Changing a Child’s Surname in the Philippines: RA 9255 and Court Procedures

Last updated: general guidance only; not a substitute for advice from your lawyer or your Local Civil Registrar (LCR). Processes and documentary checklists can vary by city/municipality.

1) The legal building blocks

Family Code Baseline rule: a legitimate child ordinarily bears the father’s surname, while an illegitimate (non-marital) child bears the mother’s surname.
Republic Act No. 9255 (2004) Amended Article 176 of the Family Code to allow an illegitimate child to use the father’s surname if the father expressly recognizes the child. This change does not make the child legitimate and does not transfer parental authority to the father.
RA 9048 (as amended by RA 10172) Lets you administratively correct clerical/typographical errors (including minor misspellings in a surname) and change a first name/nickname (and, under RA 10172, certain birth-date/sex entries). It cannot be used to swap a child’s surname from mother to father (or vice-versa); that’s either RA 9255 (AUSF) or a court petition, depending on the case.
Adoption and legitimation
- Adoption confers the status of a legitimate child; the child typically assumes the adoptive parent’s surname upon the issuance of the adoption order.
- Legitimation by the subsequent marriage of the parents gives the child the status and surname of a legitimate child (usually the father’s surname) once legitimation is recorded.

2) Using the father’s surname under RA 9255

2.1. Core idea

An illegitimate child may use the father’s surname once the father has acknowledged/recognized the child and the required Affidavit to Use the Surname of the Father (AUSF) is executed and annotated on the birth record.

2.2. What counts as the father’s “recognition”?

Any of the following commonly establishes paternal filiation for RA 9255 purposes:

The father signed the certificate of live birth (acknowledgment at/near registration);
An Affidavit of Admission of Paternity (AAP) signed by the father;
An admission in a public document (e.g., notarized acknowledgment);
A private handwritten instrument signed by the father expressly acknowledging the child;
A court judgment declaring paternity.

If there is no acknowledgment, the AUSF route isn’t available. The remedy is usually a court action to establish filiation; after a judgment recognizing paternity, you can pursue annotation and the surname change.

2.3. Who signs the AUSF and whose consent is needed?

Child under 7 – the mother executes the AUSF.
Child aged 7 to below 18 – the mother executes the AUSF with the child’s written consent.
Child 18 or older – the child executes the AUSF personally.

Notes:

The father’s signature on the AUSF itself is not the point; what matters is proof of his acknowledgment (see 2.2).
If the father is deceased but left a qualifying acknowledgment, the RA 9255 process can still proceed. If he left no acknowledgment, court action is needed.

2.4. Where you file and what happens to the birth record

File the AUSF with the LCR where the birth was registered (or the Philippine foreign service post if the birth was reported abroad).
The LCR annotates the birth record and forwards to the PSA for national annotation.
You don’t get a “new” birth certificate; you get a PSA-issued birth certificate with an annotation showing the change.

2.5. Typical documentary set (expect local variations)

AUSF (LCR form);
PSA/LCR copy of birth certificate;
Proof of paternal acknowledgment (e.g., AAP, father’s signature on the birth record, public/private instrument, or court judgment);
Valid IDs of the executing party and, if applicable, the consenting child;
Other LCR-specific forms (fees, picture IDs, etc.).

2.6. What RA 9255 does not do

It does not change the child’s status (the child remains illegitimate unless later legitimated/adopted).
It does not transfer parental authority; for illegitimate children, mother retains sole parental authority unless a court orders otherwise.
It does not by itself give inheritance beyond what the law already grants to an acknowledged illegitimate child (support and legitime as provided by the Civil Code).

2.7. Middle name rules for an illegitimate child using the father’s surname

Practice and jurisprudence recognize that an illegitimate child who adopts the father’s surname under RA 9255 may use the mother’s surname as middle name for identification (where previously many illegitimate children carried no middle name). Always check current PSA/LCR practice on formatting (spacing, “de/di/dela” particles, hyphens).

2.8. Changing your mind later

If a child began using the father’s surname via AUSF and later wants to revert (or vice-versa) for reasons not covered by administrative correction, the route is generally a judicial petition (see Section 4). There is no simple “undo” button for an annotated AUSF.

3) Alternatives to RA 9255 that also change the child’s surname

3.1. Adoption

Final adoption replaces the child’s surname with the adoptive parent’s surname and confers legitimate status.
The LCR/PSA issues an amended birth record upon the adoption order.
If a step-parent wants the child to carry their surname, adoption—not RA 9255—is the correct legal path.

3.2. Legitimation by subsequent marriage

When parents later marry each other, a child who was illegitimate at birth may be legitimated (subject to the Family Code’s conditions).
Upon recording legitimation, the child acquires the status and surname of a legitimate child (ordinarily the father’s surname), reflected in an amended/annotated birth record.

4) Court petitions to change a child’s surname

Use the judicial route when your situation is not covered by RA 9255, adoption, legitimation, or RA 9048’s clerical-error pathway. Common scenarios:

No paternal acknowledgment, but you want the father’s surname: file a paternity/filiation case first; after judgment, annotate and change surname.
Reverting from father’s to mother’s surname (or the reverse) without an administrative basis;
Changing a legitimate child’s surname (e.g., to the mother’s surname for compelling reasons);
Changing to a step-parent’s surname without adoption (the court generally won’t grant this; adoption is the proper remedy);
Safety, privacy, or welfare reasons (e.g., serious risk, stigma, or confusion);
Long-standing habitual use of another surname causing confusion;
Ridiculous, tainted, or offensive surnames.

4.1. What you actually file

Rule 103 (Change of Name) – classic petition to change a name/surname for proper and reasonable cause.
Rule 108 (Cancellation/Correction of Entries) – to correct or cancel civil registry entries and annotate court outcomes (e.g., a judgment of paternity); substantial changes require adversarial proceedings.

Lawyers often combine both when the relief touches the name itself and the registry entries. Your counsel will choose the correct vehicle based on the facts.

4.2. Where and how to file

File a verified petition with the Regional Trial Court (RTC) of the province/city where the petitioner resides.
Publication in a newspaper of general circulation is required (usually once a week for three consecutive weeks).
The Civil Registrar and all affected parties (e.g., the other parent) must be notified/impleaded; the Office of the Solicitor General represents the Republic.
After hearing and evidence, the court may grant or deny; if granted, you bring the final order to the LCR/PSA for annotation.

4.3. Evidence that often matters

Birth, school, medical, and government records;
Proof of acknowledgment/non-acknowledgment;
DNA or other scientific proof in filiation cases;
Proof of habitual use of another name and resulting confusion;
Evidence showing the change is in the best interests of the child (especially for minors).

5) RA 9048/10172: when they help (and when they don’t)

They do help when the problem is a clerical/typographical error in the surname (e.g., “Reyes” mis-typed as “Reyes”), spacing/capitalization/particle issues (“de la Cruz” vs “Dela Cruz”), or you need a first-name change supported by valid grounds.
They don’t help to switch an illegitimate child from mother’s to father’s surname (or vice-versa) by choice—that is RA 9255 (with acknowledgment) or a court petition.

6) Practical FAQs and edge cases

Q: The father refuses to acknowledge. Can we still use his surname? A: Not under RA 9255. You’d need to establish paternity in court first; after a judgment of filiation, seek annotation/surname change.

Q: The father is married to someone else. Does that bar RA 9255? A: No. The key is acknowledgment. The child’s status remains illegitimate; parental authority remains with the mother, absent a court order.

Q: The father is deceased. A: If he left a qualifying acknowledgment (signed admission/public document/private handwritten instrument, or a court judgment existed), RA 9255 can still be used. If none, a filiation case may be required (your lawyer will assess evidence).

Q: My child already uses the father’s surname at school. Is that enough? A: No. School usage doesn’t amend the civil registry. You must properly annotate the birth record (AUSF or court order).

Q: Can we hyphenate or keep both surnames? A: Formatting is a civil-registry practice issue. Hyphenation/compound forms depend on PSA/LCR rules. Middle-name conventions for illegitimate children who take the father’s surname generally allow the mother’s surname as the middle name.

Q: After annulment/nullity of marriage, can a legitimate child switch to the mother’s surname? A: The child remains legitimate and ordinarily continues using the father’s surname unless a court, on proper and reasonable grounds, orders a change.

Q: Will RA 9255 give the father custody or decision-making rights? A: No. Parental authority over an illegitimate child remains with the mother, unless modified by a court.

7) Step-by-step checklists

A) RA 9255 (AUSF) pathway

Confirm acknowledgment: ensure you have one of the valid proofs in §2.2.
Prepare documents: AUSF form, child’s PSA/LCR birth certificate, IDs, and child’s written consent if 7–17.
File with the proper LCR (or foreign post if the birth was reported abroad).
Wait for annotation and obtain a PSA birth certificate (annotated) showing the change.
Update downstream records (school, PhilHealth, SSS/GSIS, passport, bank, etc.) with the annotated PSA copy.

B) Judicial pathway (Rule 103 / Rule 108)

Retain counsel and identify proper grounds.
Prepare and file a verified petition in the RTC of your residence.
Publish the order as required; notify the Civil Registrar and affected parties (OSG appears for the State).
Hearing and evidence.
Secure the final order; bring it to the LCR/PSA for annotation and then update downstream records.

8) Common pitfalls to avoid

Treating school or informal usage as if it amended the registry (it doesn’t).
Filing AUSF without valid acknowledgment—this will be denied.
Seeking a step-parent’s surname via RA 9255 (use adoption).
Trying to use RA 9048 for a voluntary surname switch (it’s not allowed).
Ignoring the child’s consent once the child is 7 or older under typical registry practice.
Overlooking that RA 9255 does not alter custody/parental authority.

9) Quick decision map

Illegitimate child + father acknowledged? → Yes: File AUSF (RA 9255). → No: Consider paternity/filiation case first.
Want step-parent’s surname? → Adoption.
Legitimation (parents later marry)? → Record legitimation → surname updates accordingly.
Clerical typo in surname? → RA 9048/10172 administrative correction.
Any other surname change (reversion, safety, confusion, legitimate child to mother’s surname, etc.)? → Court petition (Rule 103/Rule 108).

Final note

Because civil-registry practice is form- and detail-sensitive, always verify the current checklist with your LCR/PSA, and consult a family-law practitioner for strategy—especially where there’s no acknowledgment, there are contested facts, or you’re choosing between RA 9255 and a court petition.