Affidavit of Maiden Name Use on a Child’s Birth Certificate
Philippine law and administrative practice – a comprehensive guide
Scope & Purpose – This article explains why, when, and how Filipino parents—usually mothers—execute an Affidavit of Maiden Name Use (AMNU) (sometimes called Affidavit of Mother’s Maiden Name or Affidavit of Discrepancy) to support a child’s civil-registry records. It consolidates the governing statutes, rules, and procedural details in one place for ease of reference. Nothing herein is legal advice; complex or contested cases should be handled by a Philippine lawyer or the local civil registrar (LCR).
1. Foundations of Philippine Name Law
| Source | Key Rule |
|---|---|
| Civil Code, Art. 370 | A married woman may: (a) use her maiden first name + husband’s surname; (b) her maiden first + maiden surname + husband’s surname; or (c) solely her maiden name. No law requires her to drop the maiden surname. |
| Civil Code, Art. 364 | A legitimate child normally carries the father’s surname; an illegitimate child carries the mother’s. |
| National Statistics Office (now PSA) Form 102 | The birth-certificate field for the mother explicitly calls for her maiden name, not her married surname. |
| Republic Act 9048 (2001) & R.A. 10172 (2012) | Allow administrative (non-court) correction of clerical errors—including wrong, incomplete, or inconsistent maiden name entries—by petition to the LCR, supported by affidavits and documentary proof. |
2. Why an AMNU Becomes Necessary
- Clerical slip at registration – The clerk or parent writes Maria Alonzo-Reyes instead of Maria Santos Alonzo (maiden).
- Mother later uses her married surname in IDs – Government or school authorities flag the mismatch.
- Inter-document consistency – Passport, PhilSys, GSIS/SSS, or immigration records demand the mother’s law-correct maiden name as it must appear in PSA copies.
- Subsequent legitimation or adoption – The child’s annotated birth record must still reflect the mother’s maiden name, not the updated married name.
Result: PSA and LCR often request an AMNU (or broader Affidavit of Discrepancy) before they will annotate or reissue the birth certificate.
3. Who Executes and When
| Scenario | Who signs the affidavit |
|---|---|
| Clerical error at birth | Mother (affiant) & optionally father as witness |
| Post-registration discovery | Mother (or legal guardian if mother deceased) |
| Petition under R.A. 9048/10172 | Petitioner (usually parent) plus two disinterested witnesses under oath |
The affiant must be of legal age, personally appear before a notary public (or Philippine consul abroad), and present government-issued ID that shows the correct maiden name.
4. Required Supporting Documents
- Child’s PSA birth certificate (original copy showing the error)
- Mother’s PSA birth certificate (to prove true maiden name)
- Parents’ PSA marriage certificate (if married)
- Two government IDs of the mother (or of witnesses) showing the maiden name
- Baptismal/medical/school records of the child (strengthen the petition)
- Barangay certification or Voter’s Certification, if rural areas lack IDs
Tip: Attach only certified true copies or PSA Security Paper (SECPA) prints. Never surrender originals; give photocopies and show originals for comparison.
5. Drafting the AMNU
A. Caption – “AFFIDAVIT OF MAIDEN NAME USE” B. Personal details – Complete name, nationality, civil status, age, residence. C. Narration of facts
- Birth of the child: full name, date, place, Local Civil Registry No.
- Statement that the affiant’s maiden name is ____ as evidenced by PSA birth certificate.
- Explanation: the child’s birth certificate erroneously reflects (state error) due to (state cause: inadvertence, clerical mistake, use of married surname, etc.).
- Affirmation that both names refer to one and the same person. D. Prayer – Request that authorities recognize the maiden name in all records and, when applicable, approve the petition for correction under R.A. 9048/10172. E. Signature & jurat – Signed in the notary’s presence, with government ID numbers indicated.
6. Where and How to File
| Step | Office | Notes |
|---|---|---|
| 1 | Notarization | Any Philippine notary or PH consul abroad. |
| 2 | Local Civil Registrar where the birth was recorded | Submit the AMNU + R.A. 9048/10172 petition (if formal correction sought) + supporting papers. |
| 3 | Posting / Publication | Not required for clerical errors under R.A. 9048. |
| 4 | Transmit to PSA-Office of the Civil Registrar General (OCRG) | LCR forwards file within 5 days for approval. |
| 5 | Decision & annotation | CRG signs authority to annotate; LCR prints new Certificate of Live Birth (COLB) with marginal note. |
| 6 | Claim PSA-SECPA copy | Wait for PSA Central to upload; average 2–3 months (can be longer in remote LGUs). |
7. Fees and Timeline
| Item | Typical amount (₱) |
|---|---|
| Notarial fee | 200 – 500 |
| R.A. 9048 filing fee | 1 000 (local) / 3 000 (consular petitions) |
| Additional documentary stamp | 30 each copy |
| PSA SECPA re-issuance | 155 per copy (online, express) |
Processing time: 2–5 working days at the LCR, plus ~2 months for PSA annotation. Follow up with tracking codes or e-mail to psa1crg@gmail.com.
8. Legal Effects of a Properly-Executed AMNU
- Rectifies the civil register – Produces a PSA-issued certificate that now shows the mother’s maiden name correctly.
- Binds government agencies – DFA, DepEd, PhilSys, COMELEC, SSS, GSIS must honor the corrected record.
- Does not change the child’s surname – The affidavit only corrects the parent’s name; the child’s surname remains as originally recorded (father’s or mother’s). If the child’s surname itself needs correction, a distinct Petition to Change Surname or RA 11222 DHSN procedure applies.
- Avoids future inconsistencies – Prevents refusal of benefits, inheritance claims, migration petitions, and passport delays.
9. Common Pitfalls
| Mistake | Consequence | Remedy |
|---|---|---|
| Using a self-prepared affidavit that is not notarized | Automatically rejected by LCR | Re-execute before notary |
| Filing in the wrong LCR | Delays; docket returned | Petition must be lodged where the civil registry event was recorded |
| Forgetting IDs of witnesses | R.A. 9048 petition marked incomplete | Return & supply IDs |
| Relying on baptismal alone | Insufficient proof | Add PSA birth & marriage certificates |
| Assuming LCR fee receipt is enough to change PSA copy | PSA will still show old entry until CRG approval | Wait for annotation notice, then request new SECPA |
10. Frequently-Asked Questions
May the father sign instead of the mother? – Only if the mother is incapacitated or deceased, and the father has personal knowledge and proof of the maiden name.
Is court action ever required? – Only when the error is substantial (e.g., changing a legitime-affecting surname, nationality, or status). Clerical maiden-name errors fall under R.A. 9048.
Can I speed up PSA annotation? – No official “express lane” exists; all petitions queue chronologically. Unofficial facilitation is discouraged.
What if I already got a passport with the wrong entry? – Execute the AMNU and correction first, then present the annotated COLB to DFA for passport renewal under the right data.
Does the affidavit expire? – Affidavits themselves do not lapse, but some agencies want a copy issued within the past 6 months. Keep a digital file for easy re-printing.
11. Practical Tips
- Photocopy everything 3×: one for the LCR, one for PSA, one for your records.
- Staple receipts to petition for easy tracking.
- If abroad, execute the AMNU at the nearest PH consulate to avoid apostille hassles.
- Always refer to the PSA as Philippine Statistics Authority (not “NSO”), especially in forms printed after 2013.
- Keep consistency across IDs: driving licence, UMID, PhilID, Voter’s ID—use the maiden surname once it is officially corrected.
12. Conclusion
The Affidavit of Maiden Name Use is a straightforward yet indispensable tool to align a child’s birth record with the legal requirement that a mother be identified by her maiden surname. By grounding the affidavit in the Civil Code and R.A. 9048 framework, submitting it through the proper civil-registry channels, and supporting it with primary PSA documents, Filipino parents can safeguard their child’s future transactions—schools, passports, inheritance, and beyond—against avoidable “name mismatch” headaches.
Prepared June 21 2025 – reflects rules and fees in force as of this date.