Here’s a practical, everything-you-need-to-know guide to fixing the parents’ marital status on a child’s Philippine birth certificate. This is written for non-lawyers but tracks the actual rules agencies and courts follow.

Why this matters

The “parents married?” line (and related boxes like date/place of marriage or the mother’s civil status) affects:

whether the child appears legitimate or illegitimate on the record,
the child’s surname rules, custody presumptions, support and succession rights,
whether you’ll need a simple administrative correction or a court case.

The legal backbone (so you know what gate you’re knocking on)

Act No. 3753 (Civil Registry Law) – creates the civil registry system.
Family Code – rules on marriage, filiation, legitimation (Articles on 164–182).
Rule 108, Rules of Court – judicial petitions to cancel/correct civil registry entries (used for substantial changes, especially those that affect status).
R.A. 9048 (and its IRR) – lets the Local Civil Registry (LCR) or a Consul General correct clerical/typographical errors and change a first name without going to court.
R.A. 10172 – extends R.A. 9048 to clerical errors in day/month of birth and sex (if merely clerical).
R.A. 9255 – how illegitimate children can use the father’s surname if paternity is acknowledged (relevant when the marital-status box is “not married”).
PSA (Philippine Statistics Authority) issues the implementing rules and receives annotated records; LCRs make first-instance decisions for admin petitions.

Golden rule: If the correction will change, or obviously affects, the child’s civil status (from “born of married parents” to “not married,” or vice versa), expect to need Rule 108 in court. If it’s a pure clerical slip that doesn’t change status, R.A. 9048/10172 may suffice.

Quick triage: which path do you take?

Purely clerical (no change in civil status outcome)

Examples: wrong spelling of spouse’s name; mis-typed place of marriage; marriage date is off by a day but still before birth (child remains legitimate either way); a clearly mis-ticked box contradicted by consistent documents.
Remedy: Administrative correction under R.A. 9048 (LCR or Consulate).
Output: PSA issues an annotated birth certificate.

Substantive – flips or determines status

Examples: record says “not married” but parents were already married when the child was born; record says “married” but in truth they were not married at that time; changing marriage date from after birth to before birth; fixing “married” where the supposed marriage is void or bigamous.
Remedy: Judicial correction under Rule 108 (Regional Trial Court).
Notes: If you’re saying the parents’ marriage is void, courts usually require a decree of nullity first; mere allegations won’t do.

Parents married each other after the child’s birth

Separate mechanism: Legitimation by subsequent marriage (Family Code).
Effect: Child becomes legitimate retroactively if at conception/birth the parents had no legal impediment to marry each other.
How: File legitimation with the LCR; PSA annotates the birth record (this isn’t a “correction” of the old entry so much as an annotation changing status by operation of law).

Illegitimate child wants father’s surname without changing marital status

Tool: R.A. 9255 (Acknowledgment + Affidavit to Use the Surname of the Father).
Note: This does not make the child legitimate and does not mark the parents as married.

Path A — Administrative correction (R.A. 9048 / 10172)

Use this only when the mistake is clerical/typographical and does not alter civil status.

Who may file

The person whose record is being corrected, or a parent/guardian/spouse/child/sibling, or a duly authorized representative.

Where to file

LCR of the place of birth (or where the record is kept).
If the record was made abroad (via a Philippine Foreign Service Post), file at that Consulate/Embassy or as directed by PSA.

Core documents (typical)

PSA-issued copies of the birth certificate (SECPA).
Proof supporting the correct data: PSA marriage certificate or advisory on marriages, IDs, church or civil marriage records, hospital/clinic records, school records, prior government IDs, and sworn affidavits explaining the error (often including two disinterested witnesses).
Duly filled Petition for Correction form, passport-size photos, valid IDs.

Fees & timeline

LCRs charge statutory fees (R.A. 9048 clerical corrections are typically lower than Rule 108 cases); LGU add-ons vary.
The LCR usually posts the petition for 10 consecutive days; processing can run weeks to a few months depending on workload and completeness.

Result

The LCR issues a decision and forwards for final coding. PSA then releases an annotated birth certificate reflecting the correction. The original entry remains, but an annotation explains the fix.

When admin correction will be refused

If your request affects civil status (e.g., would convert an “unmarried” indication to “married” as of birth) or hinges on whether a marriage is valid/void. That’s for Rule 108.

Path B — Judicial correction (Rule 108, RTC)

Use this when the change affects status or requires resolving substantive facts (e.g., whether the parents were married at the time of birth, whether the marriage is void, whether the date of marriage precedes birth).

When it’s the right path

To change the record from “not married” to “married” (or vice versa) as of the child’s birth.
To correct a marriage date in a way that changes legitimacy (e.g., from after birth → before birth).
To remove or add a spouse’s details where doing so alters legitimacy.
To align the birth record after a decree of nullity/annulment shows the earlier “married” entry was premised on a void or voidable union.

Steps (high-level)

Hire counsel (strongly advised). Prepare a verified petition under Rule 108 in the RTC where the LCR sits.
Implead all indispensable parties: the Local Civil Registrar, PSA, the parents, the child (if of age), and any person whose rights are affected (e.g., another spouse in bigamy issues), plus the Office of the Solicitor General/City Prosecutor.
Publication & notice. The court orders publication and sets hearings; it’s an adversarial proceeding.
Evidence. Present PSA certificates (birth, marriage, CENOMAR/advisory), church/civil marriage records, hospital/school records, decree of nullity/annulment if relevant, affidavits, and where appropriate DNA or other proofs of filiation.
Decision & implementation. Upon a grant, the court orders the LCR/PSA to annotate/correct the record. You then request PSA SECPA copies showing the annotation.

Notes that save time

Saying “the marriage is void anyway” is not enough—courts usually require the separate decree of nullity to exist before they’ll alter civil registry entries anchored on it.
Rule 108 isn’t a workaround to litigate filiation or support indirectly; keep the petition tightly focused on the civil registry entry you need corrected.

Legitimating a child after the parents marry (Family Code)

If the parents married each other after the child’s birth, and at the time of conception/birth there was no legal impediment for them to marry, the child may be legitimated.

How it works

File for legitimation at the LCR where the birth is registered.
Submit: PSA marriage certificate, child’s PSA birth certificate, joint affidavit of legitimation (or by the surviving parent with the other’s death certificate), valid IDs.
Effect: The child becomes legitimate retroactively to birth. PSA annotates the birth certificate (e.g., “Legitimated by Subsequent Marriage”).
If the father wasn’t previously on the record, you may need an Admission of Paternity and/or to harmonize the surname entry.

Not available if a legal impediment existed at conception/birth (e.g., one parent already had a subsisting marriage). In that case, consider R.A. 9255 for surname use, but legitimacy will not change.

Using the father’s surname when parents weren’t married (R.A. 9255)

Relevant when the marital-status entry is (correctly) “not married.”

Essentials

Needs the father’s acknowledgment (e.g., Admission of Paternity) and an Affidavit to Use the Surname of the Father (AUSF).
Processed administratively at the LCR; PSA annotates the birth certificate.
This does not convert the child to legitimate status. It also doesn’t change the parents’ marital-status entry.

Foreign marriages & births abroad

Parents married abroad before birth: First report/record the foreign marriage (Report of Marriage) through the Philippine Foreign Service/PSA. If the child’s birth record says “not married” because the ROM didn’t exist yet, changing the child’s birth record to reflect “married as of birth” typically requires Rule 108 if it alters status.
Child born abroad: Corrections depend on where the record is kept—often the Philippine Consulate that registered the birth, or the LCR Manila/PSA. Same rule: clerical vs. status-affecting.

Special communities & edge cases

Muslim Filipinos (P.D. 1083, Code of Muslim Personal Laws): Some matters fall under Shari’a court jurisdiction. Procedure and proofs can differ (e.g., polygynous marriages recognized under the Code). Coordinate with the Shari’a District Court and the LCR/PSA.
Adoptions/simulated births: Different statutes apply (e.g., Domestic Adoption Act, Simulated Birth Rectification Act). These are not marital-status corrections and follow separate tracks.
Parents’ later separation/annulment/divorce: This does not change the marital status at the time of birth. You can’t “backdate” the effect on the child’s record.

Evidence that tends to carry weight

PSA SECPA copies (birth, marriage, CENOMAR/advisory, death).
Original civil/church marriage registers, marriage license, certificate.
Hospital records (admission/certificates), baptismal records, school records.
Court decrees (nullity/annulment/recognition of foreign judgment).
DNA (when filiation is in issue—more common in surname/filiation disputes than in pure marital-status corrections).
Affidavits (parent(s), disinterested witnesses) explaining the error and continuity of identity.

Practical pitfalls (and how to avoid them)

Using admin correction for a status change. If it flips the legitimacy outcome, the LCR will deny or PSA will bounce it. File Rule 108 instead.
No decree of nullity but asking the birth record to treat the marriage as void. Courts/LCRs won’t do it.
Conflicting documents (e.g., multiple marriage dates). Reconcile first; get certified copies from the issuing office and explain discrepancies in sworn form.
Expecting the old entry to vanish. Civil registry works by annotation; the history remains visible.
Perjury/falsification risk. Sworn statements and falsified civil registry documents expose you to criminal liability.

Step-by-step checklists

If you believe it’s clerical (R.A. 9048/10172)

Get recent PSA SECPA copies of the child’s birth cert and the parents’ marriage cert/advisory.
Gather corroborating records (church/civil marriage, IDs, hospital/school docs).
Fill out the LCR petition form; prepare affidavits (with two disinterested witnesses if asked).
File at the LCR; pay fees; comply with 10-day posting and any evaluation.
Track issuance of the LCR decision; then request PSA annotated copies.

If it will change status (Rule 108)

Consult counsel; compile PSA records plus any decree of nullity/annulment (if relevant).
File a Rule 108 petition in the RTC where the LCR is.
Make sure all necessary parties are impleaded; comply with publication/notice.
Present evidence at hearing; secure the court order.
Have the LCR/PSA annotate; request PSA annotated copies.

If parents married after birth (Legitimation)

Verify there was no legal impediment at conception/birth.
File legitimation with the LCR (marriage cert + birth cert + affidavit).
Obtain PSA annotated certificate showing legitimation.

FAQs

1) Can I change “not married” to “married” with just our marriage certificate? Only if doing so doesn’t change the child’s civil status (rare). Usually this does change status, so you need Rule 108.

2) The marriage was void; can I correct the record to “not married” right away? Not without a court decree declaring it void. After that, proceed under Rule 108.

3) Will this change the child’s surname automatically?

Legitimation generally aligns the surname with legitimacy.
R.A. 9255 can put the father’s surname on an illegitimate child but does not make the child legitimate.
A status-changing correction may require separate surname alignment steps depending on your facts.

4) How long will this take? Admin petitions: weeks to months; Rule 108: months (varies widely by court/LCR workload).

5) Can I do this if the record is from abroad? Yes—work through the Consulate that recorded it or per PSA directions; the same clerical vs. status rule applies.

Bottom line

Use R.A. 9048/10172 for clerical fixes that don’t affect legitimacy.
Use Rule 108 for anything that changes or determines status (including the practical effect of a “parents married?” correction).
If parents married after birth and had no impediment at conception, consider legitimation.
For surname issues when parents were not married, R.A. 9255 may be the right tool.

This is general information, not a substitute for tailored legal advice. If your situation involves a void/voidable marriage, competing dates, or cross-border facts, consult counsel to pick the cleanest path and evidence set.