Query: Can I change the surnames of my two children in the Philippines?

In the Philippines, the process for changing a child's surname involves specific legal procedures and requirements, governed by the Civil Code and relevant statutes such as the Family Code and the Rules of Court. This change is typically pursued for various reasons, including paternity acknowledgment, adoption, the best interests of the child, or correction of clerical errors.

Legal Grounds for Changing a Child’s Surname:

Legitimation: Occurs when parents who were not married at the time of a child’s birth later marry. This change can legally alter the child’s surname to that of the father.
Adoption: Adopted children typically take the surname of the adoptive parent.
Change of Paternity: Acknowledgment or establishment of paternity can be grounds for changing a child’s surname to that of the biological father if previously listed under the mother's surname.
Correction of Clerical Errors: Under the Clerical Error Law (Republic Act No. 9048), changes can be made in case of misspelled names or wrong surnames due to clerical or typographical errors.

Procedures for Changing a Child’s Surname:

Petition for Change of Name: This legal document must be filed in the local civil registry office where the child’s birth is registered. The petition should clearly state the reason for the surname change.
Court Proceedings: More substantial changes, like those not covered by clerical error corrections, typically require a court order. This process involves filing a petition in court, followed by court hearings, and requires sufficient proof supporting the reasons for the change.
Approval and Finalization: Once the petition is approved, whether administratively through the local civil registry or judicially through the courts, the decision must be registered. The new surname will be reflected in the child’s amended birth certificate.

Considerations and Implications:

Child’s Best Interest: Changes to a child’s surname should consider the child's welfare and social well-being.
Legal Advice: It’s advisable to consult with a legal professional to understand all implications and ensure the process adheres to legal standards.
Consent: In cases involving minors, the consent of both parents, or the legal guardian, is generally required unless a valid exception, such as abandonment or termination of parental rights, applies.

Conclusion: Changing a child’s surname is a significant legal action that affects a child's identity and rights. It should be undertaken with full understanding of the legal processes and the potential impacts on the child’s future. Those considering such changes should seek detailed advice and consider all legal requirements to ensure the action is executed properly and for the right reasons. This ensures the protection of the child’s rights and alignment with the best interests of the child, which is central to family law in the Philippines.