Can I change my child's surname to my surname if I am not married to the father?

In the Philippines, the process of changing a child's surname to the mother's surname involves specific legal procedures and considerations, especially if the parents are not married. Here is a breakdown of the relevant legal framework:

1. Legitimacy and Illegitimacy of the Child

Legitimate Child: If the parents are married at the time of the child's birth, the child is considered legitimate and traditionally carries the father's surname. Changing the surname to the mother's in such cases is more complex and generally requires a legal process, such as filing a petition for a change of name in court.
Illegitimate Child: If the parents are not married, the child is considered illegitimate. Under Article 176 of the Family Code of the Philippines, an illegitimate child generally carries the mother's surname, unless the father acknowledges the child. If the child already bears the father’s surname, the mother may request to change it to her surname under specific circumstances.

2. Acknowledgment and Recognition by the Father

If the father has acknowledged the illegitimate child, and the child is using the father’s surname, the mother may wish to change the surname to her own. However, this requires a legal process, such as filing a petition in court, and providing justifiable reasons for the change. Courts usually evaluate the best interest of the child when deciding on such matters.

3. Petition for Change of Name

To legally change the child's surname, the mother must file a petition for change of name under Rule 103 of the Revised Rules of Court. The petition should be filed in the Regional Trial Court of the place where the child resides. The petition must include valid grounds for the change, such as protecting the child’s welfare or avoiding confusion. The court will then conduct hearings, during which evidence and testimonies are presented.

4. Consent of the Father

In some cases, especially if the child has been acknowledged by the father, his consent may be required for the name change. The lack of consent can complicate the process and may require the mother to demonstrate that the change is in the child’s best interest, despite the father's opposition.

5. Best Interest of the Child

The paramount consideration in cases of surname changes is the best interest of the child. The court will consider various factors, including the potential impact on the child’s identity, social relationships, and emotional well-being. The mother must present compelling reasons why changing the surname would benefit the child.

6. Judicial Affidavit and Publication Requirement

Part of the legal process may include submitting a judicial affidavit and fulfilling publication requirements. This ensures that any concerned parties are notified of the proposed change. The court may also appoint a guardian ad litem to represent the child’s interest during the proceedings.

7. Final Decision and Implementation

After the hearings and review of all evidence, the court will issue a decision. If the court grants the petition, the change of surname will be implemented, and the new name will be reflected in the child's birth certificate. The decision must be registered with the civil registrar where the child’s birth was originally recorded.

Conclusion

Changing a child’s surname to the mother’s surname in the Philippines is a legally intricate process, especially if the parents are not married. It requires a thorough legal procedure, with the court ultimately determining what is in the best interest of the child. Parents considering this change should consult with a legal professional to navigate the process effectively.