Query: Is the process of changing a surname from a mother's to a father's difficult?
In the Philippines, changing one's surname from the mother's to the father's can involve a formal legal process that, while straightforward, may require some time and several specific steps. This process is especially relevant in situations where a child's parents may not have been married at the time of the child's birth but later choose to adjust the surname for various personal or legal reasons.
Grounds for Changing Surname: Under Philippine law, legitimate reasons must be provided for changing a surname. Common reasons include fixing a clerical error, the recognition of paternity, or personal reasons such as family unity.
Filing a Petition: The first step in changing a surname involves filing a petition in the Local Civil Registry Office where the birth certificate was registered. If the person requesting the change is a minor, the petition must be filed by the parent or legal guardian.
Legal Requirements: The petition must include all necessary documents, such as the birth certificate, a valid ID, and possibly a paternity acknowledgment, if applicable. If the change is due to acknowledgment of paternity, additional documents such as the father's acknowledgment of paternity and a joint affidavit of legitimation may be required.
Court Proceedings: For more complex cases or if the change is contested, the matter may need to be taken to court. This would involve a hearing, and potentially, a lawyer would need to be engaged to handle the legal proceedings.
Publication Requirements: In some cases, the petition for a name change must be published in a newspaper of general circulation once a week for three consecutive weeks to allow for public comment or objection, in accordance with the requirements of the Civil Registrar General.
Approval and Finalization: Once all procedural steps have been completed and any required hearings have taken place, the local civil registrar or court will make a decision. If the petition is approved, the change will be recorded in the Civil Registry, and a new birth certificate can be issued.
The duration of this process can vary significantly, typically ranging from a few months to over a year, depending on the complexity of the case, the workload of the courts, and whether all documentation is in order.
For individuals considering this change, it is advisable to consult with a legal professional who specializes in family law. This can provide clarity on the required documents and procedures, potentially expedite the process, and ensure that all legal bases are covered, minimizing the chances of complications or delays.