Child’s Surname Change – From Mother to Father Under Republic Act No. 9255
(Philippine legal context, comprehensive guide)
1. Legislative Background
| Instrument | Date | Key Point |
|---|---|---|
| Article 176, Family Code | 1987 | Illegitimate child “shall use the surname of the mother.” |
| R.A. 9255 – “An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose Article 176 of the Family Code” | 23 Jan 2004 (took effect 13 Feb 2004) | Gives an illegitimate child the option to use the father’s surname provided the father has expressly or impliedly recognized paternity. |
| Admin. Order (A.O.) No. 1-2004 (later consolidated in A.O. 1-2012 of the PSA) | 04 May 2004 | Implementing Rules & Regulations (IRR) + Affidavit to Use the Surname of the Father (AUSF) form and detailed procedure. |
Core principle: The law confers a personal right on the child; it does not affect civil status (legitimacy), but merely the surname appearing in the Civil Registry.
2. Who May Avail
- Illegitimate children only – born out of wedlock and not subsequently legitimated or adopted.
- Paternity must be acknowledged in any of the forms allowed by law (see § 3).
- The child may have been born before or after R.A. 9255 (the statute is retroactive, Grande v. Antonio, G.R. 206248, 18 Feb 2014).
3. Forms of Paternal Recognition Acceptable Under R.A. 9255
Recognition may be express or implied and must be evidenced by at least one of the following authentic writings (derived from Art. 172 [2] & the IRR):
| Recognition Mode | Typical Evidence |
|---|---|
| (a) Registration-based – Father signs as informant on the child’s Certificate of Live Birth (COLB). | Original COLB with father’s signature. |
| (b) Public document expressly recognizing the child. | Notarized Acknowledgment of Paternity, Deed of Recognition, or Consular report. |
| (c) Private handwritten instrument signed by the father acknowledging paternity. | Letter, diary entry, or AUSF executed solely by father. |
| (d) Judicial finding of paternity (e.g., filiation case) | Certified final judgment. |
| (e) Any authentic writing – catch-all category (administrative or corporate records, sworn statements). | |
| (f) DNA evidence coupled with father’s written consent to surname change (per PSA Circular 2016-12). |
Absence of the father’s participation bars administrative change; the remedy then is a court action to prove paternity and affiliation under Art. 172–173 of the Family Code, after which the COLB is amended per R.A. 9255.
4. Age-Sensitive Filing Rules
| Age of Child at Filing | Who Signs the AUSF | Consents Needed |
|---|---|---|
| 0–6 years | Mother (or guardian) | None |
| 7–17 years | Child + written consent of mother/guardian | |
| 18 years & above | Child alone | None |
Rationale: The option belongs to the child, but a minor needs protection of parental consent.
5. Documentary Requirements
- Accomplished AUSF (3 originals).
- Public/ authentic writing showing paternal recognition (see § 3).
- Certified true copy of the child’s COLB (with “For RA 9255” annotation box unmarked).
- Valid IDs of signatories (mother, father if appearing, child if 7 +).
- Notarization & documentary stamp tax.
- Processing fee (₱1,000 to Local Civil Registrar; ₱50–75 to PSA for endorsement).
- If filed through a representative: Special Power of Attorney.
6. Where & How to File (Administrative Route)
| Step | Venue / Office | Action |
|---|---|---|
| 1 | Local Civil Registrar (LCR) of the city/municipality where the birth was registered or where the record is kept. | Submit AUSF + supporting docs; pay fees. |
| 2 | LCR performs pre-evaluation (completeness, authenticity). | |
| 3 | If in order, LCR annotates “The surname of the child is changed to ____ pursuant to R.A. 9255” on the COLB margin and forwards an annotated copy + packet to the Office of the Civil Registrar General (OCRG/PSA) for approval. | |
| 4 | OCRG issues a Certificate of Finality / Authority to Annotate; returns packet to LCR. | |
| 5 | LCR releases newly annotated COLB to the petitioner and transmits copy to the PSA database. |
Timeframe: 2–3 months on average, but varies per locality.
Denial / Contested Cases: LCR denials may be appealed to the Civil Registrar-General within 15 days; adverse CRG rulings are reviewable by the Secretary of Justice and ultimately by petition for review to the Court of Appeals under Rule 43.
7. Court Route – When Needed
| Scenario Requiring Court Action | Usual Remedy |
|---|---|
| Father refuses or cannot give authentic recognition. | Action to Compel Recognition (filiation case) under Arts. 172–173, Family Code. |
| Authentic document is lost or questionable. | Special proceedings under Rule 108 (Cancellation/Correction of Entries). |
| Conflicting claims or opposition by interested parties (e.g., father’s legitimate family). | Rule 108 petition or ordinary civil action. |
All final court orders are transmitted to the LCR for annotation, following PSA Circular 2016-13.
8. Effect of the Change
- Surname: Father’s surname becomes the last name; mother’s surname becomes the middle name (Grande v. Antonio).
- Civil status: Remains illegitimate unless subsequently legitimated (Art. 177) or adopted.
- Parental authority: Still vested in the mother (Art. 176, last paragraph) unless the parents agree otherwise or the court awards shared authority.
- Successional rights & support: Already available to an acknowledged illegitimate child under Arts. 887 & 176; RA 9255 does not enlarge nor diminish them.
- Travel documents, school records, bank accounts: Must be updated once the annotated birth certificate is issued.
Caveat: Switching to the father’s surname does not preclude the child from later opting to legitimation by subsequent marriage or adoption – but the annotated COLB must again be updated to reflect the new status.
9. Relationship with Other Laws
| Related Law | Interaction |
|---|---|
| R.A. 9048 & R.A. 10172 (Administrative correction of clerical errors, change of first name, sex, birth date) | Procedures are often consolidated with RA 9255 petitions, but the legal basis is distinct. |
| Legitimation (Arts. 177-179, Family Code) | If parents marry, the child becomes legitimate and automatically bears the father’s surname; RA 9255 annotation is subsumed. |
| Domestic Adoption Act (Rep. Act 8552) / Simulated Birth Rectification Act (Rep. Act 11222) | Adoption creates a new birth record; prior RA 9255 annotation becomes moot. |
| Republic Act 11862 (Expanded Anti-Trafficking) & Child Passport Regulations | Annotated COLB under RA 9255 plus father’s consent may ease issuance of passports, but BI/ DFA still apply standard safeguards. |
10. Jurisprudence Snapshot
| Case | G.R. No. | Date | Doctrine |
|---|---|---|---|
| Grande v. Antonio | 206248 | 18 Feb 2014 | RA 9255 has retroactive effect; mother’s surname becomes middle name of the child upon change. |
| Silvosa v. Court of Appeals | 120203 | 20 Mar 2013 | Recognition need not be simultaneous with birth; it may be made later by authentic writing. |
| CBC v. Cabatingan | 211706 | 29 Jan 2019 | RA 9255 is a special law governing surname of illegitimate children; Rule 108 is suppletory when substantial issues exist. |
| Finarda v. Simon | 208245 | 15 Apr 2015 | Distinguishes between change of surname under RA 9255 and correction under RA 9048; proper remedy depends on grounds alleged. |
| E.R.C. (a minor) v. Alberta | 143276 | 12 Jun 2008 | Father’s implicit recognition in COLB is enough; no separate affidavit required. |
11. Frequently Encountered Issues
“The father is abroad and cannot appear.” Solution: Secure a consularized AUSF or recognition document; apostille suffices if from an Apostille Convention state.
“The child already uses the father’s surname informally.” Risk: School or bank records may be questioned; formal annotation prevents future legal friction.
“Father’s first marriage is still subsisting – can we still use his surname?” Yes., Legitimacy is unaffected; however, be mindful of possible opposition in Rule 108 proceedings if property or succession is at stake.
“Can the surname be changed back to the mother’s later?” Technically yes, by the same RA 9048 route (treated as a change of surname) but the PSA discourages multiple alterations absent compelling reason.
“What if the father dies before executing recognition?” Heirs may not sign an AUSF. The child must file an action to prove filiation and present the final judgment to the LCR.
12. Practical Tips & Best Practices
- Gather multiple proofs of paternity to withstand scrutiny.
- Check spelling of names; RA 9048 corrections can run parallel but double fees apply.
- Photocopy everything before submission; PSA retains originals.
- Follow-up with the PSA after 3 months; delays often stem from missing documentary stamp tax or incomplete ID specimens.
- For OFWs, the Philippine Consulate can act as LCR for births abroad (Art. 7, Civil Registry Law).
13. Conclusion
R.A. 9255 places surname choice in the hands of an illegitimate child, balancing two constitutional values: (1) protection of the family and (2) best interests of the child. The procedure is intentionally administrative, simple, and inexpensive, yet firmly rooted in the child’s right to identity. Understanding the statute’s requirements, limits, and interaction with related family-law doctrines ensures that parents, children, and practitioners can navigate surname changes efficiently while avoiding unintended legal consequences.
Annex – Sample Affidavit to Use the Surname of the Father (AUSF)
(boiler-plate language from PSA A.O. 1-2012 omitted for brevity; available at any LCR/PSA outlet)