Changing Your Surname to Your Mother's Surname

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Dear Attorney,
I hope this message finds you well. I would like to ask for your assistance regarding the process of changing my surname to my mother's surname. Could you kindly guide me on what requirements are needed for this procedure? Thank you.

Sincerely,
An Individual Seeking Guidance on Surname Change

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Insights:

In the Philippines, the process of changing a surname is governed by various legal provisions under the Family Code and specific laws that address changes in civil status records. The general rule is that a person should use the surname assigned at birth, either from the father or mother, unless there are valid reasons for a change.

Under Rule 108 of the Rules of Court, a petition for the change of name or correction of entries in civil registry records can be filed before the Regional Trial Court (RTC) in your locality. Below are the key requirements and steps you should follow:

1. Filing a Petition for Change of Name
   The first step in changing your surname is filing a verified petition in the RTC. This petition must include your personal information, the details of the current entry (your present surname), and the reason for wanting to change your surname. In your case, this would involve citing that you want to adopt your mother's surname.

2. Grounds for Changing Surname
   You must state the legal grounds for changing your surname. Valid reasons include:

   • A substantial error in the civil registry (e.g., clerical or spelling mistakes).
   • Social, moral, or legal reasons, such as avoiding confusion or promoting the best interest of the person concerned.
   • The desire to align with family identification, as you want to use your mother's surname.

3. Publication Requirement
   As part of the process, the court requires the petition to be published in a newspaper of general circulation. This publication typically happens once a week for three consecutive weeks to give the public a chance to oppose the petition if necessary.

4. Court Hearing and Evidence
   After publication, a court hearing will be scheduled. You will need to present evidence supporting your petition, such as your birth certificate, your mother’s civil status records, and any other document that proves your claim or justifies the request for a surname change. Witnesses may also be called to testify to the facts.

5. Decision and Implementation
   Once the court grants your petition, the court’s decision will be forwarded to the Local Civil Registrar where your birth certificate is registered. The change in surname will be reflected in your civil records, and the updated documents can then be secured.

6. Requirements
   The basic requirements generally include the following:

   • Verified petition for change of surname.
   • Copy of your birth certificate.
   • Affidavit explaining the reasons for the surname change.
   • Certificate of No Pending Case (to show that you do not have any criminal cases).
   • Copy of your mother's documents proving her identity and surname.
   • Proof of publication in a newspaper of general circulation.

The process can be complex, so it is advisable to work closely with a legal professional who can assist in preparing the petition and ensuring compliance with court requirements. Each case is unique, and the court’s approval will depend on the validity of your reasons and the evidence presented.