Using the Mother’s Surname as a Middle Name for an Illegitimate Child in the Philippines
(Legal Discussion – Philippine Context)

1. Introduction

In the Philippines, the question of whether an illegitimate child may use the mother’s surname as the child’s middle name frequently arises. Philippine naming conventions can be confusing—even more so when paternity is undisclosed or unrecognized. This article discusses the primary laws, administrative regulations, and court rulings related to illegitimate children’s use of the mother’s surname (and maiden name) as a middle name, along with practical considerations for registration and the issuance of civil registry documents.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a qualified attorney or seek guidance from the Philippine government offices involved.

2. Naming Conventions in Philippine Law

Philippine custom (not strictly codified in a single statute but widely observed) dictates that a person’s full name generally comprises:

First name (or Given name)
Middle name (traditionally the mother’s maiden surname)
Last name (traditionally the father’s surname)

However, for children born out of wedlock (i.e., illegitimate children), the default rule changes because of the legal presumption regarding parental authority and surname use.

3. Legal Framework

Several key legal sources govern the naming of illegitimate children in the Philippines:

Family Code of the Philippines (Executive Order No. 209, as amended)
- Article 175: Defines illegitimate children.
- Article 176 (as amended by R.A. 9255): Governs the use of the father’s surname by an illegitimate child, subject to the father’s recognition and certain formalities.
Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father)
- Amended Article 176 of the Family Code to allow an illegitimate child to use the father’s surname if the father expressly recognizes the child under the procedures prescribed by law (e.g., via an Affidavit of Acknowledgment or a court order recognizing filiation).
Administrative Issuances by the Philippine Statistics Authority (PSA), formerly NSO
- Implementing rules and regulations that direct local civil registrars on how to record and annotate birth certificates, particularly regarding the use of surnames by illegitimate children.
Supreme Court Decisions
- While there is no single Supreme Court case solely addressing the middle name of an illegitimate child, there have been rulings clarifying that illegitimate children default to the mother’s surname. When it comes to the middle name, Philippine courts and administrative agencies have historically shown caution, as the law does not explicitly grant an illegitimate child the automatic right to carry what is traditionally recognized as a “middle name.”

4. Default Rule: Mother’s Surname as Last Name

Under Article 176 of the Family Code, an illegitimate child is under the parental authority of the mother and shall carry the mother’s surname as the child’s last name if the father does not recognize or acknowledge the child. Consequently, the child’s birth certificate would list:

Given Name: chosen name(s)
Middle Name: (often left blank or recorded differently if no paternal recognition exists)
Last Name: mother’s surname

In common practice, if the father is not recognized or remains unknown, the mother’s surname becomes the child’s surname (i.e., the last name). This leads to questions: What goes into the “middle name” field of the child’s birth certificate? Can the child adopt the mother’s maiden name as a “middle name”?

5. The Concept of “Middle Name” for an Illegitimate Child

5.1. Traditional Filipino Practice

Traditionally, in the Philippines, one’s middle name is the mother’s maiden surname. For instance, if the parents are married, the child’s name might look like:

Juan Dela Cruz Santos

First name: Juan

Middle name: Dela Cruz (mother’s maiden surname)

Last name: Santos (father’s surname)

However, if a child is illegitimate and the father is not recognized, the mother’s surname already appears as the child’s last name. This leaves the question: is there a separate “middle name” at all?

5.2. Practical Dilemma in Registration

If the mother’s surname is the child’s last name, using the same surname as the middle name can create confusion (and often is not allowed by civil registrars).
If the mother’s maiden name was, for example, “Reyes” before she took on a married name (if at all), the child technically cannot adopt “Reyes” as a middle name if “Reyes” is already used as the child’s last name on the birth certificate.
If the mother’s name on her own birth certificate is “Maria Reyes Cruz” (where “Cruz” is her father’s surname), and she is unmarried at the time of the child’s birth, the mother’s last name is “Cruz.” The mother’s middle name (from her birth certificate) is “Reyes,” which belongs to the maternal grandmother’s side. Civil registrars often do not allow an illegitimate child automatically to use “Reyes” as a middle name in the birth certificate, particularly if the father is unknown or not recognized. The general reason is that the law does not expressly provide for it, and the child’s official last name is “Cruz” (the mother’s last name).

5.3. Absence of a Middle Name in Birth Certificates

It is not unusual for an illegitimate child in the Philippines to have a birth certificate with no middle name indicated. That is a valid entry under current civil registry laws if the father is not recognized. In everyday life, the child might choose to use a second given name or the mother’s middle name informally as a middle initial, but on official civil registry documents, it might be left blank or marked with a dash.

6. Using the Mother’s Maiden Surname as a Middle Name: Key Considerations

If the Father is Recognized
Under R.A. 9255, if the father validly recognizes the child (e.g., through an Affidavit of Acknowledgment or court recognition), the child may use the father’s surname. In that scenario, the mother’s maiden name would indeed become the child’s middle name—conforming to typical Filipino naming conventions. For example:
- Father: Jose Santos
- Mother’s maiden name: Maria Reyes Dela Cruz
- The child could be: Juan Dela Cruz Santos.
  Here, “Dela Cruz” is the mother’s maiden surname, used as the middle name.
If the Father is Not Recognized
The child’s legal surname remains the mother’s surname. For many local civil registrars, this effectively removes the option of putting an additional “middle name” in the birth certificate that duplicates or stems from the mother’s line, because:
- The mother’s surname is already the child’s last name.
- There is no statutory provision that compels them to insert the maternal grandmother’s surname (the mother’s middle name) as the child’s middle name.
- The law’s silence on the use of a “middle name” by an illegitimate child not recognized by the father means civil registrars often default to leaving the middle name field empty.
Jurisprudential and Administrative Guidance
- The courts have acknowledged that there is no direct legislative or administrative mandate forcing the local civil registrar to assign a separate middle name to an illegitimate child whose father is not recognized.
- Efforts to replace or add a middle name post-registration typically require a court order or administrative correction under Republic Act No. 9048 (and its amendment, R.A. 10172), which governs certain corrections in the civil registry. However, R.A. 9048 usually covers minor clerical errors or changes in first name/nickname—not the insertion of a middle name that was never recorded.

7. Potential Scenarios and Their Implications

Mother is Single, Father Unknown
- Child is automatically recorded with the mother’s surname as the last name.
- Middle name entry is typically blank or a dash (as required by some local civil registrars).
Mother is Single, Father Recognizes Child
- If father formally acknowledges paternity, the child may adopt the father’s surname.
- The child’s middle name usually becomes the mother’s maiden surname, aligning with typical Philippine naming conventions.
Mother is Married, But Not to Father of the Child
- This situation can be more complex legally because of presumptions of legitimacy if the mother is currently married. Courts and local civil registrars typically require proof to overcome the presumption that the child is the husband’s child. If proven otherwise and the child is registered as illegitimate with a different (biological) father, naming options follow the same recognition rules in R.A. 9255. If the father is not recognized, the child would bear the mother’s surname.
- Middle name would ordinarily not be assigned if the father is not recognized.

8. How to Register an Illegitimate Child with the Mother’s Surname and Middle Name

Given the complexities, those who wish to have the mother’s maiden name appear as a middle name (despite the father’s non-recognition) can consider:

Consulting the Local Civil Registrar
- Confirm the registrar’s interpretation of the law and local administrative practices. Policies can vary slightly among different jurisdictions in the Philippines.
Judicial Action
- In rare cases, seeking a court order might be needed if there is a strong personal or familial reason to reflect the mother’s maiden name in the child’s middle name. The court will consider the best interest of the child and the clarity of legal standards.
Acknowledgment/Affidavit by the Father
- If the father’s acknowledgment is simply delayed but not outright refused, facilitating the father’s acknowledgment can simplify naming. Once recognized, the child can lawfully carry the father’s surname and automatically take the mother’s maiden surname as the middle name.

9. Common Misconceptions

“All children must have a middle name.”
- Philippine law does not require a middle name in all cases. Many illegitimate children’s birth certificates show no middle name.
“An illegitimate child may freely pick the mother’s middle name as his/her own middle name.”
- Without the father’s recognition or a specific judicial/administrative basis, the local civil registrar typically will not record the mother’s middle name as the child’s middle name.
“A mother’s middle name and surname are automatically the child’s middle name and surname.”
- If the child is illegitimate and unrecognized by the father, the mother’s surname becomes the child’s surname; the middle name field is often left blank.

10. Practical Tips

Register the Birth Promptly
- Delays in registration can cause confusion and may require more complex legal procedures later on.
Get Clear Advice from the Local Civil Registrar
- Implementation can differ slightly from one city/municipality to another. Ask for a written list of requirements for birth registration of illegitimate children.
If Recognition by the Father is Possible
- Explore that route early to avoid complications. R.A. 9255 provides a clear path for an illegitimate child to carry the father’s surname (and thus the mother’s maiden name as a middle name).
Document Everything
- Keep copies of the mother’s birth certificate, any acknowledgment or documents from the father, and any court or administrative orders affecting the child’s filiation.
Consider Future Changes
- If the father recognizes the child years later, changes or annotations to the birth certificate can be requested through the local civil registrar under the rules for supplemental reports, legitimization (if parents subsequently marry), or R.A. 9048/10172 if there are minor clerical errors.

11. Conclusion

In the Philippines, the default rule for an illegitimate child—when the father does not recognize the child—is to bear the mother’s surname as the last name. In such cases, a middle name is typically left out entirely in official birth records. The law does not automatically grant the illegitimate child the right to use the mother’s maiden surname as a middle name if the father remains unknown or unrecognized. Only upon the father’s valid recognition can an illegitimate child begin to follow the customary “mother’s maiden name as middle name, father’s surname as last name” formula.

While there may be localized administrative nuances and evolving judicial decisions, the general practice aligns with the above framework. Parents, guardians, or registrants seeking clarity or exceptions are advised to consult legal professionals or approach their local civil registrar for specific guidance.