Change of a Child’s Surname in the Philippines
A comprehensive legal guide (2025 edition)
1. Governing Sources of Law
| Level |
Principal Authority |
Key Provisions on Surnames |
| Constitution |
Art. II §12; Art. XV §3 (1) |
State protects children and the family, giving context for statutory rules. |
| Statutes |
• Civil Code (1950) – Arts. 363‑366 |
|
| • Family Code (E.O. 209, 1988) – Arts. 174‑182 |
|
|
| • R.A. 9048 (2001) as amended by R.A. 10172 (2012) – administrative corrections |
|
|
| • R.A. 9255 (2004) – use of the father’s surname by an illegitimate child |
|
|
| • R.A. 9858 (2009) – legitimation of children born to parents married after birth |
|
|
| • R.A. 11222 (2019) – administrative legalization of simulated birth records |
|
|
| • R.A. 11642 (2022) – domestic administrative adoption |
Provide the substantive and procedural bases for adding, dropping or changing a child’s surname. |
|
| Rules of Court |
Rule 103 – judicial petition to change name |
|
| Rule 108 – cancellation/correction of entries |
Detail pleading, publication, and evidentiary requirements. |
|
| Administrative Regulations |
Civil Registry Law (C.A. 375), implementing rules of R.A. 9048 / 9255 / 10172; PSA‑LCRO memoranda |
Flesh out filing forms, fees, and documentary checklists. |
| Jurisprudence |
Republic v. Court of Appeals & Molina (G.R. 108763, 1994) |
|
| Silverio v. Republic (G.R. 174689, 2007) |
|
|
| Rep. v. Cagandahan (G.R. 166676, 2008) |
|
|
| Grande v. Antonio (G.R. 206248, 14 Feb 2017) |
Supreme Court decisions harmonize statutes and clarify standards such as “proper and reasonable cause.” |
|
2. Default Rules on a Child’s Surname
| Child’s Status |
Default Surname |
Statutory Basis |
| Legitimate (parents married before birth) |
Father’s surname |
Fam. Code Art. 174 |
| Illegitimate (parents not married) |
Mother’s surname |
Fam. Code Art. 176 (now Art. 165 as renumbered) |
| Legitimated (by subsequent marriage under R.A. 9858) |
Father’s surname without need of court order; accomplished by filing a Legitimation Affidavit with the LCRO/PSA |
R.A. 9858 §4 |
| Adopted |
Surname of adopting parent(s) (or jointly agreed) |
R.A. 11642 §42, §46 |
| Muslim child |
Father’s nasab unless disclaimed; governed by P.D. 1083 (Code of Muslim Personal Laws) |
P.D. 1083 Arts. 27‑31 |
3. Pathways to Change a Child’s Surname
| Track |
When Available |
Decision‑maker |
Publication? |
Typical Duration |
| A. Administrative under R.A. 9255 |
Illegitimate child wishes to use father’s surname; father’s express recognition required |
Local Civil Registrar (LCR), subject to evaluation by PSA |
No (posted at LCR only) |
2–6 months |
| B. Administrative correction (R.A. 9048/10172) |
Surname contains a mere clerical or typographical error (spelling, transposition, missing letter) |
LCR |
No |
2–4 months |
| C. Judicial Petition – Rule 103 |
Any child (legitimate or illegitimate) seeking to substantially change the surname for “proper and reasonable cause” (e.g., ridicule, confusion, long‑standing use of another surname) |
Regional Trial Court (RTC) |
Yes, once a week for 3 consecutive weeks in a newspaper of general circulation |
4–12 months |
| D. Judicial Proceedings – Rule 108 |
Change intertwined with other civil‑registry matters (legitimacy, filiation, citizenship) |
RTC |
Yes |
8–18 months |
| E. Legitimation under R.A. 9858 |
Parents marry after birth and were not disqualified from marrying at time of birth |
LCR (documentary) |
No |
1–3 months |
| F. Administrative Adoption under R.A. 11642 |
Child is adopted by Filipino(s) and no adverse claim |
National Authority for Child Care (NACC) |
Posting on NACC bulletin |
4–6 months |
4. Detailed Requirements & Procedures
4.1 Administrative acknowledgment (R.A. 9255)
- Who may file:
- Mother, father, the child if 18 +, or guardian.
- Core documents:
- PSA birth certificate (certified copy)
- Sworn Affidavit to Use the Surname of the Father (AUSF) signed by the mother and the father, or by the child if of age; father’s ID attached
- Any public or private instrument of recognition (e.g., CRG Form 1A, affidavit of acknowledgment, will, notarized admission) or a final court/administrative order establishing paternity
- Filing: LCRO where the birth was registered (or where the record is kept).
- Fees: ~ ₱1,000 (varies per LGU).
- Effect: Once approved, an annotation “Surname changed under R.A. 9255” is printed on the birth certificate; no new certificate is issued.
- Reversal: The AUSF is irrevocable after the child reaches majority unless the father withdraws recognition with court approval before the child turns 21 (Grande v. Antonio, 2017).
4.2 Judicial petition (Rule 103)
| Step |
Particulars |
| Pleading |
Verified petition filed in the RTC of the province where the minor resides (or Manila or Quezon City if in Metro Manila), captioned “In the Matter of the Petition for Change of Name under Rule 103.” |
| Parties |
Petitioner (through guardian if < 18), the Solicitor General, and any adverse party (e.g., parent who disagrees). |
| Publication |
Order to publish once a week for 3 consecutive weeks; petitioner shoulders cost. |
| Grounds accepted (Molina criteria) |
1) Name is ridiculous, dishonorable or extremely difficult to pronounce/spell; 2) name has been habitually and continuously used and petitioner is known by the public by that name; 3) change will avoid confusion; 4) other compelling reason consistent with public order and the protection of the innocent. |
| Evidence |
Birth certificate, school and medical records, affidavits of disinterested persons, proof of long‑time use of the desired surname, etc. |
| Decision |
If granted, the decision becomes final after 15 days; copy served on the LCR and PSA which annotates the birth record. |
5. Special Statutory Mechanisms
| Scenario |
Governing Law |
How the Surname Changes |
| Legitimation by Subsequent Marriage |
R.A. 9858 |
Filing of Joint Affidavit of Legitimation + authenticated marriage certificate → PSA prints a new birth certificate showing “legitimate” & father’s surname. |
| Administrative Adoption |
R.A. 11642 |
NACC Order of Adoption is transmitted to PSA ➔ new birth certificate issued; surname is that of adoptive parent(s). |
| Rectification of Simulated Birth |
R.A. 11222 |
Administrative order of rectification + adoption decree results in issuance of new birth certificate bearing adoptive surname, with the simulated record cancelled. |
| Muslim Personal Laws |
P.D. 1083 |
Kadi‑court or Shari’a Circuit Court decrees can direct entries; father’s nasab generally prevails. |
6. Who May File & When
| Petitioner |
Age/Status |
Notes |
| Mother |
Any minor child |
Most common in R.A. 9255 filings; needs father’s consent. |
| Father |
Recognized or wants to recognize child |
May execute AUSF even alone if child already acknowledged in birth certificate. |
| Child |
18 years or older |
May personally apply to use either parent’s surname if the statutory grounds exist. |
| Guardian ad litem |
Appointed by court |
Required if parents are absent, abroad, dead, or adverse. |
No prescriptive period exists; however, courts disfavor belated petitions filed only to evade obligations (e.g., loan defaults).
7. Practical After‑Approval Checklist
- Secure certified PSA copy with the annotation or new record.
- Update:
- Passport (DFA form + authenticated PSA record)
- PhilSys ID, GSIS/SSS, PhilHealth, Pag‑IBIG
- School Form 137 / DepEd Learner Info System
- Bank accounts, insurance, and medical records
- BIR TIN using BIR Form 1905
- Notify: employer, HMOs, scholarship sponsors.
- Digital Footprint: update PhilPass, e‑Gov PH app, DepEd LMS, etc.
8. Common Misconceptions
| Myth |
Legal Reality |
| “An illegitimate child can force the father’s surname.” |
No. RA 9255 requires father’s express consent or a court finding of paternity. |
| “Once I switch to my dad’s name, I become legitimate.” |
No. Surname choice does not affect legitimacy; legitimation requires RA 9858 or adoption. |
| “I can undo the AUSF anytime.” |
Only before the child turns 21 and only by court order if best interests so require. |
| “A child must be below 18 to change a surname.” |
Adults may still petition (they sign on their own behalf). |
| “Publication is always needed.” |
Not for administrative proceedings under RA 9255 or RA 9048. |
9. Penalties for Falsification & Fraud
Falsely declaring paternity, forging signatures or submitting spurious documents is falsification of civil registry (Art. 171, Revised Penal Code) punishable by prisión correccional (6 months 1 day to 6 years) and fines; plus administrative sanctions for notaries and public officers.
10. Intersecting Reforms & Future Developments
- PSA’s CRVSNextGen (2024‑2026) aims for end‑to‑end online filing of RA 9255 and 9048 petitions.
- A pending 19th‑Congress bill seeks to lower or abolish filing fees for indigent petitioners and to waive newspaper publication in Rule 103 when petitioner’s annual income < ₱250,000.
- Digital signature recognition under the e‑Notarization Bill (approved at House committee, Feb 2025) may soon allow remote AUSFs.
11. Key Take‑aways
- Status dictates default surname; legitimacy, legitimation, or adoption are separate from mere surname choice.
- Administrative remedies (RA 9255 & 9048) are faster and cheaper but apply only to specific, limited scenarios.
- Judicial petitions remain necessary for substantial changes or for legitimate children.
- The child’s best interests dominate: courts weigh stability of records, avoidance of confusion, and the child’s own preference if of discernible age.
- After approval, holistic updating of all personal records prevents identity mismatch problems in adulthood.
Need more help?
For personalized advice, consult the Local Civil Registrar of the place of birth, a family‑law specialist, or the Public Attorney’s Office (PAO) which assists qualified indigents in both administrative and judicial surname changes.
(All laws cited are in force as of 17 April 2025.)