Changing Surname from Mother's to Father's: Legal Considerations in the Philippines

Dear Attorney,

I am currently using my mother's surname, but I would like to change it to my father's surname. I am 33 years old and would like to understand the requirements and costs associated with this change. Could you please provide guidance on how to proceed?

Insights

Changing your surname from your mother's to your father's is a legal process that requires careful consideration and adherence to specific procedures. Here’s a detailed explanation of the steps involved:

1. Legal Grounds for Change of Surname:
   In the Philippines, changing one's surname is generally governed by Republic Act No. 9048, as amended by Republic Act No. 10172. This law allows for the correction of clerical or typographical errors in civil registry documents, including the change of first name or nickname, without the need for a judicial order. However, the change of surname is more complex and usually requires a court order, unless you fall under specific exceptions.

2. Requirements for Changing Surname:

   • Birth Certificate: The most crucial document is your birth certificate. You need to present the original and several certified true copies from the Philippine Statistics Authority (PSA).
   • Affidavit of Acknowledgment or Admission of Paternity: If your father acknowledged paternity either at the time of your birth or afterward, this acknowledgment should be reflected in the birth certificate. If not, an affidavit of acknowledgment may be necessary.
   • Affidavit of Use of Father’s Surname (AUSF): This document is required if your father’s name was not initially indicated on your birth certificate. The AUSF must be filed with the Local Civil Registrar where your birth was registered.
   • Court Petition: If the change is not covered by administrative procedures, you may need to file a petition for a change of surname in the Regional Trial Court. This process involves a more extended legal procedure, including the publication of your petition in a newspaper of general circulation.

3. Court Proceedings:
   Should the change require a judicial process, the following steps are typically involved:

   • Filing of Petition: You will need to prepare and file a petition in the Regional Trial Court, stating the reasons for the change.
   • Publication: The petition must be published in a newspaper of general circulation once a week for three consecutive weeks.
   • Court Hearing: The court will schedule a hearing where evidence will be presented to justify the change.
   • Issuance of Court Order: If the court is satisfied with the evidence, it will issue an order approving the change of surname.

4. Costs:
   The cost of changing your surname can vary depending on whether the process is administrative or judicial. Administrative costs are generally lower and include fees for notarization, processing, and documentation. Judicial costs are higher due to legal fees, court fees, and the cost of publication. Legal fees alone can range significantly depending on the complexity of the case and the lawyer’s rates.

5. Additional Considerations:

   • Impact on Legal Documents: Changing your surname will affect all your legal documents, including your identification cards, passports, diplomas, and employment records. You will need to update these documents to reflect your new surname.
   • Time Frame: The process can be time-consuming, especially if it involves court proceedings. Administrative changes may take a few months, while judicial changes could take longer.

In summary, changing your surname from your mother’s to your father’s involves a multi-step legal process that may require either administrative or judicial intervention, depending on your specific circumstances. It’s advisable to consult with a lawyer who specializes in family law to guide you through the process and ensure that all legal requirements are met efficiently.