1. The Core Question in Simple Terms

Suppose:

You were registered at birth with your mother’s surname (common for an illegitimate child),
Later, you are recognized by your father and want to use his surname,
Then you plan to marry and use your husband’s surname.

The big question:

Are you allowed, under Philippine law, to first change your maiden surname from your mother’s to your father’s, and then later adopt your husband’s surname?

Short answer: Yes, you can, provided that your change from your mother’s surname to your father’s surname is done validly under the law (usually through RA 9255 or a judicial petition). Once that change is legally effective, that becomes your “maiden surname” for purposes of marriage, and you may then choose to adopt your husband’s surname in the usual way.

But there are many nuances, especially regarding illegitimacy, recognition, and documents, so let’s go step by step.

2. Legal Framework on Names in the Philippines

2.1. Where do the rules come from?

The main sources of Philippine law on names and surnames are:

Civil Code of the Philippines (especially provisions on names and married women’s surnames)
Family Code of the Philippines (especially provisions on legitimate/illegitimate children)
RA 9048 and RA 10172 (administrative correction of certain entries in the civil registry)
RA 9255 (use of father’s surname by an illegitimate child)
Rule 103, Rules of Court (judicial change of name)
Supreme Court decisions interpreting all of the above

Together, they answer two big issues:

What is your legal surname at any given time?
How can that surname change?

3. “Maiden Name” and “Married Name” in Philippine Law

3.1. What is a “maiden surname”?

In everyday language, maiden surname is the surname a woman uses before marriage.

Legally, it is basically:

The surname appearing in her birth certificate, as validly amended over time (by legitimation, recognition, RA 9255, or a court-approved change of name), immediately before she gets married.

So if you:

Were born “Ana Santos” (mother’s surname)
Later validly changed to “Ana Reyes” (father’s surname)

Then “Reyes” is your maiden surname when you marry.

3.2. How can a married woman use her husband’s surname?

Under Article 370 of the Civil Code, a married woman may use any of the following:

Her maiden first name and surname and add her husband’s surname
- e.g., Ana Santos Reyes (if maiden surname is Santos and husband is Reyes)
Her maiden first name and her husband’s surname
- e.g., Ana Reyes
Her husband’s full name, but prefixing a word indicating that she is his wife
- e.g., Mrs. Juan Reyes

Important points:

This is a right, not a duty. No law forces a woman to drop her maiden surname and use her husband’s.
Your “maiden surname” is whatever your lawful surname is on the day before the wedding.

So if you change your surname from mother’s to father’s before marriage, that changed surname becomes your maiden surname for all purposes of marriage and later name usage.

4. Why You Might Want to Change From Mother’s to Father’s Surname

This issue usually arises when:

You were registered as illegitimate, using your mother’s surname;
Later, your father acknowledges you and you want to:
- Align your surname with your father and his family;
- Avoid confusion with half-siblings or other relatives;
- Avoid stigma;
- Have your records “match” before you marry.

The law gives tools to do this—but not automatically and not in all situations.

5. Using the Father’s Surname: RA 9255

5.1. Basic rule for illegitimate children

Originally, under the Family Code:

Illegitimate children were required to use the mother’s surname.

Then RA 9255 amended Article 176 of the Family Code to say, in substance:

Illegitimate children shall use the mother’s surname, but they may use the surname of their father if their filiation has been expressly recognized by the father, through

the record of birth in the civil register, or

an admission of paternity in a public document or private handwritten instrument.

So RA 9255:

Does not make the child legitimate;
But it allows the child (if properly recognized) to use the father’s surname.

This is the main statutory basis for changing an illegitimate child’s surname from mother’s to father’s without going to court, as long as the legal requirements are met.

5.2. Typical requirements (conceptually)

While the exact forms and steps are procedural, in principle RA 9255 generally requires:

Proof of filiation / recognition by the father, e.g.:
- Father’s name appearing in the child’s birth certificate (because he signed or acknowledged); or
- Separate public document (e.g., notarized acknowledgment) or a private handwritten instrument where the father admits paternity.
Affidavit to Use the Surname of the Father (AUSF), usually executed by:
- The father, if he is alive and willing;
- Or the mother/guardian in some configurations, especially when filiation already appears in the birth record;
- The child must give consent if he/she is at least seven (7) years old but below 18.
- If already 18 or older, the child typically executes the AUSF personally.
Filing with the Local Civil Registrar (LCR) where the birth is registered (or through the appropriate channels if born abroad).

Once the LCR approves and forwards the documents, the PSA birth certificate is annotated, and the child’s surname becomes the father’s surname.

5.3. Effect of RA 9255 on your “maiden surname”

Once the RA 9255 process is properly completed:

Your legal surname becomes your father’s surname.
All future legal acts should, in principle, use that surname.
That surname is now considered your “maiden surname” when you marry later.

So, yes, if you validly change your surname to your father’s under RA 9255 before marriage, that will be the maiden surname from which you then adopt your husband’s surname.

6. What if RA 9255 Does NOT Apply?

There are situations where RA 9255 might not be available or practical, for example:

The father never formally recognized you in any acceptable document;
The recognition documents are defective or contested;
There is some complicated factual issue (e.g., mis-declared father).

In such cases, the usual route is a judicial change of name under Rule 103 of the Rules of Court.

6.1. Judicial change of surname (Rule 103)

A petition for change of name under Rule 103 is filed with the proper Regional Trial Court. To succeed, you must show a “proper and reasonable cause” for changing your name/surname, such as:

You have been known for a long time by your father’s surname;
You are acknowledged and supported by your father;
Your use of the mother’s surname causes confusion, difficulty, or prejudice;
You want your surname to reflect your actual family relations.

If the court grants your petition:

It issues a decision authorizing the change.
After finality and registration of the decision with the civil registrar and PSA, your birth certificate is amended, and your new legal surname is the one authorized by the court (e.g., your father’s).

Again, once this change is effective before marriage, that surname becomes your maiden surname for purposes of adopting your husband’s surname later.

7. Is It Necessary to Change to Father’s Surname Before Using Husband’s?

Now let’s tackle the nuance in your exact question.

Legally:

You do not need to change from your mother’s to your father’s surname in order to adopt your husband’s surname upon marriage.
You can go straight from “mother’s surname” to “husband’s surname,” because Article 370 simply looks at whatever your legal surname is at the time of marriage and allows you to combine it or replace it with your husband’s surname.

So there are two paths:

Path A – Direct to husband’s surname
- Born as: Ana Santos (mother’s surname)
- Marry Juan Reyes
- After marriage, use: Ana Santos-Reyes or Ana Reyes or Mrs. Juan Reyes
- You never changed to your father’s surname.
Path B – Mother → Father → Husband
- Born as: Ana Santos
- Later validly change to: Ana Dela Cruz (father’s surname) via RA 9255 or Rule 103
- This is now your legal surname before marriage.
- Marry Juan Reyes
- You may then use:
  - Ana Dela Cruz-Reyes
  - Ana Reyes
  - Mrs. Juan Reyes

So the law does not forbid the sequence “mother → father → husband.” It just requires that any intermediate change (mother → father) be done through the proper legal process.

8. Timing: Before vs After Marriage

8.1. Changing to father’s surname before marriage

If you succeed in changing to your father’s surname before getting married:

Your PSA birth certificate should show your father’s surname (or carry an annotation to that effect).
When applying for a marriage license, your documents already reflect your father’s surname.
When the marriage contract is prepared, your name will usually appear in your current legal surname (father’s surname).
Any adoption of your husband’s surname (for IDs, passports, etc.) is now built on your father’s surname as your maiden name.

This is usually cleaner and less confusing for records.

8.2. Changing to father’s surname after marriage

More complicated, but still possible in principle:

At the time of marriage, your surname is your mother’s surname. Time passes.
You later pursue RA 9255 or a judicial change and switch to your father’s surname.
Now the question becomes: How does that interact with your already adopted husband’s surname?

Key points:

Your civil status as married does not disappear.
However, from a civil registry standpoint, your “maiden surname” in the marriage contract remains the one used at the time of the wedding. That historical fact doesn’t get erased.
For everyday usage (e.g., IDs, passports), the agencies often look at your updated PSA records (birth and marriage) and may require annotations or supporting documents to show the sequence of changes.

It’s not impossible, but bureaucratically it can be messy, which is why changing first (before marriage) is often easier if you really want to carry your father’s surname as your maiden name in all future records.

9. Documentary & Practical Considerations

Regardless of path, changing your surname (whether to your father’s or your husband’s) is not just a legal question—it’s a paperwork marathon. Expect to deal with:

PSA-issued documents
- Birth certificate: should reflect the current legal surname (or carry an annotation showing the change).
- Marriage certificate: will show your surname at the time of marriage and, depending on forms used, your chosen married surname.
Government IDs & Records
- Passport
- PhilHealth, SSS, GSIS, Pag-IBIG
- PRC, LTO, voter’s ID or voter’s registration
- TIN / BIR records
Education & Employment
- School records, diplomas, TOR
- Employment records and HR files
- Bank accounts, insurance policies, titles, etc.

If you change from your mother’s to your father’s surname before marriage, many of these updates can be done once, then your later change to your husband’s surname will be a standard married-name adjustment.

If you change after marriage, you may have to explain more clearly the sequence of names to each agency, and you may end up dealing with two layers of change (mother → husband, then father → husband, or similar).

10. Does Using the Father’s Surname Change Legitimacy or Inheritance?

Important clarification:

Under RA 9255, using your father’s surname does not make you legitimate.
It also does not automatically change your share in inheritance. Succession rules still depend on whether you are legitimate, illegitimate, or legitimated, not on your surname alone.
The law is explicit that the mere use of the father’s surname does not confer the rights of a legitimate child, unless there is a separate legal basis (e.g., subsequent marriage of your parents creating legitimation under certain conditions).

So changing your surname from mother’s to father’s is primarily a matter of identity and affiliation, not a magic switch for status and inheritance.

11. Typical Scenarios Summarized

Let’s map it to some common real-life situations.

Scenario 1: Illegitimate, recognized by father, planning to marry soon

You were registered under your mother’s surname.
Your father is on your birth certificate or has a recognized acknowledgment document.
You want your PSA birth certificate to show your father’s surname before you marry.

Legally possible? Yes, via RA 9255 (AUSF + filiation evidence) or judicial petition if needed.

Sequence:

Process RA 9255 / court petition before marriage.
Wait until PSA issues your annotated birth certificate with father’s surname.
Use that name when you apply for a marriage license and on the marriage certificate.
After marriage, adopt your husband’s surname in the usual ways.

Scenario 2: You don’t care to use father’s surname, just want husband’s

You are fine with never using your father’s surname.
You just want to use your husband’s surname after marriage.

Legally possible? Yes, absolutely. You can skip changing to your father’s surname altogether. You remain with your mother’s surname as your maiden surname, and upon marriage, you may adopt your husband’s surname.

Scenario 3: You are already married and only now want to switch to father’s surname

This becomes trickier in practice:

Legally, you may still pursue RA 9255 (if applicable) or a judicial change of surname.
But your records will need to show how your name changed after marriage, which may confuse some agencies.
You might need to coordinate carefully with the civil registrar and relevant offices for consistency across documents.

12. Key Takeaways

Yes, you can legally change your surname from your mother’s to your father’s before marriage, and then later adopt your husband’s surname, as long as:
- The change to your father’s surname is done through a valid legal process (RA 9255 or a court-approved change of name); and
- That change is properly registered and annotated in your civil registry records.
This intermediate step (mother → father) is optional, not required.
- You can go directly from mother’s surname to husband’s surname once you marry.
Once the change to your father’s surname is effective, that surname becomes your “maiden surname” for purposes of marriage and future documents.
Changing surname after marriage is possible but usually more complicated in practice.
Using your father’s surname (especially under RA 9255) does not make you legitimate or automatically change inheritance rights. It mainly affects your legal identity and civil records.
Because of the number of documents involved (PSA records, IDs, school records, etc.), it’s wise to:
- Carefully plan the timing of the change; and
- Keep certified copies of all relevant documents (birth certificates before and after annotation, AUSF or court orders, etc.) for future reference.

13. Final Practical Note

While the legal framework is reasonably clear, implementation can differ slightly from one Local Civil Registrar or government office to another in terms of requirements and checklists. For a real-life case (especially if there are complications like missing father, conflicting documents, or prior errors in the birth certificate), it’s usually best to:

Bring copies of your PSA birth certificate and any recognition documents from your father, and
Consult directly with:
- Your Local Civil Registrar, and/or
- A Philippine lawyer specializing in family law and civil registry issues,

so you can plot out the most efficient and least confusing sequence of steps.

But as a matter of Philippine law and general principle, there is nothing that prohibits you from:

Changing your maiden surname from your mother’s to your father’s, and then later using your husband’s surname upon marriage, for as long as each step is done through legally recognized procedures and properly recorded in the civil registry.