Child Surname Change to the Mother’s Maiden Name in the Philippines

Everything you need to know – statutes, rules, procedures, fees, timelines, and practical tips

Key takeaway:

ILLEGITIMATE child already carries the mother’s surname by default; if an illegitimate child is using the father’s surname (because of RA 9255) and the mother now wants her own surname restored, this is done administratively through the Local Civil Registrar (LCR).

LEGITIMATE child (one born in lawful wedlock) carries the father’s surname by operation of law; changing it to the mother’s maiden name always requires a court petition under Rule 103 of the Rules of Court.

Neither R.A. 9048/10172 nor R.A. 9255 authorises replacing the father’s surname of a legitimate child with the mother’s surname; only the court may do so, and only on “proper cause”.

1. Governing Sources of Law

Authority	Core Points
Family Code of the Philippines (E.O. 209, 1987)	Art. 173–176: filiation; Art. 363–364: legitimate children use father’s surname; illegitimate children use mother’s surname “unless acknowledged by the father in the birth record, admission of paternity, or public instrument”.
R.A. 9255 (2004)	Allows an illegitimate child to use the father’s surname without court action, through an Affidavit to Use the Surname of the Father (AUSF). Silent on reverting back to the mother’s surname; PSA treats the reversion as the mirror image of the AUSF, processed administratively.
R.A. 9048 (2001) as amended by R.A. 10172 (2012)	Authorises the LCR/Consul General to correct “clerical or typographical errors” and to change a person’s first name or nickname; *does not* allow change of surname**, except for (i) correction of obvious clerical error in the surname, or (ii) change from “Jr.” to “II”, etc.
Rule 103, Rules of Court	Judicial proceeding to change or correct a surname for proper and reasonable cause; publication in a newspaper of general circulation for three (3) consecutive weeks is mandatory.
R.A. 9858 (2009)	Legitimation of children born to parents subsequently married; once legitimated, the child becomes legitimate and must use the father’s surname.
R.A. 11222 (2019) – Simulated Birth Rectification Act	Provides a judicial/administrative path for children whose births were simulated; governs correction of surnames when the true mother’s identity is established.
Selected jurisprudence	Tamargo v. Court of Appeals (G.R. 85044, June 3 1992); Silverio v. Republic (G.R. 174689, Oct 22 2007); Republic v. Cagandahan (G.R. 166676, Sept 12 2008) – although on sex/gender change, these clarify when RA 9048 vs Rule 103 applies.

2. The decisive factor: Legitimacy of the child

Illegitimate child
Default surname: mother’s maiden name (Art. 176, Family Code, as amended by RA 9255).
- Scenario A – child already uses mother’s surname: nothing to change.
- Scenario B – child uses father’s surname via AUSF:
  - The mother (or the child if 18 +) may execute an Affidavit to Revert to the Surname of the Mother (ARSM) before the LCR.
  - PSA Memorandum Circular No. 2016-12 treats this as a clerical correction under RA 9048; no court involvement.
Legitimate child
Default surname: father’s.
- Only Rule 103 petition can substitute the mother’s maiden surname.
- Grounds accepted by courts include abandonment, child’s best interests, serious moral/psychological harm, child consistently using mother’s surname, etc.
- Proof standard: clear and convincing; mere preference is insufficient.

3. Administrative route (illegitimate children)

Step-by-step

Step	Action	Notes
1	Prepare documents	- PSA birth certificate of the child (SECPA). - Valid IDs of parent/child. - Notarised ARSM stating reasons (e.g., father absent, child known in school as X, best interests).
2	File with the LCR where the birth was registered (or where child resides).	Fill in the LCR’s pro-forma Petition under RA 9048.
3	Posting requirement	Petition posted for ten (10) consecutive days at the LCR bulletin board; no newspaper publication needed.
4	Evaluation & Decision	City/Municipal Civil Registrar issues a Decision within five (5) working days after posting.
5	Endorsement to PSA	LCR transmits the annotated record to the PSA for issuance of an updated SECPA copy (turn-around: ~2-3 months).

Fees (2025 schedule)

Filing: ₱1,000 (city) / ₱500 (municipality)
Endorsement & PSA annotation: ~₱140 + courier charges

Timeline: 2–4 months total if no opposition.

4. Judicial route (legitimate children)

Checklist under Rule 103

Requirement	Details
Verified Petition	Filed in the RTC of the province where the petitioner resides. Must state: (a) facts showing Philippine citizenship and residence; (b) the cause for the change; (c) the new name sought.
Publication	Order of hearing published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.
Notice to Solicitor General and Civil Registrar	The OSG appears to protect the State’s interest.
Hearing	Presentation of evidence (testimony, school records, affidavits) that the change will not prejudice anyone and is for a proper purpose.
Decision & Entry	If granted, the decision is registered with the LCR and annotated on the birth record; PSA issues a new SECPA.

Fees (illustrative, vary by location)

Filing: ₱3,000–₱5,000
Publication: ₱6,000–₱15,000 (depending on newspaper)
Lawyer’s professional fee: ₱30,000 + (varies)

Timeline: 6 months – 1 year (unopposed); longer if opposed.

5. Common questions

Q	A
Can the father block the change?	In administrative cases (illegitimate child), the LCR must notify the father if address is known; his written opposition within 10 days triggers referral to the PSA Legal Division for adjudication. For legitimate children, the father may oppose in court.
Will the child lose inheritance rights?	No. Surname does not affect filiation. What matters is legitimacy/acknowledgment.
Does the school ID, passport, PhilHealth, etc. automatically change?	No. Once the PSA issues an annotated birth certificate, present it to each agency for record amendment.
Age of consent by the child?	At 18, the child may file in their own name; below 18, the mother (or legal guardian) files.
What if the parents were never married but subsequently marry?	The child becomes legitimated (R.A. 9858) and must then use the father’s surname; any later attempt to substitute the mother’s surname will again require court action.

6. Practical tips & pitfalls

Gather complete civil registry documents early—mismatched middle names or error in dates invariably delay processing.
Explain the “best interests of the child” concretely: school bullying, consistency with siblings, avoidance of confusion in travel documents. Courts give these real weight.
Expect PSA delays around December–February (peak season for civil registry requests).
Keep all official receipts & the posting certification; these are checked by the PSA Legal Division when it reviews LCR decisions.
Update the child’s PhilSys ID (National ID) last; it requires the updated birth certificate plus the amended records from PhilHealth and the DepEd/CHED.

7. Sample Affidavit to Revert to the Surname of the Mother (extract)

“I, MARIA SANTOS Y CRUZ, of legal age, single, Filipino… mother of minor JUAN MIGUEL SANTOS RODRIGUEZ, do hereby state:

That said child was registered on 10 March 2017 bearing the surname RODRIGUEZ, the surname of his biological father Jose Rodriguez pursuant to Republic Act No. 9255;

That the father has since abandoned and ceased to communicate with the child;

That for the child’s moral and social welfare he has been continuously known in school and in our community as JUAN MIGUEL CRUZ SANTOS;

That I therefore request that the child shall henceforth use my maiden surname SANTOS in accordance with Article 176 of the Family Code and PSA Memorandum Circular No. 2016-12…”

(Notarial acknowledgement follows.)

8. Bottom-line matrix

Child’s status	Present surname	Desired change	Route	Typical duration	Cost (PHP)
Illegitimate	Father	Mother	RA 9048 admin (LCR)	2–4 mo	1–2 k
Illegitimate	Mother	(No change)	N/A	—	—
Legitimate	Father	Mother	Rule 103 petition	6–12 mo	40–60 k
Legitimated (RA 9858)	Father	Mother	Rule 103 petition	6–12 mo	40–60 k

9. Final reminders

Surname is a matter of public interest; that is why Philippine law is strict and, for legitimate children, demands court oversight.
Administrative remedies are strictly construed; if the LCR refuses, pushing through the same request via court is usually the next—and only—step.
Each case is fact-sensitive. Always review the full documentary chain (marriage certificate, CENOMAR, prior annotated records) before filing.
Consult a Philippine lawyer who handles civil registry cases to tailor the strategy, especially if you foresee opposition or foreign elements (e.g., the child was born abroad).

This article is for general information only and is not a substitute for formal legal advice.