Letter to Attorney

Dear Attorney,

I hope this letter finds you well. I am seeking legal advice regarding a concern I have about my child’s surname. The biological father acknowledged the child within the weeks of birth, but since then, he has not been involved in any way for the past five years. He has failed to provide any financial support or presence in the child’s life. I would like to inquire about the process and legal grounds for changing my child’s last name from the father’s to my own. I am concerned about the long-term welfare and identity of my child, especially given the absence of the father’s role.

I would deeply appreciate your guidance on this matter and the steps I need to take to initiate the process. Thank you for your time and assistance.

Sincerely,
A Concerned Mother

Legal Considerations on Changing a Child's Last Name to the Mother's in the Philippines

In the Philippines, changing the surname of a child involves intricate legal processes that require consideration of parental rights, the welfare of the child, and the limitations imposed by law on name changes. This article aims to address the legal intricacies of changing a child's last name from the father's to the mother's surname, particularly in situations where the biological father has acknowledged paternity but has not maintained involvement in the child's life.

The Legal Framework: Philippine Law on Surnames

The legal basis for determining a child's surname in the Philippines is primarily governed by the Family Code of the Philippines, particularly under Executive Order No. 209, and Republic Act No. 9255, also known as the Act Allowing Illegitimate Children to Use the Surname of their Father. For legitimate children, Article 364 of the Civil Code mandates that they shall bear the surname of the father. For illegitimate children, under RA 9255, the mother may choose the child’s surname unless the father expressly acknowledges the child, in which case the father’s surname may be used.

The Issue of Paternity Acknowledgment

In the scenario described, the biological father acknowledged the child at birth. This acknowledgment likely led to the child bearing the father’s surname on the birth certificate. Under Philippine law, such acknowledgment creates a legal tie between the child and the father, and with it, certain rights and obligations, including the use of the father’s surname.

However, acknowledgment of paternity, while establishing the legal surname of the child, does not necessarily confer an immutable right to continue using the father’s surname indefinitely, especially when the father has failed to fulfill his responsibilities, such as financial support or maintaining a relationship with the child. The fact that the father has been absent and has not provided financial support for five years raises the question of whether the child should continue to carry his surname.

Grounds for Changing the Child’s Surname

In the Philippines, changing a child’s surname is not a matter that can be taken lightly or done at will. The Supreme Court has held in multiple cases that the best interest of the child is the primary consideration in determining whether a change of surname is justified. Under the Rules of Court, specifically Rule 108, there must be a valid reason to justify such a change, and the matter requires judicial intervention.

Some common grounds for changing a child’s surname, particularly in cases where the father has been absent, may include:

Abandonment: If the father has abandoned the child, either physically or emotionally, this can be grounds for changing the surname. Abandonment can be shown through the father’s prolonged absence and failure to communicate or provide support.
Failure to Provide Support: Under Philippine law, parents are legally obligated to provide financial support to their children. The failure of the father to meet this obligation may also serve as a valid reason for changing the child’s surname, as it indicates a lack of parental involvement.
Best Interest of the Child: Courts often weigh whether the use of the father’s surname serves the child’s best interest, especially when the father has not been a part of the child’s life. In determining this, the court will consider factors such as emotional bonds, stability, and the potential impact of the change on the child’s identity.
Child’s Preference: In some cases, particularly for older children, the child’s own preference may be considered by the court, especially if the child feels more connected to the mother’s family and has developed little to no bond with the father.

The Legal Process for Changing a Child’s Surname

Changing a child’s surname is a judicial process and requires filing a petition in court. The following are the general steps involved:

Filing a Petition for Change of Name (Rule 108): A formal petition must be filed before the Regional Trial Court (RTC) of the jurisdiction where the petitioner resides. The petition should clearly state the reasons for the name change and present any supporting evidence. This could include evidence of the father’s abandonment, failure to provide financial support, or proof that the name change is in the child’s best interest.
Notification of Interested Parties: The court will require that interested parties, including the father, be notified of the petition. This provides the father with an opportunity to contest the change. However, if the father has been absent and his whereabouts are unknown, the court may allow service of notice through publication in a newspaper of general circulation.
Court Hearing: The court will hold a hearing to examine the merits of the case. Both the mother and any witnesses may be called to testify. The court will evaluate whether changing the child’s surname is in the child’s best interest, considering all relevant factors, including the father’s absence and lack of support.
Decision: If the court finds sufficient grounds, it will issue an order allowing the change of surname. The court’s decision will then be forwarded to the Philippine Statistics Authority (PSA), which will update the child’s records and birth certificate to reflect the new surname.

Practical Implications of a Surname Change

Changing a child’s surname has far-reaching implications beyond the legal record. For instance, the child’s identity documents such as the birth certificate, passport, and school records will need to be updated. Furthermore, the name change may impact the child’s sense of identity, especially if the child has been using the father’s surname for a significant period. These practical considerations underscore the importance of ensuring that the change truly serves the child’s best interest.

It is also essential to note that the father’s parental rights are not necessarily extinguished by a surname change. Even if the child no longer bears the father’s surname, the father remains legally recognized as the child’s parent and may still have rights to visitation or custody, unless these are legally terminated through a separate process such as adoption or the revocation of parental authority.

Alternative Solutions: Voluntary Agreement

While the judicial process for changing a child’s surname is often necessary, an alternative route may be available if both parents are in agreement. If the father consents to the surname change, the process may become less contentious. In such cases, both parents can jointly file the petition for a name change. The father’s consent can expedite the court proceedings and make it easier to obtain the court’s approval.

Cases and Jurisprudence

In the landmark case of Alfon v. Republic (GR No. L-25109, 1968), the Supreme Court ruled that the welfare of the child is paramount in considering petitions for a change of name. The court emphasized that the child's name is part of his or her identity, and any alteration must be shown to clearly benefit the child. Similarly, in Republic v. Capote (GR No. 157043, 2005), the Supreme Court reiterated that abandonment and neglect by the father could justify the change of the child’s surname.

Conclusion

The process of changing a child’s surname from the father’s to the mother’s in the Philippines is complex and requires judicial approval. The law prioritizes the best interest of the child and weighs factors such as the father’s involvement, financial support, and abandonment. For mothers seeking this change, the path involves filing a petition under Rule 108, supported by valid grounds such as abandonment or failure to provide support. While challenging, a successful petition can provide a sense of identity and security for the child, aligning their legal name with the family they know and are bonded to.

It is crucial to seek proper legal counsel to ensure that the petition is correctly filed and that all legal requirements are met. An experienced lawyer can help navigate the complexities of the process and represent the best interests of both the mother and the child in court.

By addressing the specific needs and concerns regarding parental absence, financial support, and abandonment, the Philippine legal system provides a pathway for concerned parents to make significant changes to their child’s surname when it is justified by the best interest of the child.