Dear Attorney,

I hope this letter finds you well. I am seeking your guidance on a family matter concerning the surname of my child. I have a 3-year-old child from a previous relationship where we were not married. The father signed the child’s birth certificate, and as a result, my child carries his surname.

I am now married, and my husband wishes for my child to carry his surname. Could you please explain the process, the legal requirements, and the estimated costs for achieving this? My goal is to ensure that this change complies with the law and is in the best interest of my child.

Thank you for your assistance.

Sincerely,
A Concerned Parent

Legal Guide: Changing a Child’s Surname in the Philippines

Under Philippine law, changing a child’s surname is not a simple matter, as it implicates both the child’s legal identity and the rights of the biological parents. Let’s address the key legal principles, processes, and associated costs for such a situation.

I. Legal Framework for Changing a Child’s Surname

1. Philippine Laws on a Child’s Surname

The primary laws governing the child’s surname in this case are:

Family Code of the Philippines (Executive Order No. 209):
- Article 174: Legitimate and illegitimate children generally follow the surname of their father, unless the father does not acknowledge the child.
- Article 176: Illegitimate children use the surname of the mother unless recognized by the father.
Republic Act No. 9255 (An Act Allowing Illegitimate Children to Use the Surname of Their Father):
- Allows an illegitimate child to use the surname of the father if the father acknowledges the child, such as by signing the birth certificate.
Rule on the Change of Name (A.M. No. 02-6-02-SC):
- Governs petitions for the change of name, including surnames, through judicial proceedings.

2. Implications of Recognition by the Biological Father

Since the biological father signed the birth certificate, the child is legally recognized as his and bears his surname. This acknowledgment gives the father certain rights, including:

The right to consent to significant changes involving the child, such as a change of surname.
Parental rights and responsibilities unless otherwise judicially terminated.

3. Adoption as a Solution

The most straightforward and legally recognized method for your husband to transfer his surname to your child is through adoption. Adoption permanently severs the legal relationship between the child and the biological father and establishes a new relationship with your husband as the adoptive father.

II. Steps to Change the Child’s Surname

1. Adoption Process

Adoption is governed by Republic Act No. 8552 (Domestic Adoption Act of 1998). Below are the steps:

Filing a Petition for Adoption:
- A petition for adoption must be filed with the Regional Trial Court (Family Court). This is typically done by your husband, as he seeks to adopt the child.
Consent Requirements:
- The biological father must consent to the adoption. If the father refuses, you may need to demonstrate before the court that the adoption is in the child’s best interest (e.g., abandonment, failure to provide support).
Home Study Report:
- The Department of Social Welfare and Development (DSWD) conducts a home study to assess the suitability of your husband as the adoptive parent.
Court Proceedings:
- After reviewing the petition, evidence, and DSWD reports, the court will decide whether to grant the adoption.
Issuance of a New Birth Certificate:
- Upon approval, a new birth certificate is issued, showing your husband as the father and replacing the biological father’s surname with your husband’s surname.

2. Alternative: Administrative Change of Surname

If adoption is not feasible, you may consider an administrative change of the child’s surname under R.A. No. 9255, provided you can obtain the biological father’s consent. This process is simpler but applies only to minor name changes and does not sever the legal ties between the child and the biological father.

3. Judicial Process for Change of Name

If the biological father’s consent cannot be obtained and there are compelling reasons (e.g., abandonment, lack of support), you may file a petition for the judicial change of the child’s surname.

III. Factors the Court Will Consider

When deciding on adoption or a judicial petition to change a surname, the court evaluates:

Best Interest of the Child:
- The child’s welfare and stability are the primary considerations.
Relationship with Biological Father:
- Evidence of the father’s involvement or neglect will weigh heavily.
Psychological and Emotional Impact:
- Any potential impact on the child’s identity and development.

IV. Estimated Costs

The costs for these processes depend on several factors:

Legal Fees:
- Attorney fees for adoption or a judicial petition range from ₱50,000 to ₱150,000 or more, depending on the complexity of the case and the lawyer’s expertise.
Court Fees:
- Filing fees for petitions typically range from ₱5,000 to ₱10,000.
DSWD Fees:
- Minimal administrative fees may apply for the home study and other related procedures.
Publication Costs:
- If judicial notice is required, expect costs of ₱10,000 to ₱15,000 for newspaper publication.
Other Expenses:
- Miscellaneous costs such as transportation, notarization, and document retrieval.

V. Recommendations

To proceed, consider the following steps:

Discuss with the Biological Father:
- Obtain his written consent for either adoption or a name change. This will simplify the process significantly.
Consult a Family Lawyer:
- Seek legal counsel to evaluate your options and navigate the procedural requirements.
Prepare Necessary Documents:
- Compile essential documents, including the child’s birth certificate, marriage certificate, and any proof of the biological father’s lack of support or abandonment.

Conclusion

Changing a child’s surname to reflect the surname of a stepfather is a significant legal matter in the Philippines. While the process can be complex, particularly when the biological father’s consent is not easily obtained, it is achievable through legal adoption or judicial intervention. Each step must prioritize the child’s best interests while adhering to Philippine law.