Removal of the Father’s Surname from a Child’s Birth Certificate
(Philippine Law & Practice, updated April 2025)

1. Why the child bears the father’s surname in the first place

Situation	Governing rule
Legitimate child (parents married to each other when the child was conceived or born)	Civil Code Art. 364 → child automatically uses the father’s surname.
Illegitimate child (parents not married) before 2004	Child ordinarily uses the mother’s maiden surname (Art. 176, Family Code).
Illegitimate child after 19 March 2004	R.A. 9255 allows use of the father’s surname if the father expressly or impliedly recognizes the child (affidavit of acknowledgment, AUSF, or on‑record appearance).

Removing the father’s surname is therefore an attempt either to (a) restore the mother’s surname in an illegitimate child’s record, or (b) disestablish paternity in a legitimate child’s record.

2. Legal anchors you must know

Civil Code arts. 360–366 & Family Code arts. 170–176 – define legitimate/illegitimate status, paternity, and surnames.
R.A. 9255 (2004) – sets the administrative mechanism for an illegitimate child to take the father’s surname; by corollary, an erroneously applied AUSF or acknowledgment can be withdrawn or annulled.
R.A. 9048 (2001) as amended by R.A. 10172 (2012) – allows administrative correction of mere clerical or typographical errors in civil‑registry entries, but not of legitimacy or filiation issues.
Rule 108, Rules of Court – covers judicial petitions to cancel or correct substantial entries (e.g., paternity, legitimacy, surnames when contested).
Supreme Court jurisprudence – particularly:
- Navera v. Civil Registrar (G.R. 162974, 2010): substantial changes = Rule 108 case.
- Republic v. Trinidad (G.R. 259838, 11 Jan 2023): withdrawal of paternal acknowledgment must be via Rule 108 and with due process.
- Republic v. Cordero (G.R. 223321, 19 Jan 2021): DNA disestablishment of paternity justified removal of father’s surname.

3. Common fact patterns and appropriate remedies

Scenario	Remedy	Venue & authority	Key requirements
A. Illegitimate child (father acknowledged via AUSF or signature) — mother now wants child to revert to her surname	Administrative cancellation of AUSF plus correction of birth certificate under R.A. 9048/9255	Local Civil Registrar (LCR) where birth was recorded	(1) Child’s consent if ≥ 7 yrs old; (2) Affidavit of rescission/withdrawal; (3) Notice & posting for 15 days; (4) Filing fee + PSA processing
B. Father’s acknowledgment was forged, coerced, or erroneous	Judicial petition for cancellation of entry & annulment of acknowledgment (Rule 108)	Regional Trial Court (RTC) where civil registry is located	Verified petition, impleading: LCR, PSA, father, child (if already of age), Office of the Solicitor General; publication + hearing; possible DNA test
C. Child was registered as legitimate but later DNA disproves paternity (e.g., mistaken hospital switch, adultery)	Action to impugn legitimacy (Family Code 170) within 1 year from child’s discovery of birth circumstances or within prescriptive periods for the husband; then Rule 108 correction	RTC	Conclusive DNA evidence; strict periods; participation of mother & putative biological father
D. Adult child (≥ 18) personally wants to drop the father’s surname for personal reasons	Same pathways as A or B depending on ground; note that mere preference is not a valid ground—must show mistake, vitiated consent, or rescission of acknowledgment	LCR or RTC	Affidavit of adult child; valid IDs; proof of ground

Important: R.A. 9048 only covers clerical errors. The Supreme Court treats the change of surname because of contested paternity as substantial—hence it usually falls under Rule 108 (judicial). Attempting to force it through administrative channels when the father objects will likely fail.

4. Step‑by‑step guide (administrative track)

Draft an Affidavit of Rescission/Withdrawal of Paternal Acknowledgment stating facts and grounds (fraud, mistake, absence of genuine consent, etc.).
Secure child’s consent if 7 yrs old and above (interview by LCR is routine).
File Petition under R.A. 9255 & 9048 with the LCR of the place of birth (use the pro‑forma form).
Pay filing & posting fees (₱1,000–₱3,000 typical plus ₱30/day posting).
15‑day posting period on the LCR bulletin board. If no opposition, the civil registrar renders a decision.
Transmit to PSA for annotation; wait 3‑6 months for the Certificate of Finality and issuance of the new PSA‑SECPA birth certificate.

If the LCR denies or a party objects → elevate to the RTC via Rule 108 within 30 days.

5. Step‑by‑step guide (judicial track – Rule 108)

Hire counsel (Rule 108 is a special proceeding; counsel is strongly advised).
Prepare verified petition stating (a) jurisdictional facts, (b) description of entry to be canceled (“the surname ‘Dela Cruz’ opposite ‘last name’ in the Certificate of Live Birth of …”), (c) grounds, and (d) reliefs.
Implead indispensable parties: Local Civil Registrar, father, mother, child, PSA, OSG.
Publish the Order once a week for 3 consecutive weeks in a newspaper of general circulation.
Serve personal notice to all parties.
Present evidence: authenticated birth certificate, AUSF, DNA report, affidavits, testimony.
Receive RTC decision; if granted, the clerk transmits a certified copy to the LCR and PSA for annotation.
Secure PSA‑issued birth certificate with marginal annotation of the court decree (processing 1‑3 months after finality).

6. Documentary & evidentiary checklist

PSA birth certificate (latest copy)
Any AUSF, Acknowledgment, or Affidavit of Admission of Paternity originally filed
Mother’s and/or child’s government IDs
DNA profile/report (if paternity is disputed)
Marriage certificate (if legitimacy is at issue)
Receipts of filing fees & publication
School records, baptismal certificates, or passports that will also require amendment after the surname change

7. Legal and practical effects of a successful removal

Aspect	Effect
Child’s surname	Reverts to the mother’s maiden surname; reflected in all civil, school, and government IDs once re‑issued.
Filiation	If merely removing surname but paternity remains admitted (rare), filiation subsists. If acknowledgment is rescinded/annulled, filiation to the father is severed.
Legitimacy status	Legitimate child whose paternity is disestablished becomes illegitimate; parental authority shifts to the mother alone (Family Code 176).
Child support & succession	Father’s support obligation and intestate succession rights end only if filiation is judicially rescinded.
Passport, PhilSys, school records	Must be updated via DFA, DICT/PSA, and the DepEd/CHED respectively, presenting the annotated PSA birth certificate.
PhilHealth, SSS, Pag‑IBIG dependencies	Require submission of the updated birth certificate and completion of member‑data‑change forms.

8. Time, cost, and risk considerations (2025 averages)

Track	Filing Fee	Publication	DNA (optional)	Total Cash Outlay	Time to Effectivity
Administrative (uncontested)	₱1,000–₱3,000	n/a	n/a	₱1,000–₱3,000	2–6 months
Judicial (contested)	₱4,000–₱6,000 docket + ₱3,000 legal research	₱8,000–₱15,000	₱14,000–₱18,000	₱30k–₱80k+ (incl. lawyer’s fees)	8 months – 2 years
Appeals to CA/SC	additional ₱10k–₱30k	none	as needed	varies	add 1–3 years

9. Frequently encountered pitfalls

Believing the LCR can act on a contested petition. Once the father objects, the LCR must deny; the proper remedy is Rule 108.
Using a general “change‑of‑name” petition (R.A. 9048) when the issue is paternity. This will be dismissed as beyond the law’s scope.
Letting prescription run in legitimacy‑impugnation cases (Art. 170: one year from knowledge or from the child reaching age 18).
Skipping indispensable parties in Rule 108. The decree becomes void for lack of due process, as reiterated in Republic v. Uy‑Dueng (2020).
Assuming DNA is always required. If the acknowledgment is facially invalid (e.g., forged signature), documentary proof alone may suffice.

10. Practical tips for parents and counsel

Gather original documents early. PSA now imposes a stricter chain‑of‑custody for AUSF rescission.
Consider mediation. An uncontested petition slashes costs and time; fathers sometimes consent when informed they remain morally free to support the child.
Synchronize updates. Change the surname across PhilSys, school, passport, and bank accounts in one sweep to avoid conflicting identities.
Mind the child’s best interests. Courts weigh emotional impact heavily, especially for school‑age children already known by the father’s surname.
Keep certified copies of the court order; many agencies still require hard‑copy verification despite PSA’s QR‑coded certificates.

11. Checklist for lawyers drafting a Rule 108 petition

Caption & docket: “In Re: Petition for Cancellation and/or Correction of Entries in the Certificate of Live Birth of…”
Enumerate all entries to be cancelled (surname, middle name, father’s name, civil status of parents, legitimacy code).
Allegations: jurisdictional facts → facts of birth → how entry got recorded → grounds for cancellation (fraud, lack of consent, DNA, etc.).
Prayer: specific relief, including directive to LCR and PSA to annotate.
Verification & CTC of ID.
Attachments & witnesses list.

12. Concluding caveats

The right to bear a name touches status, identity, and family relations; courts therefore demand strict compliance with procedural and substantive law.
While this article reflects statutes and jurisprudence current to April 18 2025, local civil registrars sometimes issue circulars that fine‑tune documentary formats—always check the latest PSA‑LCR Memoranda.
This guide is informational, not legal advice. For an actual case, consult a Philippine lawyer who can evaluate the full facts and represent you in the appropriate forum.

Key citations (for deeper study)

Civil Code of the Philippines (Arts. 360–366)
Family Code Arts. 170–176
Republic Acts 9048, 9255, 10172
Rule 108, Rules of Court
Navera v. Civil Registrar (G.R. 162974, February 17 2010)
Republic v. Trinidad (G.R. 259838, January 11 2023)
Republic v. Cordero (G.R. 223321, January 19 2021)

End of article