Letter to a Lawyer

Dear Attorney,

Good day! I hope this letter finds you well. I am reaching out to seek your legal advice regarding my child’s surname. My child is currently 8 months old, and when we registered the child’s birth, I used my surname as the mother. The father’s name was not indicated in the birth certificate, and the child is listed as "unknown" under the father’s information.

Recently, the father and I have reconciled and agreed to have our child carry his surname. We are unsure about the proper legal process to achieve this and what requirements need to be fulfilled. Could you kindly provide guidance on the steps, documents, and possible legal implications involved in this process?

Your assistance would be greatly appreciated.

Sincerely,
A Concerned Mother

Comprehensive Legal Article: Changing a Child's Surname in the Philippines

Introduction

In the Philippines, altering a child's surname after birth registration is a legally significant process governed by the Civil Code, Family Code, and other relevant laws. Changes to a child’s surname are not automatically allowed and require adherence to specific legal procedures. For parents in situations similar to the one described, understanding the applicable laws is crucial to ensure compliance with Philippine legal standards.

This article provides an in-depth analysis of how to change a child's surname, focusing on cases where the child was registered under the mother’s surname and the father’s name was not indicated in the birth certificate.

Key Legal Framework

Philippine Family Code
The Family Code outlines the rights and obligations of parents and children, including the recognition and use of surnames. The Family Code emphasizes the importance of legitimacy, filiation, and parental consent in decisions affecting children.
Republic Act No. 9255 (R.A. 9255)
Known as the "Act Allowing Illegitimate Children to Use the Surname of Their Father," R.A. 9255 provides the legal basis for an illegitimate child to use the father's surname, provided the father acknowledges the child.
Civil Registry Laws
Administrative processes related to birth certificates and name changes are governed by regulations set by the Philippine Statistics Authority (PSA) and the Local Civil Registrar (LCR).

Changing the Child’s Surname

Legal Status of the Child

In this scenario, the child is considered illegitimate because the parents were not married at the time of birth. Consequently, the child follows the general rule for illegitimate children: the use of the mother’s surname unless otherwise acknowledged by the father.

Steps for Changing the Surname

Acknowledge Paternity
- The father must first formally acknowledge the child. This can be done through any of the following:
  - Executing an Affidavit of Acknowledgment/Admission of Paternity.
  - Filing a Joint Affidavit of Legitimation (if the parents later marry and meet the conditions for legitimation).
Requirements for the Affidavit of Acknowledgment:
- A sworn affidavit executed by the father indicating his recognition of the child as his own.
- Supporting documents such as the father’s government-issued IDs and proof of paternity, if required.
File a Supplemental Report
- Once paternity is acknowledged, the next step is to file a Supplemental Report with the Local Civil Registrar where the child’s birth was registered. This report requests the inclusion of the father’s details in the birth certificate.
Documents Required:
- Original birth certificate of the child.
- Affidavit of Acknowledgment/Admission of Paternity.
- Valid IDs of both parents.
- A notarized letter or sworn statement requesting the change.
Amend the Child’s Surname
- After the father’s name is added to the birth certificate, an application to use the father’s surname can be filed under R.A. 9255.
Steps for Application:
- Execute a Public Document, such as an Affidavit to Use the Surname of the Father (AUSF).
- Submit the AUSF to the Local Civil Registrar.
Documents Required:
- Certified true copy of the child’s updated birth certificate.
- Affidavit to Use the Surname of the Father (AUSF).
- Valid IDs of the parents.
- Marriage certificate of the parents (if they subsequently marry).
Processing by the PSA
- Once approved by the Local Civil Registrar, the PSA will update its records to reflect the changes. Parents may request an updated copy of the birth certificate.

Key Considerations

1. Rights of the Child

Changing a child’s surname can have implications for inheritance, legitimacy, and personal identity. Parents must act in the child’s best interests.

2. Legitimation by Subsequent Marriage

If the parents marry after the child’s birth, the child may be legitimated under the Family Code. Legitimation requires:

Proof of the subsequent marriage.
Filing a Joint Affidavit of Legitimation with the Local Civil Registrar.

Legitimation grants the child the rights and status of a legitimate child, including the automatic use of the father’s surname.

3. Legal Challenges

The process may face legal hurdles if there are disputes regarding paternity, custody, or parental rights. Courts may intervene to resolve these issues, especially if the change of surname is contested.

4. Time Frame and Costs

Processing times vary depending on the Local Civil Registrar and PSA. Parents should budget for notarial fees, processing fees, and other associated costs.

5. Judicial Processes

In cases where there is no voluntary acknowledgment of paternity, a judicial order may be required to establish filiation. This involves filing a petition for recognition of paternity and seeking a court’s approval for the surname change.

Conclusion

Changing a child’s surname in the Philippines involves navigating both administrative and legal procedures. Parents must comply with the requirements set forth by R.A. 9255, the Family Code, and the Civil Registry laws. Consulting with a lawyer is advisable to ensure proper documentation and avoid delays.

This process reflects the delicate balance between parental rights and the welfare of the child. By understanding the steps and potential challenges, parents can make informed decisions that align with Philippine laws.