Query: Paano palitan ang apelyido ng anak ko?

In the Philippines, changing a child’s surname is a legal process that involves several steps and requirements. This process is generally governed by the Family Code of the Philippines, the Rules of Court, and various administrative orders. Below are the key steps and considerations for changing a child's surname.

1. Voluntary Recognition by the Father

If the child is illegitimate and the father did not initially recognize the child, but now wants to do so, the child can use the father's surname. This process involves:

A written acknowledgment of paternity by the father.
The execution of the Affidavit to Use the Surname of the Father (AUSF).
Registration of the AUSF with the Local Civil Registry.

2. Court Petition for Legitimation

If the parents of an illegitimate child subsequently marry, the child can be legitimated, and thus can use the father’s surname. This involves:

Submission of a petition for legitimation in court.
Providing proof of marriage and birth certificates.
Court order granting the legitimation.

3. Administrative Correction for Minor Errors

For minor errors or changes in the surname, such as clerical or typographical errors, the process can be simpler and handled administratively under Republic Act No. 9048, which allows for the correction of such errors without a judicial order. This involves:

Filing a petition for correction with the Local Civil Registrar.
Providing necessary documents such as birth certificates and affidavits.

4. Judicial Petition for Change of Surname

For more substantial changes, such as changing the child’s surname from the mother’s to the father’s (if initially not recognized) or vice versa, a judicial petition is required. This involves:

Filing a verified petition in the Regional Trial Court.
Stating valid reasons for the change (e.g., abandonment by the father, use of mother’s surname, best interest of the child).
Notification of concerned parties, including the other parent.
Court hearings and presentation of evidence.
Obtaining a court order approving the change.

5. Considerations and Best Interests of the Child

The court will consider the best interests of the child when deciding on the petition. Factors may include:

The relationship between the child and the requesting parent.
The presence or absence of the other parent in the child's life.
The potential impact on the child’s social and emotional well-being.

6. Publication and Notice Requirements

For a judicial petition, the law requires:

Publication of the petition in a newspaper of general circulation.
Serving notices to concerned parties.

7. Updating Records

Once the change is approved, the final step involves:

Updating the child’s birth certificate with the Local Civil Registry.
Informing other relevant government agencies, such as the Philippine Statistics Authority (PSA), to ensure the changes are reflected in official records.

Conclusion

Changing a child’s surname in the Philippines involves a combination of administrative and judicial processes, depending on the nature of the change and the circumstances surrounding it. It is advisable to consult with a legal expert or family lawyer to navigate this process effectively and ensure compliance with all legal requirements.