A comprehensive legal overview

I. Why a Child’s Surname Matters

In Philippine law, a person’s name (given name + middle name + surname) is part of civil status and is generally considered immutable—you don’t change it casually.

But there are important exceptions, especially for children, where a change of surname may be allowed if:

There is a legal ground under statute or case law; and
The change is for the child’s best interests.

For minors, surname issues usually arise because of:

Parents not being married to each other (illegitimacy);
A desire to use or stop using the father’s surname;
Adoption or legitimation;
Clerical errors in the birth certificate;
Difficult or stigmatized surnames.

This article walks through the full landscape of how a child’s surname may be changed under Philippine law—when it’s possible, when it’s not, and what the typical processes look like.

II. Main Legal Sources

Several laws and rules interact here:

Civil Code & Family Code
- Set the default rules on surnames of legitimate and illegitimate children.
Republic Act No. 9048 (Clerical Error Law), as amended by RA 10172
- Allows administrative correction of clerical/typographical errors and change of first name/nickname without court, through the Local Civil Registry (LCR)/PSA.
Republic Act No. 9255
- Allows certain illegitimate children to use the father’s surname administratively, subject to conditions.
Rule on Change of Name and Correction of Entries in the Civil Registry (A.M. No. 02-11-10-SC)
- Governs judicial petitions in trial courts to change names and correct substantial errors in civil registry entries.
Adoption Laws
- Old law: RA 8552 (Domestic Adoption Act).
- Newer framework: RA 11642 (Domestic Administrative Adoption and Alternative Child Care Act) and related rules. Adoption changes the child’s surname to that of the adoptive parent.
Other related laws
- Provisions on legitimation, foundlings, Muslim personal laws, and Supreme Court decisions on name changes.

You always have to see which of these applies to the child’s situation.

III. Default Rules: What Surname Does a Child Get at Birth?

Before talking about “change,” we need the starting point.

1. Legitimate children (parents married to each other)

Under the Family Code, a legitimate child generally:

Uses the father’s surname.
Uses the mother’s surname as middle name (in usual practice/civil registry).

A child is usually presumed legitimate if:

Born during a valid marriage; or
Born within a certain period after its dissolution/termination.

2. Illegitimate children (parents not married to each other)

Under the Family Code (as amended) and RA 9255:

Default rule: An illegitimate child uses the mother’s surname.
Exception under RA 9255: The child may use the father’s surname if:
- Filiation with the father is established (through acknowledgment, legal documents, etc.); and
- The requirements of RA 9255 and its Implementing Rules (AUSF, etc.) are complied with.

Even if the child is allowed to use the father’s surname under RA 9255, the child remains illegitimate. Using the father’s surname does not confer legitimacy nor automatically grant the father parental authority or custody.

3. Legitimated children

If the parents had a marriage that was valid at the time of marriage and they later marry each other (with certain conditions), an illegitimate child may be legitimated, gaining the rights of a legitimate child—including surname rights. The child then generally uses the father’s surname.

4. Adopted children

Through adoption (now primarily under RA 11642):

The child’s birth record is amended, and
The child takes the surname of the adoptive parent(s).

This is a statutory consequence of adoption, not a separate “change name” case.

5. Foundlings and special categories

For foundlings, persons of unknown parentage, and those under special laws (like the Foundling Recognition law, Muslim Code, etc.), special rules apply, but civil registry practice will still require a registered surname, which may later be changed following the general rules.

IV. Types of Surname “Changes” for Children

Not all “changes” are equal. Some are simple corrections, some are status-based (adoption, legitimation), and some are true discretionary changes handled by the courts.

A. Administrative Corrections (RA 9048 / RA 10172)

These are non-judicial, done via the Local Civil Registrar and PSA, and include:

Clerical or typographical errors in the surname
- Examples: “De La Cruz” written as “Dela Curz,” obvious misspelling, transposition of letters, etc.
- The error must be minor and clear from the records.
Change of given name or nickname (not surname)
- RA 9048 explicitly covers first name/nickname, not a substantive change of surname.
Day/month of birth and sex (RA 10172, with conditions)
- Again, not directly about surname but frequently processed together.

⚠️ Important limitation: RA 9048 does not allow a substantive change from one correct surname to another (e.g., from father’s surname to mother’s surname) unless what’s in the record is clearly just a clerical/typographical error.

For genuine surname changes, you usually need either:

RA 9255 (for certain illegitimate children to use the father’s surname); or
A judicial petition under the Rule on Change of Name.

B. RA 9255: Illegitimate Child Using the Father’s Surname

This is the most common real-world issue.

1. When is RA 9255 applicable?

An illegitimate child may use the father’s surname if:

Filiation with the father is properly established (e.g., the father signs the birth certificate, executes a notarized acknowledgment, or other recognized means), and
The father expressly consents through the required process (AUSF, etc.).

The procedure is administrative, done with the Local Civil Registrar (and then annotated by PSA).

2. Typical documentary requirements (high-level)

Exact requirements can vary slightly by LCR, but generally include:

Child’s Certificate of Live Birth (PSA copy);
Evidence of acknowledgment of paternity (e.g., father’s signature in the birth certificate or separate notarized acknowledgment);
Affidavit to Use the Surname of the Father (AUSF), usually signed by:
- The father, and in some cases also the mother (since she has parental authority), and
- Sometimes with the child’s written consent if already of discernible age (check current rules at the LCR);
Valid IDs of parents;
Applicable fees.

The LCR forwards the approved documents to PSA, which then annotates the birth certificate. The child can then use the father’s surname in official transactions.

3. Legal effects of RA 9255 surname use

The child remains illegitimate. Legitimacy is not changed.
Parental authority over an illegitimate child remains with the mother, unless a court or law provides otherwise.
The child has a clearer basis to inherit as an illegitimate child from the father (filiation is documented).
The change is prospective in practice, but records will show the annotation for future reference.

4. Can the child later drop the father’s surname and go back to the mother’s?

RA 9255 does not itself provide a simple administrative “reversion” procedure.

Typically, to revert from the father’s surname back to the mother’s surname, one must:

File a judicial petition for change of name under the Rule on Change of Name; and
Show sufficient grounds, with focus on the child’s best interests (e.g., abandonment, abuse, severe conflict, confusion, or serious damage to the child’s welfare if the father’s surname continues to be used).

Courts will scrutinize this carefully; it is not automatic.

C. Judicial Change of Surname (A.M. No. 02-11-10-SC)

If a surname change is not merely a clerical error and not covered by RA 9255, the usual path is a court petition.

1. When do you go to court?

Typical situations:

Legitimate child wants to use the mother’s surname instead of the father’s.
Illegitimate child wants to change from mother’s surname to a different surname not covered by RA 9255 (e.g., stepfather’s surname without adoption, hyphenated surname, etc.).
A child, legitimate or illegitimate, wants to simplify, correct, or adapt a surname due to:
- Ridicule or social stigma;
- Confusion with another person;
- Long and difficult spelling causing serious problems;
- Long-term continuous use of a different surname in good faith;
- Serious break in relationship with the surname-holder that harms the child.

Courts will look at whether there is proper and reasonable cause and whether the change will not injure the rights of others.

2. Who may file the petition?

For a minor, the petition is normally filed:

By a parent (preferably the one with parental authority), or
By a court-appointed guardian, in some cases.

The child may be required to express his or her wishes, especially if the child is older and capable of forming an opinion.

3. Where to file / venue (high-level)

Generally in the Regional Trial Court (RTC) of:
- The place where the petitioner (or the child) has been residing for a required period, or
- The place where the civil registry record is kept, depending on the specific rule.

There are technical venue and residency rules; these should be checked against the current Rule on Change of Name.

4. Basic procedural outline

Very simplified:

Prepare the verified petition, stating:
- The child’s current name and desired name;
- Facts about birth, parents, civil status, and residence;
- Civil registry details and PSA/LCR references;
- Specific grounds for the surname change;
- Evidence that the change will promote the child’s best interests.
Attach supporting documents, e.g.:
- PSA birth certificate;
- IDs, school records, medical or psychological reports (if relevant);
- Evidence of abandonment, abuse, criminal cases, or other circumstances that justify the change.
File the petition with the RTC and pay docket and other legal fees.
The court orders publication of the petition:
- Typically once a week for three consecutive weeks in a newspaper of general circulation.
Notice to the Local Civil Registrar and other concerned parties (and often the Office of the Solicitor General or the public prosecutor) to appear and oppose if warranted.
Hearing:
- The court receives evidence and may hear the parents, the child, social workers, etc.
Decision:
- If granted, the court orders the LCR/PSA to annotate the child’s birth record with the change of surname.
Implementation:
- Obtain a certified copy of the court decision and the annotated PSA birth certificate;
- Use these to update school, passport, IDs, and other records.

Courts are cautious—name change is not automatic; it must be justified.

D. Surname Changes Via Adoption and Legitimation

These are status-based changes.

1. Adoption

Upon adoption:

The child’s new surname is that of the adoptive parent(s), as mandated by law.
A new or amended birth certificate is issued, reflecting the adoptive parents and the new surname.
The original birth record is generally sealed.

Process details now depend on RA 11642, which has shifted much of domestic adoption into an administrative system (with a National Authority for Child Care), but the effect on surname is consistent: the child is legally placed in the family tree of the adoptive parents, surname included.

2. Legitimation

If legitimation applies (parents eventually marry, and other legal conditions are satisfied):

The child is considered legitimate, with the father’s surname.
The civil registrar/PSA issues appropriate annotations or documents.

V. Special and Sensitive Situations

1. Step-parent surnames without adoption

Common question: “My new husband/partner is the one raising the child. Can the child just take his surname?”

General rule: No, not automatically.
The child can take a step-parent’s surname only through:
- Adoption by the step-parent, or
- Possibly a judicial change of name, if the court is convinced that:
  - The biological parent consents/has been notified;
  - The change will not prejudice parental rights or cause fraud; and
  - It’s truly in the best interests of the child.

Courts handle this with great caution, especially if it appears designed to erase the other biological parent from the picture.

2. Father’s surname but father is not the biological parent

This is complicated and often intersects with:

The presumption of legitimacy (husband is presumed father of children born during the marriage);
Actions to impugn legitimacy, which are subject to strict time limits and specific parties (usually the husband or his heirs).

Changing the surname alone cannot be used to attack or undo legitimacy indirectly. If the child is legally legitimate, there are strong limitations on trying to “correct” the father in the birth certificate.

This kind of case absolutely requires legal advice; it goes beyond simple surname change.

3. Hyphenated surnames and unusual requests

Example: “I want my child to use both my surname and the father’s, hyphenated.”

There is no explicit statute that simply authorizes a hyphenated surname for a minor without process.
Some cases have allowed judicially ordered naming formats that better reflect the child’s circumstances (e.g., double-barreled surnames), where justified.
Without a court order or specific admin guidelines, many LCRs will refuse to register a nonstandard surname format.

Hence, such requests typically fall under a judicial name change petition.

VI. Practical Scenarios (How It Plays Out)

Let’s map typical “goals” to likely processes:

Scenario 1: Illegitimate child wants to start using father’s surname

Check first: Is the father willing to be legally acknowledged and sign an AUSF or equivalent?
If yes:
- Use RA 9255 procedure at the LCR where the birth is registered or where the child resides.
If no:
- You cannot force the father to allow his surname.
- Judicial options are limited, especially if the child remains legally illegitimate and the father denies paternity.

Scenario 2: Illegitimate child using father’s surname wants to revert to mother’s

RA 9255 does not provide an easy “undo” button.
Most likely route: Judicial petition for change of name, showing:
- Father’s abandonment/abuse;
- Severe emotional harm or confusion; and
- That reverting to the mother’s surname is in the child’s best interests.

Scenario 3: Legitimate child wants to use mother’s surname instead of father’s

This cannot be done administratively through RA 9048.
Requires judicial petition for change of name.
Grounds might include:
- Father’s long-term abandonment or abuse;
- Strong emotional/psychological reasons;
- The name causing serious harm to the child’s identity or welfare.
The father must be notified and may oppose.

Scenario 4: Child being adopted by stepfather

Go through adoption (now largely under RA 11642).
Once adoption is granted and recorded, the child’s surname becomes that of the adoptive father.
No separate surname-change case needed.

VII. Effects of Surname Change on Rights and Obligations

Civil status
- A change of surname does not by itself change legitimacy.
- Legitimacy is changed only by legitimation, adoption, or specific rules of law, not by name change.
Parental authority and custody
- Using the father’s surname under RA 9255 does not automatically give him parental authority or custody over an illegitimate child.
- Surname change does not, by itself, change custody arrangements ordered by a court.
Succession/inheritance
- The key is filiation, not the surname alone.
- However, proper recording of filiation and surname can make claims smoother.
Citizenship
- Surname changes do not affect citizenship. Citizenship is based on parentage and law, not the family name used.
Documents and records

After a surname change is legally effective, the child (through the parent/guardian) should:

Secure PSA-certified copies of the annotated birth certificate;
Maintain certified true copies of the court decision (if there is one);
Update:
- School records;
- Passport;
- Government IDs, PhilHealth, SSS (if applicable), GSIS (if applicable);
- Bank accounts, insurance, etc.

During transition, it’s normal for some records to still show the old surname; that’s why official court orders and PSA records are crucial.

VIII. Common Misconceptions

“I can change my child’s surname anytime at City Hall under RA 9048.” ✗ Not accurate. RA 9048 mainly handles first names and clerical errors, not substantive change from one correct surname to another.
“If my illegitimate child uses the father’s surname, the child becomes legitimate.” ✗ False. Legitimacy is separate and governed by other provisions, not RA 9255.
“I can remove the other parent’s surname without telling them.” ✗ In judicial surname changes, the other parent is typically notified and may oppose. Due process applies.
“Changing my child’s surname will cut ties with the father so he can’t enforce visitation.” ✗ Name change alone does not erase biological ties or defeat lawful parental/visitation rights already recognized by a court.
“If my name is changed, my old debts or obligations disappear.” ✗ No. A new name does not erase existing obligations or liabilities.

IX. Best Interests of the Child: The Guiding Principle

Across Philippine jurisprudence and family laws, the dominant theme is:

The best interests of the child prevail.

When courts decide surname-change cases, especially involving minors, they look at:

Emotional and psychological welfare of the child;
Stability and continuity of identity (school, community, family);
The child’s own wishes (especially if old enough to form reasoned preferences);
Relationship with each parent or surname-holder;
Whether the change would confuse, mislead, or harm others.

A parent’s personal conflict with the other parent is generally not enough. Courts will ask: “Is this really for the child, or just for the parent’s feelings?”

X. Final Notes

Child surname change in the Philippines is highly fact-dependent. The same law can lead to different outcomes depending on the specific family situation and evidence.
Some paths are administrative (RA 9048, RA 9255, adoption procedures); others require a full-blown court case under the Rule on Change of Name.
Because this touches on status, family relationships, inheritance, and identity, it is wise to:
- Consult the Local Civil Registrar where the child’s birth is registered; and
- Seek advice from a Philippine lawyer experienced in family law before filing anything.

This overview is intended for general information only and does not replace formal legal advice tailored to a specific case.