Changing a Minor’s Surname in the Philippines When the Father Has Abandoned the Child

This is a practical, Philippine-focused guide for parents and guardians. It explains the legal bases, the pathways (court and administrative), evidence you’ll need, and what to expect. It’s general information—not a substitute for advice from a Philippine lawyer who can assess your exact facts.

Quick overview

There is no one-click fix. In most situations, changing a child’s surname requires a court petition.
Exception: Adoption (especially step-parent adoption) will automatically change a child’s surname to the adoptive parent’s.
Administrative corrections under the Clerical Error Laws do not cover surname changes (they cover first names/nicknames and obvious clerical errors only).
Abandonment matters because it supports (1) suspension of the father’s parental authority and (2) a court’s finding that a surname change is in the best interests of the child.

Key concepts and laws (in plain language)

Family Code: Parents have joint parental authority over legitimate children; the mother has sole parental authority over illegitimate children (even if the father acknowledged paternity). Courts may suspend or terminate parental authority for causes including abandonment, abuse, or neglect.
Civil Code / Family Code on surnames:
- Legitimate children typically use the father’s surname.
- Illegitimate children use the mother’s surname by default.
R.A. 9255 (2004): Allows an illegitimate child to use the father’s surname if the father expressly recognizes the child (e.g., through the birth certificate plus an Affidavit to Use the Surname of the Father).
R.A. 9048 (as amended by R.A. 10172): Lets you correct clerical/typographical errors and change a first name/nickname administratively with the Local Civil Registry (LCR). It does not authorize changing a surname to a completely different one.
R.A. 11642 (2022) on Administrative Domestic Adoption: Adoption is now primarily administrative through the National Authority for Child Care (NACC); adoption makes the child legitimate and typically changes the child’s surname to that of the adoptive parent(s).
Child’s best interests: Philippine courts resolve naming and custody questions based on what best serves the child’s welfare, stability, and identity.

When the father has abandoned the child: what changes—and what doesn’t

Parental authority & consent: If the father has truly abandoned the child (no contact, no support, cannot be located), the court can suspend or remove his parental authority. Practically, this means the mother/guardian can make decisions without the father’s consent.
Surname: Abandonment does not automatically change the surname in civil registry records. You still need a legal pathway (court petition or adoption).

Decide your pathway

Path A — Court petition to change the surname (most common)

Use this if you want to:

Drop the father’s surname and use the mother’s (or vice-versa), or
Replace the surname because keeping it is harmful/confusing to the child.

Who files: The mother or legal guardian files for and in behalf of the minor.

Where to file: In the Regional Trial Court (RTC) of the city/province where the child (or petitioner) resides. (Family Courts are designated RTC branches.)

Type of case: A petition for change of name (and, where needed, cancellation/correction of birth record entries). Your lawyer decides whether to proceed under Rule 103 (Change of Name), Rule 108 (Cancellation/Correction of Entries), or both, depending on your registry entries.

Grounds you’ll usually allege:

Abandonment (no contact, no support, unknown whereabouts).
Use of the father’s surname causes harm (bullying, stigma, anxiety), confusion (child known by a different name socially/school), or practical hardship (travel, medical consent, school administration).
Best interests of the child: stability, identity, integration into the family unit using the mother’s (or step-parent’s) surname.

Evidence to gather (the more, the better):

Proof of non-support/non-contact: school certifications, barangay certifications, affidavits of neighbors/relatives, chat/email/phone records showing silence, returned letters, remittance history showing none, police blotter/incident reports if relevant.
Proof of unknown whereabouts: barangay/PNP certifications of attempted location, affidavits of diligent search.
Proof the child is known by the desired surname: school records, medical records, baptismal or church records, IDs, affidavits from teachers/guardians.
Psychosocial impact (if any): counselor or social worker notes/affidavit (optional but persuasive).
Child’s written consent or preference if mature enough (courts often hear the child, especially from ~7 y/o and up).

What happens in court:

Filing of petition with annexes; pay filing fees.
Court issues an Order setting hearing and directing publication (typically once a week for three consecutive weeks) in a newspaper of general circulation; notice to the Local Civil Registrar and the Office of the Solicitor General (OSG) and to the father at last known address (and/or by publication).
Hearing(s): You present testimony and documents; the OSG and civil registrar can ask questions.
Decision: If granted, the court orders the LCR and PSA to annotate the birth record to reflect the new surname.

After the decision:

Secure a final & executory copy; bring it to the Local Civil Registry of place of birth for annotation; the LCR transmits to PSA.
Once PSA releases the annotated birth certificate, update: school records, PhilHealth, SSS/GSIS (if applicable), passport, bank, DSWD travel clearances, and other IDs.

Pros: Works even without adoption; tailored to your facts; recognizes abandonment and child’s best interests. Cons: Time, publication cost, legal fees; the father can still appear to oppose (though abandonment evidence helps).

Path B — Adoption (including step-parent adoption)

If the mother has a spouse/partner willing to adopt, adoption (now administrative through NACC) will:

Change the child’s status to legitimate; and
Change the child’s surname to the adoptive parent’s surname by operation of law once the adoption is granted.

Why abandonment matters: It can dispense with or make unnecessary the biological father’s consent and supports a finding that adoption serves the child’s best interests.

High-level steps:

Coordinate with your DSWD/NACC regional office or an accredited child-placing agency.
Undergo home study/assessment, submit civil documents, and attend required seminars.
NACC processes the case; if approved, an Order of Adoption issues.
LCR/PSA annotate the birth record, reflecting the new surname and adoptive parentage.

Pros: Comprehensive solution (status + surname + parental authority clarity). Cons: Documentary rigor; still takes time; fees; suitability assessments.

Special scenarios

Child is illegitimate and already using the mother’s surname. Nothing to change. Abandonment of the father is irrelevant to the surname (though still relevant to custody/support issues).
Illegitimate child who previously took the father’s surname under R.A. 9255. Dropping the father’s surname and reverting to the mother’s usually requires a court petition (Path A). Some registrars may suggest affidavits, but in practice PSA will not change the surname without a court order unless it’s a clear clerical error.
Legitimate child (parents were married) wants to use the mother’s surname. This typically requires a court petition showing compelling reasons and that the change is in the child’s best interests (abandonment is a strong factor).
Father unknown or not named in the record. The child should already be using the mother’s surname; no change is necessary.
Muslim Filipinos. The Shari’a District Courts have jurisdiction over change-of-name petitions for Muslims; evidentiary themes and the best-interest standard remain important.
Hyphenated or double surnames. Courts can approve well-justified formats (e.g., mother’s-surname-child uses socially) if shown to promote the child’s interests and avoid confusion.

What counts as “abandonment”?

There’s no single checklist, but courts look for clear, credible proof of (a) prolonged absence, (b) lack of contact and support, and (c) failed efforts to locate the father. Typical indicators:

No child support for a long, continuous period despite ability to pay.
No visits, calls, or messages; blocking/ignoring communications.
Unknown whereabouts; relatives also don’t know; unserved notices.
Prior protective orders or police/barangay incidents (if any).

Tip: Document diligent efforts to locate the father (barangay certifications, mailed notices, social media attempts) to justify notice by publication.

Practical checklists

Documents to prepare

Child’s PSA birth certificate (latest PSA copy).
Mother/guardian’s valid IDs and proof of address.
Evidence of abandonment (see list above).
School/medical records showing the child is known by the desired surname.
Affidavits from relatives/teachers/neighbors.
If adoption route: additional papers per NACC (marriage certs, CENOMAR where applicable, income proofs, police/NBI clearances, home study materials).

After approval (court or adoption)

Get the annotated PSA birth certificate (wait for PSA issuance).
Update records: school, PhilHealth, SSS/GSIS, BIR TIN, bank, passport, DSWD travel clearance, vaccination card, and insurance.

FAQs

Can the school, by itself, change the child’s surname in its records? Schools can reflect a preferred name, but legal name changes must come from the PSA-annotated birth certificate. Otherwise, travel and government transactions will mismatch.

Is there a purely administrative way (no court, no adoption) to change a surname? Generally no. R.A. 9048/10172 do not authorize changing a surname to another surname; they cover first names and clerical errors.

Will the father’s opposition kill the case? Not automatically. The court decides based on evidence and the child’s best interests. If abandonment is proven, the father’s opposition carries little weight.

How long does it take? Timelines vary widely by court/region and by adoption case load. Budget time for publication, hearings, and PSA annotation.

Does the child get to speak? Often yes, especially if the child is old enough to express a credible preference. Judges are careful with minors (e.g., in-chambers interviews).

Strategy tips

Lead with the child’s welfare. Judges are most persuaded by concrete, child-centered reasons: stability, identity, avoiding stigma, alignment with the home/school environment.
Be thorough on abandonment proof and on diligent efforts to notify the father (or to find him).
Consider step-parent adoption if the family situation fits; it is often the cleanest long-term solution.
Mind the paper trail. What wins these cases is a coherent stack of documents that tells a consistent story.

Red flags & pitfalls

Relying on affidavits alone without corroboration (school, barangay, PSA/LCR interactions).
Assuming the LCR/PSA will change the surname without a court order (except after adoption).
Overlooking publication and OSG notice requirements in court petitions.
Forgetting to follow through with PSA annotation after a favorable decision (the judgment doesn’t change the PSA record until it’s annotated).

Bottom line

If a father has abandoned his child, Philippine law gives you two realistic ways to align the child’s legal surname with their actual life:

Court petition for change of surname anchored on abandonment and the child’s best interests, or
Adoption (often step-parent adoption) that automatically updates the surname and clarifies parentage and parental authority.

Choose the route that best fits your family’s situation, assemble strong, child-focused evidence, and aim for a result that gives the child stability, dignity, and fewer hurdles as they grow.