Change Child Surname Philippines

Dear Attorney,

I would like to ask for advice regarding changing the last name of my child. The father is not providing support, and I am considering changing my child’s surname to mine. Is this possible? What steps should I take, and what are the legal requirements for this? I hope to hear from you soon.

Sincerely,
[Concerned Parent]

Insights

In the Philippines, changing a child's surname is governed by several laws and guidelines, with specific procedures depending on the child’s birth circumstances and the family structure.

1. Legitimate vs. Illegitimate Children

   • Legitimate children, or those born to married parents, automatically carry the father’s surname as per the Family Code of the Philippines. Changing their surname is a complex process and generally requires a court order.
   • Illegitimate children, or those born outside of wedlock, generally carry the mother’s surname by default, as outlined in Article 176 of the Family Code. However, if the father acknowledges paternity, the child may carry the father's surname.

2. Grounds for Changing the Surname

   • A legitimate reason is typically required for changing a child’s surname, and the court must evaluate whether the change is in the best interest of the child. Common grounds include:
     • Abandonment or failure of the father to support the child.
     • The child's welfare being compromised by the father’s actions or reputation.
     • The child’s preference if they are of an age to express it.

3. Legal Process

   • Judicial Proceeding: To change a child’s surname, a petition for change of name must be filed in the Regional Trial Court. This process involves submitting evidence and presenting arguments as to why the surname change is justified.
   • Civil Registrar’s Office: In cases where the child is illegitimate and the father’s surname was acknowledged in error or without proper consent, the change may be simpler through the Local Civil Registrar, without the need for a court order.

4. Best Interest of the Child
   The court’s priority is always the best interest of the child. The petitioner must prove that the change of surname will benefit the child, considering factors such as emotional, psychological, and social impacts.

In summary, changing a child's surname is possible under certain conditions. Consulting with a lawyer to guide you through the necessary steps is highly recommended, especially if the matter involves judicial proceedings.