Changing a Child’s Surname to that of the Biological Father in the Philippines (Comprehensive legal guide as of 11 July 2025)
1. Why surname matters
A Filipino child’s surname affects identity documents, school records, inheritance, travel, and even the perception of family status. Because civil-status entries are protected by law, you cannot simply “use” a new surname without first satisfying the legal requirements described below.
2. The legal landscape at a glance
| Source of law | Key points relevant to surname change |
|---|---|
| Civil Code (Art. 364) | Acknowledged natural child may bear father’s surname. |
| Family Code (Arts. 175–182) | Defines who is illegitimate, recognition of paternity, legitimation by subsequent marriage, support and inheritance rights. |
| Republic Act (RA) 9255 (2004) | The central statute. Allows an illegitimate child to use the father’s surname through an administrative process (no court). |
| RA 9048 (2001) & RA 10172 (2012) | Permit administrative correction of clerical errors, but do not authorize surname change except as allowed by RA 9255. |
| Rule 103 (Change of Name) & Rule 108 (Cancellation/Correction of Civil-Registry Entries) of the Rules of Court | Provide judicial routes when RA 9255 does not apply (e.g., the father refuses recognition or the child is already legitimate but wishes to change or remove a surname). |
| RA 9858 (2009) | Legitimation of children born to parents below marriageable age—results in acquisition of father’s surname automatically once legitimated. |
| Philippine Statistics Authority (PSA) & Office of the Civil Registrar General (OCRG) Memoranda | Detail filing forms (AUSF, AAP, etc.), fees, and procedural timelines. |
3. Scenarios and the correct pathway
A. Illegitimate child, father is willing (or already acknowledged)
Use RA 9255.
Proof of paternity (any one is enough):
- Father’s name already appears on the Birth Certificate; or
- PSA-registered Affidavit of Acknowledgment/Admission of Paternity (AAP); or
- Public/documentary act (e.g., father signs school/immigration papers acknowledging child); or
- Judicial declaration of paternity.
Affidavit to Use the Surname of the Father (AUSF)
- Executed by the mother (if child < 18); by the child (if 18 +); or jointly by both parents if preferred.
- Must be notarized and filed with the Local Civil Registry Office (LCRO) where the birth was recorded.
Supporting documents
- Certified copy of the Birth Certificate.
- IDs of affiant(s).
- Proof of paternity (see #1).
- Processing fee (varies by LGU but typically ₱2 000–₱3 000 inclusive of PSA annotation).
LCRO processing
- The civil registrar annotates the Birth Certificate (no new certificate is issued).
- Endorsed to PSA Central for approval and release (8 – 12 weeks on average).
Effect: Child remains illegitimate (surname use ≠ legitimacy). The father becomes liable for support (Family Code Art. 174), and the child becomes a compulsory heir (FC Art. 887) but inheritance share remains illegitimate (½ of legitimate child’s share) unless legitimated.
B. Illegitimate child, father unwilling or paternity is contested
File a petition under Rule 103 or Rule 108 in the Regional Trial Court (RTC) of the province or city where the civil registry record is kept.
Petition must:
- State facts showing proper and reasonable cause (e.g., long-standing use of father’s surname, best interests of child).
- Include all civil registrars concerned and the Office of the Solicitor General (OSG) as parties.
Publication & hearing
- Order for publication once a week for three consecutive weeks in a newspaper of general circulation.
- Hearing where evidence of paternity is presented (DNA, testimonies, documents).
Court decree (if granted) forwarded to LCRO and PSA for annotation.
Tip: Courts are strict; absent clear proof of paternity and compelling cause, petitions are often denied.
C. Child later legitimated (parents subsequently marry or RA 9858 applies)
No AUSF needed. Upon legitimation, the PSA issues an annotated birth record showing the child as “legitimate” and bearing the father’s surname.
Parents submit:
- Certificate of Marriage.
- Affidavit of legitimation (if parents were underage under RA 9858).
D. Already legitimate child seeking to ADD or DROP a surname
Must go through Rule 103 (change of name). Courts weigh “proper and reasonable cause,” such as:
- Protection from ridicule.
- Consistency with long-used surname.
- Child’s safety (e.g., victims of violence).
4. Age-related consent rules
| Child’s age | Who may execute AUSF | Additional requirements |
|---|---|---|
| 0 – 6 yrs | Mother (alone) or father + mother jointly | LCRO may require father’s IDs even if absent in filing. |
| 7 – 17 yrs | Mother and child’s written consent (notarized) | Consent must be in a language understood by the child; LCRO sometimes requires interview. |
| 18 + | Child executes AUSF personally | Neither parent’s presence needed; proof of paternity still required. |
5. Forms at a glance*
| Form | Purpose | Executed by | Filed at |
|---|---|---|---|
| AAP (Affidavit of Admission of Paternity) | Father’s formal acknowledgment (if birth record lacks his name) | Father | LCRO of child’s birthplace |
| AUSF (Affidavit to Use Surname of Father) | Requests annotation allowing surname use | Mother or child (see §4) | Same LCRO as birth record |
| Petition (Rule 103 / 108) | Judicial change/correction | Petitioner + counsel | RTC w/ publication |
* Standard templates are downloadable from the PSA website or available at LCROs.
6. Jurisprudence highlights
| Case | G.R. No. | Ratio |
|---|---|---|
| Tomasa Labrador v. Republic (2021) | 252676 | AUSF must be backed by actual paternal acknowledgment; mother’s unilateral claim is insufficient. |
| Republic v. Caryl Ann D. Manzano (2019) | 221052 | Acknowledgment can be proved by father’s signature on AAP filed years later; AUSF then valid retroactively. |
| Grande v. Antonio Cruz (2016) | 206248 | Use of father’s surname under RA 9255 does not convert status to legitimate; rights under Arts. 172–176 FC remain. |
| Spouses Herrera v. Republic (2015) | 208207 | DNA test admissible and often decisive in Rule 103 petitions if father opposes change. |
(Decisions cited are illustrative of prevailing doctrine; they may be superseded only by subsequent Supreme Court rulings.)
7. Practical timeline & costs (typical Metro Manila LGUs, 2025)
| Step | Working days | Government fees* |
|---|---|---|
| Filing AAP (if needed) | 1 (same day) | ₱1 000 |
| Filing AUSF | 1 | ₱1 500 |
| LCRO endorsement → PSA | 20 – 30 | — |
| PSA annotation release | 20 – 40 | ₱330 per certified copy |
| Total (admin route) | ≈ 2–3 months | ≈ ₱3 000–₱4 000 |
*Exclusive of notarial fees (₱200–₱600) and DNA tests (₱16 000 +) if required.
Court petitions (Rule 103/108) cost substantially more (₱40 000 – ₱120 000 including filing, publication, lawyer’s fees) and may take 8 – 24 months.
8. Common pitfalls
- Relying on “usage.” Long-time informal use of the father’s surname (e.g., on school IDs) does not cure an unamended birth certificate; PSA will still print the maternal surname.
- Wrong venue. Filing an AUSF in a different LGU delays processing; always file where the birth is registered.
- Father’s name absent in Birth Certificate and no AAP—AUSF will be denied unless you file AAP first or obtain a court order.
- Belief that surname change makes the child legitimate. Only legitimation or adoption changes status.
9. After the surname is changed
| Document | Action |
|---|---|
| Passport | Apply for new e-passport with annotated PSA birth certificate; DFA accepts annotations. |
| School records | Submit PSA copy + registrar’s request letter; DepEd/CHED issuances oblige schools to conform. |
| PhilHealth, SSS, Pag-IBIG | Update membership record; annotated PSA is sufficient. |
| Banking & insurance | Provide updated IDs or PSA copy; some require both. |
10. FAQs
Does the father’s written consent have to be notarized? For the AAP, yes. For AUSF, the father’s presence/consent is not required if his paternity has already been established (e.g., his name is on the birth certificate).
Can the child later switch back to the mother’s surname? Possible but harder: must file a Rule 103 petition; reversal via another AUSF is disallowed by PSA Circular 1-2016.
Is DNA mandatory? Not for RA 9255 if documentary acknowledgment exists. DNA becomes relevant mainly in contested judicial petitions or if you need to compel recognition.
11. Checklist for RA 9255 (Quick-reference)
- CERTIFIED PSA birth certificate (mother’s surname).
- Proof of paternity (father’s name in BC or AAP or public instrument or court order).
- AUSF (correctly signed and notarized).
- Valid government IDs of affiant(s).
- Payment of filing fee.
- Follow-up with LCRO for transmittal slip; track PSA annotation.
12. Key take-aways
- RA 9255 is the simplest route if the father has recognized the child.
- Administrative change of surname does not legalize status; legitimation or adoption is a different step.
- If the father is uncooperative, be prepared for a court petition and possibly DNA evidence.
- Always use updated PSA/LCRO forms and double-check guidelines, as procedural circulars are issued frequently.
Disclaimer: This article conveys general information as of 11 July 2025 and is not a substitute for personalized legal advice. Consult the Local Civil Registrar or a Philippine family-law practitioner for case-specific guidance.