Dear Attorney,

I am writing to seek legal advice about the possibility of changing the name of a child so that they may carry the surname of the mother’s husband, who is not the biological father. The biological father is not involved in the child’s life, and the mother and her husband want to formalize the child's name to reflect their family unit. What are the legal steps, requirements, and considerations for achieving this? Additionally, are there implications on the child’s birth certificate, custody, and other legal aspects?

Sincerely,
A Concerned Parent

Legal Framework for Changing a Child’s Name to the Mother’s Husband’s Surname in the Philippines

Changing a child’s name in the Philippines, particularly to reflect the surname of a stepparent or the mother’s husband, involves a complex interplay of legal principles. The laws and processes governing such changes aim to balance the rights of the biological father, the best interest of the child, and the family’s circumstances.

Key Legal Principles

Article 174 of the Family Code
Under Philippine law, a legitimate child follows the surname of the father. An illegitimate child generally uses the mother’s surname unless the father recognizes the child and allows the use of his surname. This principle underscores the biological father’s role in determining the child’s name.
The Best Interest of the Child Doctrine
Courts will prioritize the welfare of the child in cases involving changes to a child’s name. Any legal action to alter the child’s name must establish that it is in the child’s best interest.
Rule 108 of the Rules of Court
This rule provides the procedure for the correction or change of entries in the civil registry, such as the child’s name. This is the primary procedural mechanism for legally altering a child’s surname.
Republic Act No. 9255
Also known as "An Act Allowing Illegitimate Children to Use the Surname of their Father," RA 9255 sets out the procedures for an illegitimate child to use their biological father’s surname. It indirectly affects scenarios where the mother’s husband is not the biological father.

Process for Changing the Child’s Name

Changing a child’s surname to the surname of the mother’s husband is not straightforward because the husband is not the biological father. The following steps typically apply:

Adoption Proceedings
Adoption is the most common method to achieve a name change in these circumstances. Adoption legally establishes a parental relationship between the child and the mother’s husband. Once adoption is finalized, the child can use the adoptive father’s surname.

a. Requirements for Adoption
- The adopting parent must meet eligibility criteria under the Domestic Adoption Act (Republic Act No. 8552) or, if applicable, the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642).
- Consent from the biological parent (if applicable) or a waiver of parental rights may be required unless the biological father has abandoned the child or is deemed unfit.
b. Effects of Adoption
- The child will be issued a new birth certificate reflecting the adoptive father’s surname.
- The adoptive father assumes full parental rights and obligations toward the child.
Judicial Petition for Change of Name
If adoption is not feasible, the mother may file a petition for a change of name under Rule 103 of the Rules of Court. However, the court may be hesitant to grant such a petition if the mother’s husband has no legal relationship with the child.

a. Grounds for Change of Name
A petitioner must demonstrate compelling reasons, such as:
- The child’s best interests.
- Avoidance of social stigma or confusion.
- Alignment with the child’s actual familial situation.
b. Procedure
- File a verified petition in the Regional Trial Court (RTC) where the child resides.
- Notify the public through publication in a newspaper of general circulation.
- Present evidence and witnesses to support the petition during a court hearing.
c. Legal Challenges
The biological father (if identified) has the right to contest the petition. The court will weigh the biological father’s objections against the child’s best interests.
Recognition and Waiver of Rights by the Biological Father
If the biological father voluntarily waives his rights and consents to the name change, the process may become less contentious. However, courts will still scrutinize such waivers to ensure they are freely and voluntarily given.

Practical Considerations

Parental Authority
Adoption results in the termination of the biological father’s parental authority and the transfer of this authority to the adoptive father. A simple name change, however, does not alter parental rights and obligations.
Implications on Inheritance
Adoption grants the child the right to inherit from the adoptive father. A mere name change without adoption does not confer such rights.
Impact on the Child’s Identity
Courts and parents must consider the psychological and social effects of a name change on the child. Evidence of the child’s well-being is critical in court proceedings.
Documentation Updates
Once a name change or adoption is finalized, the child’s records, including their birth certificate, passport, and school records, must be updated to reflect the new name.

Relevant Case Law

Barillo v. Alviz
This case underscores that changes to a child’s name must be supported by clear and compelling reasons.
Republic v. Capote
The Supreme Court emphasized the need for strict compliance with procedural requirements for changes to entries in the civil registry.
Santos v. Court of Appeals
The Court reiterated that the best interests of the child should guide decisions affecting the child’s name.

Conclusion

The process of changing a child’s surname to the mother’s husband’s name involves significant legal and procedural hurdles. Adoption is the most straightforward and legally robust method to achieve this goal, as it formalizes the relationship between the child and the mother’s husband. However, judicial petitions for a name change under Rule 103 or Rule 108 may be pursued in exceptional circumstances. Consulting with a lawyer is crucial to navigate these processes effectively and ensure compliance with legal requirements.