How can I change my son's last name from his father's to mine? We have never been married but the father has acknowledged our son on the birth certificate.

In the Philippines, changing a child's last name involves a legal process that requires adherence to specific laws and guidelines. Here are the steps and considerations for changing your child's last name from the father's surname to yours:

1. Legal Grounds for Changing a Child’s Last Name:

Republic Act No. 9255: This law allows illegitimate children to use the surname of their father if the father acknowledges the child. Conversely, the mother can seek to change the child's surname to hers if certain conditions are met, particularly when the parents are not married.

2. Filing a Petition for Change of Name:

Petition for Change of Name: To initiate the process, you must file a Petition for Change of Name in the Regional Trial Court (RTC) where the child resides. This petition should state the reasons for the requested change.

3. Contents of the Petition:

Child’s Details: Full name, birth date, and place of birth.
Parentage: Names of the biological parents, including the acknowledgment of paternity by the father as indicated on the birth certificate.
Reasons for the Change: Provide valid and compelling reasons for the change of surname, such as the child’s best interests or other pertinent reasons.

4. Legal Procedure:

Verification and Filing: The petition must be verified and filed with the RTC. It should be accompanied by supporting documents, such as the birth certificate and the acknowledgment of paternity.
Notice and Publication: The court will order the publication of the petition in a newspaper of general circulation once a week for three consecutive weeks. This is to inform any interested parties and allow them to contest the petition if they wish.

5. Court Hearing:

Setting the Hearing: The court will set a date for the hearing, during which you must present evidence supporting your petition.
Presentation of Evidence: This includes the reasons for the change and how it will benefit the child. Testimonies and documents will be presented to establish the validity of the request.

6. Decision:

Court’s Decision: After considering the evidence, the court will decide whether to grant the petition. If granted, the court will issue an order for the change of surname.
Implementation: Once the court order is obtained, it must be registered with the Local Civil Registry Office (LCRO) where the child’s birth was originally registered. This will update the child’s birth certificate with the new surname.

7. Registration with the Civil Registrar:

Final Steps: Submit the court order to the LCRO to amend the birth certificate. This involves updating the records to reflect the child’s new surname.

Considerations:

Best Interests of the Child: The court's primary consideration is the best interest of the child. Demonstrating that the name change will positively impact the child’s welfare is crucial.
Consent of the Father: While not always required, obtaining the father’s consent can facilitate the process. If the father objects, the court will carefully review the reasons and make a decision based on the child's best interests.

Conclusion:

Changing a child's last name in the Philippines requires a formal legal process involving a court petition, publication, and a court hearing. It is essential to provide valid reasons for the change and demonstrate that it is in the child's best interests. Consulting with a legal expert can help navigate this complex process effectively.