9255 and its implementing rules set forth certain steps:

  1. Acknowledgment of Paternity

    • This is the most critical requirement. The father must expressly acknowledge the child. Acknowledgment can be done by:
      • Signing the Affidavit of Acknowledgment/Admission of Paternity at the back of the birth certificate.
      • Executing a separate public document (e.g., Affidavit of Admission of Paternity) or a Private Handwritten Instrument signed by the father.
    • If the child is already registered under the mother’s surname, a separate document (often called an Affidavit to Use the Surname of the Father (AUSF)) will be required.

  2. Affidavit to Use the Surname of the Father (AUSF)

    • This document is required to formally request that the Local Civil Registrar change the surname to that of the father.
    • It must be accomplished by the child’s mother, if the child is a minor, or by the child themselves if they have reached the age of majority (18 years old). However, if the father has already acknowledged the child, the mother’s or child’s subsequent request to use the father’s surname is generally facilitated by showing this acknowledgment.

  3. Personal Appearance and Submission of Documents

    • The interested parties (often the mother, or the mother and father jointly, if the child is still a minor) must appear at the Local Civil Registry Office (LCRO) of the place where the child’s birth was registered.
    • They must submit:
      • Original or certified true copy of the Birth Certificate.
      • Valid IDs of parents (and the child, if applicable).
      • The executed AUSF (if not accomplished in the LCRO).
      • Affidavit of Acknowledgment/Admission of Paternity or any legal document evidencing the father’s acknowledgment.
      • Other supporting documents as required by the LCRO (e.g., proof of father’s identity, possibly additional affidavits, etc.).

  4. Fees and Timelines

    • Payment of administrative fees is required. The exact amount varies among Local Civil Registrars.
    • The LCRO will evaluate documents. If found complete and in order, they will annotate the child’s birth certificate to reflect the new surname.
    • The annotated birth certificate will then be released to the requesting party. The timeline can vary from a few weeks to a few months depending on the LCRO’s workload.

  5. Importance of Parental Consent

    • If the child is a minor, consent to use the father’s surname is typically required from the mother or the legal guardian (especially when the mother is not available).
    • If the child is above eighteen (18) years old, they can independently file the AUSF, but they will still need to prove the father’s acknowledgment.

5. Legitimation by Subsequent Marriage of Parents

If the child’s biological parents marry after the child’s birth, legitimation under Philippine law is possible if there was no legal impediment for them to marry at the time of the child’s conception. Once legitimated, the child is considered legitimate for all legal intents and purposes, and the father’s surname is the default surname.

Procedure for Legitimation

  1. Obtain a Marriage Certificate
    • The marriage must be duly registered.
  2. File a Legitimation Request
    • Execute an Affidavit of Legitimation, which indicates the date and place of the parents’ marriage and states that there was no legal impediment at the time of the child’s conception.
  3. Submit Documents to LCRO
    • The LCRO where the child’s birth was registered processes the Affidavit of Legitimation and annotates the birth certificate to change the status from “illegitimate” to “legitimate” and to change the surname to the father’s, if not already indicated.

Note: Legitimation procedures differ from simply allowing the use of the father’s surname. Legitimation confers the status of a legitimate child, which affects inheritance and other legal rights. Changing the surname via RA 9255 does not automatically change the child’s status to legitimate.

6. Court Petitions and Judicial Proceedings

While many name changes can be handled administratively under RA 9255, certain circumstances may require judicial intervention:

  1. Paternity Disputes

    • If the mother or child wants the father’s surname, but the father denies paternity, a case for compulsory recognition of paternity may have to be filed in court.
    • DNA testing or other forms of evidence might be utilized.

  2. Defects or Irregularities in Documents

    • When the Local Civil Registrar finds that the documents do not clearly establish acknowledgment, or there are conflicting records, the parties might have to seek a court order to clarify and correct the record.

  3. Contested Changes

    • If another party (e.g., the father’s lawful heirs or spouse) opposes the change, the mother or child may have no choice but to initiate a judicial proceeding to prove the child’s right to use the father’s surname.

7. Practical Tips

  1. Gather and Prepare All Required Documents Early

    • Before approaching the Local Civil Registrar, ensure you have original or certified copies of the birth certificate, marriage certificate (if legitimation is involved), IDs, and any affidavits of acknowledgment.

  2. Consult the Local Civil Registrar

    • Each Local Civil Registry Office may have slightly different procedures or checklists. It is best to inquire about requirements and forms before filing the request.

  3. Execute an Affidavit of Acknowledgment Properly

    • If the father was not on record initially, make sure the Affidavit of Admission of Paternity is notarized or executed before the proper authorities. This document is the foundation for allowing use of the father’s surname.

  4. Consider the Child’s Age

    • If the child is still a minor, the mother or legal guardian typically initiates the process. If the child is of legal age, they can file on their own, provided they have the father’s acknowledgment.

  5. Timing and Patience

    • Government offices can be busy; changes in the civil registry can take weeks to months. Plan accordingly.

  6. Seek Legal Advice if Unsure

    • For unique or complicated situations, it may be wise to consult a legal professional. They can advise if administrative procedures suffice or if a judicial petition is necessary.

8. Frequently Asked Questions (FAQ)

  1. Can I simply change my child’s surname to the father’s if we are not married?

    • Yes, under RA 9255, provided the father acknowledges the child. You must execute and submit the correct documents (AUSF, Affidavit of Acknowledgment) to the LCRO.

  2. What if the father refuses to acknowledge the child, but I know he is the biological father?

    • A mother or child (through a legal representative if still a minor) may file a court case to establish paternity. Court proceedings can be lengthy and may involve DNA testing.

  3. Does allowing my child to use the father’s surname make them legitimate?

    • No. Using the father’s surname under RA 9255 does not change the child’s status to legitimate. Legitimation occurs only if the parents subsequently marry and meet the requirements of the law, or if there is a successful adoption that changes the child’s legal status.

  4. How do I correct a simple misspelling of the child’s name?

    • Minor typographical errors can usually be fixed administratively through RA 9048. This is different from changing the child’s surname from mother to father.

  5. What if I want to revert back to the mother’s surname after changing to the father’s surname?

    • If the father’s acknowledgment was legally obtained, reversing the child’s surname to the mother’s typically requires another formal application or possibly a court proceeding. Courts are generally strict about frequent or arbitrary name changes, especially if they affect the child’s legal relations.

  6. Does my child’s birth certificate need an annotation, or is it replaced entirely?

    • Usually, the LCRO annotates the original birth certificate, noting the change in surname or legitimation. A new birth certificate is not issued from scratch; rather, an official annotation is added to the existing record.

  7. Will my child’s new surname affect inheritance rights?

    • Merely using the father’s surname does not automatically grant inheritance rights if the child remains illegitimate. However, once paternity is legally acknowledged, the child has inheritance rights as an illegitimate child. Legitimation or adoption can further affect these rights.

9. Key Takeaways

  • Acknowledgment is King: Everything hinges on whether the father has voluntarily or judicially acknowledged the child. Without acknowledgment, a name change to the father’s surname generally cannot proceed administratively.
  • Status vs. Surname: The child’s legal status (legitimate vs. illegitimate) is different from the surname they carry. RA 9255 focuses on the surname; legitimation handles the status.
  • Administrative vs. Judicial: Administrative remedies (via RA 9255 and RA 9048) are often faster and cheaper, but they require clear and uncontested records. Disputes or unclear acknowledgments may require court intervention.
  • Local Civil Registry Is the First Stop: Always coordinate with the LCRO, as they maintain birth records and have the authority to annotate certificates once the requirements are met.

Final Words

Changing a birth certificate surname from the mother’s to the father’s in the Philippines primarily involves acknowledgment of paternity and the execution of an Affidavit to Use the Surname of the Father (AUSF) under Republic Act No. 9255. For children born out of wedlock, this is the administrative path to reflect paternity on the birth record. If paternity is contested or the documents are incomplete, a judicial proceeding may be necessary.

It is crucial to carry out all legal steps properly, ensuring that you secure the necessary affidavits, documents, and, if applicable, the consent of the mother or the child (if of age). When done correctly, the Local Civil Registrar will annotate the birth certificate to show the father’s surname, granting the child the right to use it for all practical and official purposes.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login