Changing a Child’s Surname to the Father’s When Parents Are Un‑married in the Philippines
A comprehensive legal guide
1. Why the Topic Matters
In the Philippines most children born to parents who are not legally married to each other are, by operation of law, illegitimate. Their default surname is the mother’s. Since 2004, however, Congress has recognized the emotional, social, and practical value of carrying a father’s surname even without marriage, and has created both administrative and judicial paths for doing so.
2. Core Legal Sources
| Provision | Key Point |
|---|---|
| Family Code of the Philippines Art. 176 (as amended) |
Baseline rule: an illegitimate child uses the mother’s surname and is under her parental authority unless RA 9255 requirements are met. |
| Republic Act 9255 (2004) | Allows an illegitimate child to use the father’s surname if the father acknowledges paternity and required consents are given. |
| PSA Administrative Order No. 1‑2004, as amended | Implementing Rules & Regulations (IRR) prescribing the Affidavit to Use the Surname of the Father (AUSF), filing venue, fees, timelines, and annotation format. |
| Republic Act 9048 (2001) & RA 10172 (2012) | General statutes for administrative correction of civil‑registry entries; they do not apply to surname changes of illegitimate children—which are governed solely by RA 9255. |
| Rule 103 & Rule 108, Rules of Court | Judicial petitions for change/cancellation of names or civil‑registry entries—used when the RA 9255 route is unavailable or contested. |
| Republic Act 9858 (2009) | Legitimation by subsequent valid marriage of the parents or legitimating children born under a void church marriage (solemnized by a priest/imam) later validated under the Family Code. |
| Selected jurisprudence | Domingo v. Court of Appeals, G.R. 130572 (1999); Grande v. CA, G.R. 206248 (2019); Republic v. Cayanan, G.R. 219495 (2020)—reiterating that acknowledgment + AUSF suffice, but legitimacy and parental authority remain distinct. |
3. Basic Principles
Acknowledgment is indispensable. The father must expressly or impliedly recognize paternity before the AUSF can be registered.
Surname ≠ Legitimacy. Using the father’s surname does not make the child legitimate. Legitimacy still requires legitimation (Art. 177, RA 9858) or adoption.
Mother’s authority is paramount. Parental authority over an illegitimate child remains with the mother even after the child adopts the father’s surname, unless the child is later legitimated or adopted.
Support and inheritance attach once paternity is admitted. Acknowledgment (with or without surname change) entitles the child to support (Art. 195, Family Code) and to a compulsory share in the father’s estate equal to ½ that of a legitimate child (Art. 895).
4. When the Father’s Surname May Be Entered at Birth
| Scenario | Documentary Act | Effect |
|---|---|---|
| Both parents appear before the Local Civil Registrar (LCR) within 30 days of birth | Father signs the “Acknowledgment” portion on the back of the Certificate of Live Birth; mother co‑signs. | Child is immediately recorded under the father’s surname; no AUSF needed. |
| Father is abroad & sends notarized/consularized acknowledgment | Attach the instrument to the birth registration papers; mother still signs locally. | Same effect—registration under father’s surname from the start. |
5. Changing the Surname After Registration (RA 9255 Route)
5.1 Who May File
| Child’s Age | Applicant | Required Consent |
|---|---|---|
| Below 7 | Mother or legal guardian | Father must have acknowledged paternity before filing; mother’s consent presumed because she files. |
| 7 to <18 data-preserve-html-node="true" | Mother, guardian, or child (with assistance) | Both parents (or guardian + father) must sign the AUSF. |
| 18 or older | Child himself/herself | Only the child’s signature is needed; father’s prior acknowledgment must exist. |
5.2 Minimum Requirements
Affidavit to Use the Surname of the Father (AUSF) – PSA‑prescribed form, duly notarized.
Any ONE of the following proofs of paternity (executed before the child turned 18):
- Father’s signature on the birth certificate
- Public instrument expressly recognizing the child
- Private handwritten instrument (in father’s handwriting, signed)
- “Open and continuous possession of the status of a child”—e.g., school and medical records, photos, testimonies.
Certified true copy of the child’s Certificate of Live Birth (COLB).
Valid IDs of signatories; parent’s/guardian’s proof of authority if applicable.
Filing and annotation fees (₱50–₱500 at the LCR; ₱350 endorsement fee to PSA; plus ₱210 for every certified copy of the annotated COLB—fees vary by locality).
5.3 Procedure
- File the AUSF personally at the LCR where the birth was recorded or where the child resides.
- LCR examines completeness; if compliant, registers the AUSF and annotates the COLB.
- LCR endorses the annotated record and supporting papers to the PSA for national archiving.
- After PSA approval (4–12 weeks on average), obtain the new PSA‑issued birth certificate bearing the annotation “The child is now using the surname of the father under RA 9255.”
Tip: Some LCRs require a preliminary pre‑assessment; call ahead to avoid multiple trips.
6. When RA 9255 Will NOT Suffice
| Situation | Alternative Remedy |
|---|---|
| Father refuses to acknowledge paternity | Judicial action for compulsory recognition (Arts. 172–175, Civil Code) paired with a Rule 108 petition to correct the COLB. |
| Father died before he could execute an acknowledgment instrument | Heirs may present existing indirect proof; if none exists, recognition can still be sought in court and, if granted, the surname change follows via Rule 108. |
| Birth record contains other errors (wrong sex, date, place) besides surname | File combined petitions: RA 9255 for surname plus RA 9048/10172 or Rule 108 for the rest. |
| Record involved simulated birth (fake parents listed) | Avail of RA 11222 (2019) “Simulated Birth Rectification Act,” which requires a separate administrative path and eventual adoption proceedings. |
7. Judicial Petitions in Detail
Rule 103 – Change of Name
- Used primarily when the child’s surname was never his/hers to begin with, or for substantial name changes (e.g., adding a middle name).
- Requires publication of the petition once a week for 3 consecutive weeks; decided by the Regional Trial Court (RTC).
Rule 108 – Cancellation/Correction of Entries
- Proper when the surname entry is correct in form but legally inapplicable (e.g., reflects mother’s surname although father acknowledged).
- Also requires publication; can consolidate recognition and surname-change issues in one petition.
Proof Burden & DNA
- Courts weigh written acknowledgments; DNA testing may be ordered when paternity is disputed.
- Once judgment becomes final, the RTC issues an order directing the LCR/PSA to annotate or correct the birth record.
8. Effects of Carrying the Father’s Surname
| Aspect | After RA 9255 Change | After Legitimation (RA 9858) | After Adoption |
|---|---|---|---|
| Civil status | Still illegitimate | Becomes legitimate retroactive to birth | Legitimate child of adopter(s) |
| Succession | Inherits from father, but legitime is only ½ of that of a legitimate child | Full legitimate share | Full legitimate share |
| Parental authority | Vested in mother alone | Joint parental authority | Adoptive parents exercise parental authority |
| Use of middle name | None; an illegitimate child legally has no middle name | Gains mother’s maiden surname as middle name | Rules on adoption apply |
| Passport / IDs | May bear father’s surname upon presentation of annotated COLB | Same | Same |
Important: A father cannot unilaterally demand the child bear his surname. The child or mother must initiate the AUSF, and the mother’s consent is indispensable until the child turns 18.
9. Common Practical Issues & FAQs
| Question | Short Answer |
|---|---|
| Can I undo the AUSF later? | Yes, but you will need a judicial petition under Rule 103 or 108; administrative re‑reversion is not allowed. |
| Does the child get my middle initial? | No. Illegitimate children have no legal middle name; the mother’s surname becomes the child’s middle initial only upon legitimation or adoption. |
| If the mother refuses to consent, can the father sue? | The father may file a custody/recognition case, but courts rarely override the mother’s statutory authority unless the child’s welfare clearly demands it. |
| What if I discovered my father’s identity only when I was 30? | You may still file an AUSF personally (no parental consent needed) if you can present a pre‑majority acknowledgment instrument. Otherwise, you must pursue a judicial recognition case first. |
| Will the new surname entitle me to PhilHealth/SSS dependents’ benefits? | Yes, once the father registers you as a dependent and submits the annotated COLB showing paternity. |
10. Sample Outline of an AUSF
Part I – Personal details Part II – Mode of paternity acknowledgment (check one) Part III – Consent of mother / child (depending on age) Part IV – Undertaking to carry the father’s surname permanently unless judicially changed Part V – Notarial acknowledgment
(The PSA provides a fill‑in‑the‑blanks form; procure it from your LCR or download from the PSA website.)
11. Timeline at a Glance
| Step | Approx. Duration |
|---|---|
| Document preparation & notarization | 1 day |
| LCR examination & registration of AUSF | Same day to 1 week |
| Endorsement to PSA | Immediate to 2 weeks |
| PSA approval & release of annotated COLB | 1–3 months (depends on back‑log) |
| Total | 4 weeks to 4 months |
12. Key Take‑Aways
- RA 9255 is the easiest path—purely administrative, no court fees or publication.
- The father’s acknowledgment must precede or accompany the AUSF; without it, you need court action.
- Surname change does not erase illegitimacy, nor shift parental authority.
- Always use updated PSA forms; LCRs will reject outdated templates.
- Keep multiple certified copies of the new birth certificate; most agencies keep one on file and will not return it.
13. Disclaimer
This article is general information and not legal advice. Procedures and fees vary among Local Civil Registrars, and laws may change. Consult the PSA, your LCR, or a licensed Philippine family‑law practitioner for case‑specific guidance.