(Legal Article / Bar-Review Style Overview)

I. Introduction

A child’s surname is more than a label: it is tied to filiation, legal status, inheritance, identity, and social relations. In Philippine law, a change of surname is never treated lightly. Unlike mere clerical corrections, changing a child’s surname is generally not a simple administrative act and often requires judicial scrutiny—except in certain specific situations expressly allowed by statute (e.g., RA 9255, adoption, legitimation).

This article gives a comprehensive overview of how, when, and under what legal bases a child’s surname may be changed under Philippine law.

II. Legal Bases

Key legal sources include:

Civil Code of the Philippines
- Particularly on names and the right to use a surname.
Family Code of the Philippines
- Provisions on legitimacy, illegitimacy, legitimation, adoption, and surname rules.
Rules of Court
- Rule 103 – Petition for Change of Name
- Rule 108 – Cancellation or Correction of Entries in the Civil Registry
Republic Acts and related issuances
- RA 9048 – Allows administrative correction of clerical/typographical errors and change of first name or nickname (NOT generally a basis for change of surname).
- RA 10172 – Amends RA 9048 to include corrections of day and month of birth and sex if clerical/error.
- RA 9255 – Allows an illegitimate child to use the surname of the father under specific conditions.
- Adoption laws – previously RA 8552 (Domestic Adoption Act), now complemented and substantially modified by RA 11642 (Domestic Administrative Adoption and Alternative Child Care Act).
- RA 9858 – Legitimation of children born to parents below marrying age.
Civil Registrar General / PSA Regulations
- Administrative orders and circulars on implementing RA 9048, RA 9255, adoption, legitimation, and related matters.
Supreme Court Jurisprudence
- Cases interpreting what constitutes “proper and reasonable cause” for change of name, and clarifying the limits of RA 9255 and other laws.

III. General Rules on What Surname a Child Uses

Before discussing how to change a surname, we need the default rules:

A. Legitimate Children

Under the Family Code, a legitimate child (born within a valid marriage, or legitimated, or adopted under certain conditions) bears the surname of the father.

Example: Married parents Dela Cruz (father) and Santos (mother) → Legitimate child’s surname: Dela Cruz

B. Illegitimate Children

As a rule, an illegitimate child shall use the surname of the mother.

Example: Mother Santos, Father Dela Cruz, child born out of wedlock, no legitimation/adoption → Child’s surname: Santos

However, RA 9255 carved out an important exception: an illegitimate child may use the surname of the father if specific legal requirements are met (more on this later).

C. Adopted Children

Upon adoption, the child generally takes the surname of the adopter(s). Adoption also affects filiation and may alter legitimacy status for certain purposes. This is usually automatic once the decree or administrative adoption is final and properly registered.

D. Legitimated Children

When an illegitimate child is legitimated by the subsequent valid marriage of the parents (under the Family Code and RA 9858), the child becomes legitimate and correspondingly uses the father’s surname. This involves civil registry annotation.

IV. Main Pathways to Change a Child’s Surname

There are four major pathways to altering a child’s surname in the Philippine context:

Judicial Change of Name (Rule 103 / Rule 108)
Use of the Father’s Surname by an Illegitimate Child (RA 9255)
Change of Surname Incident to Adoption
Change of Surname Incident to Legitimation

We’ll discuss each, including who may file, where, grounds, and effects.

V. Judicial Change of Surname (Rule 103 / Rule 108)

A. When Judicial Change Is Needed

You generally need a court petition when:

The change is not covered by RA 9255, adoption, or legitimation;
You want to substitute the surname with a completely different one (e.g., from “Reyes” to “Rivera” without adoption/legitimation);
You want to correct entries that are not merely clerical, or that involve substantial changes in civil status, filiation, or nationality;
There is no special statute granting an administrative remedy.

B. Rule 103 – Petition for Change of Name

1. Nature of the action Rule 103 is a special proceeding where a person asks the Regional Trial Court (RTC) for a change of name. It is generally judicial in nature and requires showing of proper and reasonable cause.

2. Who may file if the child is a minor?

The petition is filed in the name of the minor child, but the action is brought by:
- The father or mother, or
- The guardian or a duly authorized representative.

3. Where to file

RTC of the province where the minor resides.
The venue is jurisdictional in special proceedings.

4. Contents of the petition Typical allegations include:

Real name and the name sought to be adopted;
Civil status, date and place of birth;
Names and addresses of parents;
Reason(s) for the change;
That the petition is not intended for fraudulent purposes (e.g., to evade obligations, criminal liability).

Include certified copies of relevant civil registry documents (birth certificate, marriage certificate of parents if applicable, etc.).

5. Publication requirement

The order of the court setting the petition for hearing must be published once a week for three consecutive weeks in a newspaper of general circulation in the province.
Publication is a jurisdictional requirement—non-compliance may render the proceedings void.

6. Hearing During hearing:

The petitioner presents evidence of:
- Identity of the child;
- Valid grounds for change of name;
- That the change will not prejudice third persons and is in the child’s best interests.
The Office of the Solicitor General or Office of the City/Provincial Prosecutor usually appears on behalf of the Republic to oppose unwarranted changes.

7. Grounds for change of name

Philippine jurisprudence has recognized grounds such as:

Ridiculous, tainted, or shameful name;
Frequent confusion or mix-ups with another person of the same name;
Name used is different from that in the civil registry and is the one by which the person has been known in good faith for a long time;
Change is necessary to avoid confusion or to conform to custom or religious practice, or to protect the child from social stigma;
Other analogous grounds that are substantial and reasonable, consistent with public interest and the best interests of the child.

Simply “liking another surname better” is not enough.

8. Judgment and civil registry action

If the petition is granted, the RTC issues a decision allowing the change. A certified copy is sent to the Local Civil Registrar (LCR) and the Philippine Statistics Authority (PSA) for annotation on the birth certificate and related civil registry records.

C. Rule 108 – Cancellation or Correction of Entries

Sometimes, what looks like a “change of surname” is actually:

A correction of an erroneous entry, or
Cancellation of an incorrect or fraudulent record, or
Clarification of filiation, legitimacy, or adoption.

In these cases, a petition under Rule 108 may be filed, particularly for substantial corrections (not clerical). The proceeding is adversarial, and all interested parties, including the civil registrar and the Republic, must be impleaded.

Rule 108 is often used when:

There are two conflicting records;
The surname entry does not reflect the true legal status (e.g., adoption decree not reflected);
There are issues of legitimacy/illegitimacy that affect the surname.

VI. Administrative Change of Surname for Illegitimate Children (RA 9255)

A. Core Principle

RA 9255 allows an illegitimate child to use the surname of the father if:

Filiation is established in the manner required by law; and
The father expressly recognizes the child in the manner provided (e.g., in the record of birth, or through a notarized public document);
Other implementing requirements are complied with (e.g., proper affidavits, consent).

The process is largely administrative, through the Local Civil Registrar, not the courts.

B. Who may file?

While the child is a minor:
- Generally, the mother or the person having legal custody initiates the process.
- There are forms and affidavits where the mother’s consent is often required, as she is the one whose surname will be replaced if the child is already using hers.
If the child has reached the age of majority, he or she may personally execute the relevant affidavits in some situations, following the implementing rules.

C. Requirements to use Father’s Surname

Typical core requirements include:

Proof of paternity / recognition, such as:
- Father’s name in the Certificate of Live Birth with his signature;
- A public document where the father expressly recognizes the child as his (e.g., notarized Affidavit of Acknowledgment / Admission of Paternity);
- Other documents allowed by the implementing rules.
Affidavit to Use the Surname of the Father (AUSF)
- A standard form prescribed by the Civil Registrar General that must be properly accomplished and notarized.
Consent of the mother / legal custodian
- Because the surname change affects the minor, the consent of the person exercising parental authority is usually required.
Supporting IDs, PSA copies, and compliance with fees and documentary standards set by the LCR / PSA.

D. Effect of RA 9255 Recognition

Important points:

The child remains illegitimate unless legitimated or adopted;
The law only allows the child to use the father’s surname; it does not confer legitimacy;
Parental authority is usually still with the mother, even if the child uses the father’s surname, unless there are other legal proceedings (e.g., custody cases);
Rights to support and inheritance as an illegitimate child are governed by the Family Code and Civil Code, not by the mere use of the father’s surname.

E. Revocation / Reversion Issues

Key ideas that often arise:

Once the child validly begins using the father’s surname under RA 9255, reverting back to the mother’s surname is not automatic and typically requires another legal basis (judicial or otherwise);
The father cannot casually “take back” his recognition; any move to challenge paternity or the use of his surname typically goes through proper judicial channels and must respect the best interests of the child.

VII. Change of Surname Through Adoption

A. Judicial and Administrative Adoption

Historically, adoption was mainly judicial under RA 8552 (Domestic Adoption Act) and related laws. With RA 11642, many adoptions for Filipino citizens have been shifted to an administrative process via the National Authority for Child Care (NACC), but a judicial route still exists in certain situations.

Regardless of procedure (judicial or administrative), once a final decree of adoption or its administrative equivalent is issued, the adopted child generally assumes the surname of the adopter(s).

B. Effect on Surname

If adopted by a single adopter, the child takes that adopter’s surname.
If adopted by spouses, the child takes the joint family surname (i.e., husband’s surname if the spouses follow common usage where the wife uses the husband’s surname).
The civil registrar annotates the birth certificate to reflect the adoption and the new surname.

C. Relation to Previous Surname

The previous surname (whether of the biological mother or an RA 9255-applied father’s surname) is replaced by the adoptive surname. Adoption creates a new legal filiation, with corresponding rights and obligations.

VIII. Change of Surname Through Legitimation

A. When Legitimation Occurs

Under the Family Code and RA 9858, an illegitimate child may be legitimated by:

The subsequent valid marriage of the parents, provided the child was not disqualified by law from being legitimated (e.g., certain cases involving incestuous or adulterous relationships);
RA 9858 broadened legitimation to cover children whose parents were below marrying age at the time of conception and birth but later validly married.

B. Effect on Surname

Upon legitimation:

The child acquires the status of a legitimate child, with all rights as such;
The child starts using the father’s surname;
The change is implemented through Civil Registry procedures by way of annotation of legitimation on the birth record.

This is a consequence of legitimation, not a separate change-of-name proceeding.

IX. Interaction with RA 9048 and RA 10172

A. What RA 9048 Covers

RA 9048, as amended by RA 10172, allows the City/Municipal Civil Registrar and Consul Generals to administratively:

Correct clerical or typographical errors in entries of civil registry documents;
Change a first name or nickname;
Correct the day and month of birth and sex if the error is clerical or typographical.

B. What It Does Not Generally Cover

RA 9048 does not authorize the substantive change of a surname (e.g., “Reyes” to “Rivera” for policy reasons);
It may allow minor corrections to the surname if the issue is purely clerical/typographical (e.g., misspelling like “Reys” instead of “Reyes”), provided no substantial rights are affected.

For substantive surname changes, you fall back to:

Rule 103 / Rule 108 (judicial); or
RA 9255, adoption, legitimation, depending on the scenario.

X. Practical Scenarios and How the Law Applies

To make things concrete, here are common situations:

Scenario 1: Illegitimate child wants to use father’s surname

Child originally registered using mother’s surname; later, father acknowledges the child and is willing to have the child use his surname.
Pathway:
- If requirements of RA 9255 are met: → File appropriate forms (including AUSF) with the LCR, attach recognition documents, mother’s consent, etc. → Civil Registrar processes and forwards for PSA annotation.
- If recognition is disputed or filiation is unclear: → A judicial proceeding (e.g., to establish paternity or a Rule 103 petition) may become necessary.

Scenario 2: Child’s surname is causing ridicule or confusion

Legitimate or illegitimate child suffers from bullying, ridicule, or identity confusion because of the surname.
Pathway:
- Rule 103 petition for change of name, filed by the parent/guardian on behalf of the minor, arguing substantial and reasonable cause and that the change is in the best interests of the child.

Scenario 3: Child was adopted

Child originally registered under the mother’s surname or under some other legal arrangement, then adopted by a couple surnamed “Garcia”.
Pathway:
- Adoption (judicial under RA 8552 or administrative/judicial under RA 11642, depending on timing and facts).
- Once the decree is final: → Civil registry annotates the adoption; → Child’s surname becomes Garcia.

Scenario 4: Parents marry after child’s birth and child is legitimated

Child born out of wedlock, using mother’s surname “Santos”; parents later validly marry, and the child qualifies for legitimation.
Pathway:
- File legitimation procedure with LCR/PSA following the applicable regulations.
- Once legitimation is annotated: → Child acquires legitimate status and takes the father’s surname, e.g., Dela Cruz.

XI. Role of the “Best Interests of the Child”

Across all these pathways, Philippine courts and authorities lean on the “best interests of the child” as a guiding principle, especially when:

Balancing the rights of biological parents vs. adoptive parents;
Evaluating petitions for judicial change of surname;
Resolving disputes where one parent opposes the change;
Assessing whether a change of surname would harm or help the child socially, psychologically, and legally.

Even when the law technically allows a change, courts (and sometimes registrars) may deny or scrutinize it if it appears primarily aimed at:

Evading legal obligations;
Perpetrating fraud;
Harassing or disowning the child;
Undermining stable identity or the child’s welfare.

XII. Evidentiary and Procedural Concerns

When dealing with surname changes, several recurring issues arise:

Proof of Identity and Filiation
- Birth certificates, marriage certificates, recognition documents, DNA evidence in some cases, school records, baptismal certificates, etc.
Notice and Due Process
- Proper publication (for Rule 103 petitions);
- Notice to the civil registrar and other interested parties (Rule 108 and other proceedings);
- Participation of the Office of the Solicitor General or public prosecutor to represent the State.
Finality and Annotation
- A change of surname isn’t fully effective until properly annotated in the Civil Registry and reflected in PSA records;
- All subsequent civil documents (e.g., passport, school records, IDs) typically rely on the PSA record.
Conflict of Records
- Inconsistent use of surnames in various documents may later require a Rule 108 petition to harmonize records.

XIII. Effects on Other Rights and Status

Changing a child’s surname may interact with but does not always change other legal relations:

Legitimacy / Illegitimacy
- Using the father’s surname via RA 9255 does not make the child legitimate.
- Legitimation or adoption is required for a full change of status.
Parental Authority
- Mother retains parental authority over an illegitimate child even if the child uses the father’s surname (absent court orders altering custody).
Support and Succession
- The child’s right to support and inheritance as an illegitimate or legitimate child follows the Family Code and Civil Code, not merely the surname used.
Citizenship, Nationality
- Surname change does not in itself alter citizenship, though it may affect documentation and proof.

XIV. Practical Tips for Parents and Practitioners

Clarify the goal first
- Do you want the child to have the father’s surname as an illegitimate child? → Check RA 9255 first.
- Do you want full legitimate status? → Explore legitimation or adoption.
- Do you want a completely different surname due to ridicule, safety, or identity issues? → Consider a Rule 103 petition.
Check if an administrative remedy exists
- If the change is clerical, RA 9048 / RA 10172 might be enough;
- If it’s substantive, be prepared for judicial action.
Prepare for time and cost
- Judicial name-change proceedings involve court fees, publication costs, and lawyer’s fees;
- Administrative processes also require fees and multiple visits to LCR/PSA.
Document the child’s best interests
- Especially in judicial petitions, present concrete evidence:
  - School records showing confusion;
  - Psychological and social impact;
  - Evidence of the child’s long and consistent use of a particular surname.
Update all records after approval
- Once the surname is legally changed, systematically update:
  - School records, passport, PhilHealth, SSS, bank accounts (if any), and any official IDs;
  - Ensure uniform use of the new surname to avoid confusion later.

XV. Conclusion

In the Philippine legal system, changing a child’s surname is a carefully regulated process, balancing:

The State’s interest in orderly civil registry and prevention of fraud;
The parents’ rights and obligations;
Most importantly, the best interests of the child.

Practically, a child’s surname can be changed through:

Judicial change of name (Rule 103) or civil registry correction (Rule 108) for substantial changes;
RA 9255 for an illegitimate child wishing to use the father’s surname;
Adoption and legitimation, where change of surname is a natural consequence of the new legal status.

Anyone considering such a change should carefully identify the applicable pathway, ensure compliance with procedural and evidentiary requirements, and always keep at the center of the process the child’s stability, dignity, and long-term welfare.