Dear Attorney,
I would like to ask how I can change my surname to my father's surname. My father is acknowledged in my birth certificate, but I’ve been using my mother’s surname. What are the requirements and process for doing this? Thank you for your guidance.
—Surname Inquiry
Insights
In the Philippines, changing one’s surname to the biological father's surname when the father has acknowledged paternity in the birth certificate is a common legal concern. The process generally involves administrative and judicial procedures, depending on the situation. Here’s a breakdown of the key legal concepts and processes involved:
1. Legitimacy and Acknowledgement of Paternity
When the father is acknowledged in the birth certificate, the child can generally use the father's surname. Under the Family Code of the Philippines, an illegitimate child can use the surname of the father if there is proof of acknowledgment, such as the father signing the birth certificate. In this case, changing the surname becomes an administrative matter.
2. Administrative Correction: RA 9048
Republic Act No. 9048 allows the local civil registrar to correct clerical or typographical errors in civil registry documents without the need for a judicial order. This law has been amended to allow the change of a surname for children whose fathers have acknowledged them at birth. The civil registrar may process this change as long as the acknowledgment of paternity is present in the birth certificate.
3. Judicial Proceedings
If there are complications, such as disputes regarding the acknowledgment of paternity or if the surname change isn't straightforward, judicial proceedings may be required. This would involve filing a petition with the Family Court for the correction or change of name under Rule 108 of the Rules of Court. This typically happens when there are questions surrounding the legitimacy or acknowledgment of the child.
4. Requirements
The requirements may include:
- Authenticated birth certificate showing the acknowledgment of paternity.
- Affidavit of Acknowledgment or any other proof of paternity.
- Filing a petition with the Local Civil Registrar, or in some cases, the court.
Each case is unique, so it’s crucial to gather all relevant documents to support the claim.
5. Time Frame and Costs
Administrative changes under RA 9048 are relatively quicker, often taking a few months depending on the workload of the Local Civil Registrar. Judicial proceedings, on the other hand, can take longer, often several months to a year or more, depending on the complexity of the case.
6. Legal Assistance
Given the varying circumstances surrounding surname changes, consulting with a lawyer is advisable to ensure compliance with all legal requirements and to avoid unnecessary delays. Legal representation may also be necessary if judicial proceedings are required.
This process is crucial for correcting any identity inconsistencies and ensuring that the legal name reflects the correct parental acknowledgment.