In the Philippines, changing a child's family name involves a legal process governed by specific regulations. Here's what you need to know about the steps and requirements for changing a child's family name.
Legal Basis for Changing Family Name:
The legal basis for changing a child's family name in the Philippines is found in Republic Act No. 9048, also known as the Clerical Error Law, as amended by Republic Act No. 10172. This law allows for the correction of clerical or typographical errors in civil registry documents, including changes in a person's first name or family name.
Requirements for Changing Family Name:
To change a child's family name in the Philippines, the following requirements must be met:
Petition: A verified petition for the change of name must be filed with the local civil registrar's office where the child's birth certificate is registered. The petition should state the reasons for the requested change of name.
Supporting Documents: The petition must be supported by documentary evidence, such as the child's birth certificate, the marriage certificate of the child's parents (if applicable), and other relevant documents.
Publication: After filing the petition, a notice of the petition for change of name must be published in a newspaper of general circulation in the locality where the civil registry office is located. This publication serves to inform the public of the intended name change and allows interested parties to file opposition, if any.
Approval: If no opposition is filed within the prescribed period, the local civil registrar may approve the petition for change of name. Once approved, the new family name will be reflected in the child's birth certificate and other pertinent documents.
Representation of Parents or Legal Guardians:
In cases where the child is a minor, the petition for change of name may be filed by the child's parents or legal guardians on behalf of the minor child. The parents or legal guardians must provide the necessary authorization and supporting documents to initiate the process.
Presence Requirement:
Under Philippine law, there is no explicit requirement for the child or the parents to be physically present in the Philippines to process the change of family name. However, certain documents may require notarization or authentication, which may necessitate the physical presence of the parties involved or the use of consular services abroad.
Conclusion:
Changing a child's family name in the Philippines involves a legal process governed by specific regulations outlined in Republic Act No. 9048, as amended by Republic Act No. 10172. The process requires the filing of a petition with the local civil registrar's office, supported by documentary evidence and publication of the petition for public notice. While physical presence in the Philippines may not be mandatory, certain procedural requirements may necessitate the involvement of the parties or their representatives in the process.