Changing Children's Names
Legal Basis for Name Change
In the Philippines, the process of changing a person's name, including a minor's, is generally governed by Rule 103 of the Rules of Court. It's a judicial process that requires filing a petition in court.
Legitimate vs Illegitimate Children: Name Conventions
The Family Code specifies that legitimate children shall principally use the surname of the father. The code also lays down rules for the middle name, which is usually the mother’s maiden surname. In contrast, illegitimate children under Filipino law generally bear the mother's surname as their last name and do not typically carry a middle name.
Process for Name Change
The petitioner must file a verified petition in the Regional Trial Court of the province where the person whose name will be changed resides. The petition needs to set forth facts necessary to establish the following:
- The petitioner's bona fide residence.
- The jurisdictional requirements have been satisfied.
- There is reasonable and compelling reason for the name change.
- The change will not prejudice the government or any individual.
Upon approval, the decision becomes executory only after it has been published once a week for three consecutive weeks in a newspaper of general circulation.
Reasons for Changing the Middle Name
The court will generally require a reasonable and compelling reason for the name change. This may include (but is not limited to) avoiding confusion, simplifying an overly complex name, or aligning the name with parental rights or filiation. The petitioner must be prepared to substantiate the reason with evidence, which may include affidavits, documentary evidence, or even testimonial evidence.
Legal Considerations
Changing a child's name has implications not just for identification but may also affect inheritance, parental authority, and social stigma. Therefore, it’s crucial to consult a legal expert when considering this course of action.
Conclusion
Changing a minor's name in the Philippines is a judicial process that requires adherence to specific legal procedures and considerations. Understanding the difference in naming conventions between legitimate and illegitimate children can guide parents in what to expect and prepare for when contemplating a name change for their child.