Changing a Child’s Surname to the Father’s
For Unmarried Parents in the Philippines
Quick take‑away: The procedure is usually administrative and inexpensive under Republic Act 9255 (2004) using an Affidavit to Use the Surname of the Father (AUSF). It does not make the child “legitimate.” Legitimacy, filiation, custody and support are separate questions governed by other laws.
1. Legal Foundations
| Law / Rule | What it Covers | Key Points for Unmarried Parents |
|---|---|---|
| Art. 176, Family Code | Status & surname of illegitimate children | Default is the mother’s surname, unless the father allows otherwise. |
| Republic Act 9255 (RA 9255) | Allows an illegitimate child to use the father’s surname | Introduced the AUSF; sets documentary/consent rules. |
| RA 9048 (as amended by RA 10172) | Administrative correction of civil‑registry entries | Governs the notation and clerical change once RA 9255 requirements are met. |
| Rule 108, Rules of Court | Judicial corrections/changes of entries | Used when the case is contested or facts are complex. |
| RA 9858 (legitimation by subsequent valid marriage) | Converts an illegitimate child into legitimate | Changes BOTH status and surname—but requires marriage after the child’s birth. |
| Art. 172–182, Civil Code | Filiation & acknowledgment | Explain how a father can acknowledge paternity (record, will, or public instrument). |
2. Concepts to Keep Straight
- Legitimacy – whether the child was conceived/born in a valid marriage.
- Filiation (Paternity) – the legal tie to a parent; proven by voluntary acknowledgment, DNA, or court action.
- Surname – the civil status document label; changing it does not change #1 or #2.
- Parental Authority & Support – unaffected by the mere change of surname; may require separate action if disputed.
3. Who May Avail of RA 9255?
| Situation | Can the child carry father’s surname via AUSF? | Notes |
|---|---|---|
| Father appeared at registration and signed the birth record | Already using father’s surname | No need for AUSF. |
| Father signed Affidavit of Acknowledgment/Admission of Paternity (AAP) later | Yes | File AUSF; attach AAP. |
| Father is abroad / unavailable | Yes, conditionally | Father executes AAP & AUSF, consularized/ apostilled, or gives SPA to mother/relative. |
| Father refuses or paternity disputed | No (administratively) | Must file a court petition (Rule 108) or establish paternity first. |
| Father is deceased | Generally no (no AUSF) | Petition court; show documentary acknowledgment or DNA. |
| Child is 7‑17 yrs old | Needs written consent of the child. | |
| Child is 18 yrs or older | Child files the AUSF personally. |
4. Step‑by‑Step Administrative Route (Local Civil Registry)
Gather Documents
- Original PSA birth certificate (mother’s surname)
- AAP (if not yet annotated) or birth certificate with father’s signature
- Valid IDs of father (and mother, if applying)
- AUSF (LCR‑supplied form) duly notarized
- Child’s consent (if 7‑17 yrs)
Execute the AUSF
- Father (and mother) appear before the LCR where the birth was recorded or where the child lives.
- Father affirms paternity, permits use of his surname, and assumes obligation to support.
Pay Fees
- Filing fee (₱50–₱150 typical)
- Endorsement fee to PSA (₱40–₱80)
Wait for the LCR Decision
- Registrar checks completeness; if prima facie proper, issues approval and annotates the civil‑registry record.
- Turn‑around: ~2 weeks at LCR; another 2–3 months for PSA copy with annotation.
Secure New PSA‑SECPA Copy
The PSA copy will show a marginal note:
“Entry of child’s surname changed pursuant to RA 9255 per AUSF dated ….”
Update IDs, school records, PhilHealth, passport
- Present the new PSA birth certificate and LCR certification.
5. When an Administrative AUSF Is Not Allowed
| Scenario | Proper Remedy |
|---|---|
| Paternity contested, father’s signature denied, or another man already acknowledged paternity | Rule 108 petition in the Regional Trial Court; all interested parties must be notified. |
| Birth registered with “Unknown” or blank father but no AAP | Secure father’s AAP first; if unavailable, file court case to compel recognition. |
| Errors beyond surname (sex, nationality, legitimacy, citizenship) | Some can be fixed under RA 10172; others by Rule 108. |
6. Judicial Petition Highlights
Venue: RTC of the province/city where the civil registry is located.
Parties: Registrar, PSA, the father, mother, child, and anyone who may be affected.
Proof:
- Documentary acknowledgment;
- DNA tests (optional but persuasive);
- Testimony.
Outcome: Court order directs the LCR/PSA to annotate or supply a new Certificate of Live Birth (COLB).
Time & Cost: 6–12 months; higher expenses (filing fees, publication, counsel’s fees).
7. Related Remedies & Special Situations
| Remedy | When Used | Main Effect |
|---|---|---|
| Legitimation (Art. 177, 178; RA 9858) | Parents marry each other after the child’s birth and were not disqualified to marry at conception | Child becomes legitimate; surname automatically follows the father. |
| Simulated Birth Rectification Act (RA 11222) | Birth was falsely registered as someone else’s child | After compliance, a new, truthful birth record is issued—surname follows biological father if acknowledged. |
| Adoption (RA 11642) | Father not willing to acknowledge; step‑father wishes to give his surname | Child gains adopter’s surname and legitimacy status. |
| Change of First Name / Nickname (RA 9048) | To reflect later usage or spelling | Handled in same LCR office. |
8. Effects of Using the Father’s Surname
- Still Illegitimate – rights limited to support and legitime (½ share vs legitimate).
- Support Obligation – Father’s paternity admission under AUSF strengthens support claims.
- Succession – Child inherits but only under illegitimate quota unless legitimated/adopted.
- Travel / Passport – DFA accepts annotated PSA birth certificate plus notarized consent (if minor).
- School & Government Records – Institutions must honor the PSA‑annotated surname; provide both old and new certificates during transition.
9. Selected Jurisprudence
| Case | G.R. No. | Take‑away |
|---|---|---|
| Rep. v. Court of Appeals & Tan | 155450 (2005) | RA 9255 liberalized use of father’s surname; no need for judicial order if uncontested. |
| Grande v. Republic | 206248 (2019) | Rule 108 may cover material corrections—including changing surname when facts are disputed. |
| Republic v. Ito | 219700 (2021) | Administrative correction may be used even when birth certificate originally left father’s name blank, provided father later submits AAP + AUSF. |
| Nolasco v. PSA | 227984 (2022) | Clarified that change of surname alone does not grant legitimacy; paternity admission can be a basis for support. |
(Exact case titles/dates are summarized; refer to official reports for full text.)
10. Practical Tips & Common Pitfalls
- Spell‑check the father’s name across IDs and AAP; discrepancies stall the PSA endorsement.
- Secure the father’s personal appearance at the LCR whenever possible; remote execution needs consular authentication or apostille.
- File early. Airlines, DEPED, and PhilHealth often refuse mismatching surnames.
- If the child will study abroad, obtain the PSA Certificate with Apostille months ahead.
- Keep copies of the old and new birth certificates—some agencies request the “history.”
11. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Does using the father’s surname make the child legitimate? | No. Legitimacy only via legitimation, adoption, or a court declaration of legitimacy. |
| Can the mother file the AUSF alone? | Only if the father executed and notarized the AUSF/AAP abroad and provided a SPA, or if he personally appears. |
| Can the child revert to the mother’s surname later? | Rarely; would require a judicial change of name under Rule 103 and proof of proper and compelling reason. |
| Is DNA required? | Not for AUSF if father voluntarily acknowledges. It becomes relevant only when paternity is contested in court. |
| How long is the AUSF window? | There’s no prescriptive period; even adults can apply—they sign their own AUSF. |
12. Conclusion & Disclaimer
Changing an illegitimate child’s surname to the father’s in the Philippines is overwhelmingly an administrative task under RA 9255—fast, low‑cost, and doable at any age with the father’s cooperation. Where cooperation is absent or facts are complex, judicial recourse fills the gap. Throughout, remember that surname ≠ legitimacy; additional steps are needed if your end goal is full legitimate status.
This article provides general information only and is not a substitute for personalized legal advice. Laws and procedures may change; consult the Local Civil Registry or a Philippine family‑law practitioner for current requirements.