This guide explains every common pathway for having a child’s surname reflect the father’s on the Philippine civil registry record (Certificate of Live Birth/PSA copy). It distinguishes administrative remedies you can do at the Local Civil Registry Office (LCRO) from court actions, clarifies who may file, what documents are typically required, where to file, and the legal effects and limits of each route.

⚠️ Important orientation A child’s surname on the civil registry is governed by status (legitimate/illegitimate), recognition/filiation, and whether the issue is a clerical error versus a substantive change. Administrative correction is possible for clerical matters; changes that alter civil status or filiation require court proceedings.

1) Legal Bases (at a glance)

Family Code of the Philippines (rules on legitimacy, filiation, and surnames of legitimate and illegitimate children; legitimation by subsequent marriage).
Republic Act (RA) 9048 (as amended by RA 10172) — administrative correction of clerical/typographical errors and change of first name (and certain items like day/month of birth or sex if clearly clerical).
RA 9255 — allows an illegitimate child to use the father’s surname if the child is recognized by the father and the formal requirements are met; does not confer legitimacy or transfer parental authority.
Rule 108, Rules of Court — judicial correction/cancellation of substantial entries in the civil registry (e.g., changes tied to filiation, disputes, or when administrative remedies do not apply).

2) Identify Your Scenario

A. The child is legitimate (parents were married at the time of birth)

The child’s legal surname is ordinarily the father’s.
If the PSA record already names the father but the surname is misspelled or mis-entered, that’s usually a clerical/typographical error fixable administratively under RA 9048/10172.
If the record wrongly reflects a different father or legitimacy is being challenged, this is substantive (filiation/status) and generally requires a Rule 108 court petition.

B. The child is illegitimate (parents not married at the time of birth)

There are four main sub-paths:

Father already expressly acknowledged the child (e.g., signed the Certificate of Live Birth’s “Affidavit of Acknowledgment/Admission of Paternity” or executed an Acknowledgment later), but the record shows the mother’s surname.
- You may pursue RA 9255 processing to use the father’s surname without going to court, so long as documentary requirements are satisfied.
Father is willing now to recognize/admit paternity and consent to the child’s use of his surname.
- You can complete the acknowledgment (if not yet on record) and file the RA 9255 application with the LCRO.
Parents later married each other after the child’s birth (possible legitimation by subsequent marriage, if legally allowed under the Family Code as amended).
- If legitimation applies, the child becomes legitimate and the surname follows the father. The LCRO processes legitimation (documentary and annotation procedure). Some cases still require court action if there are complications.
Father refuses to recognize, is deceased, or there’s a dispute about paternity.
- Changing the surname to the father’s generally requires a judicial action to establish paternity/filiation (and then a Rule 108 petition to correct the record on the strength of the judgment). Evidence may include documents, testimony, and—where available and ordered—DNA test results.

3) Administrative Routes (No Court)

Route 1: Clerical/Typographical Error (RA 9048/10172)

Use this when the father is correctly identified in substance but the surname entry is obviously a clerical error (misspelling, a letter dropped, wrong capitalization, etc.).

Who may file: The child (if of age), the parents, or an authorized representative. Where: LCRO of the place of birth (or via “migrant petition” at the LCRO where you reside, which then routes to the LCRO of birth). Core papers (typical):

PSA birth certificate (latest copy showing the error).
Valid IDs of petitioner.
Documentary proof of correct spelling/entry (e.g., parents’ IDs, father’s birth certificate, marriage certificate if applicable, school/baptismal/medical records showing the consistent correct surname). Outcome: LCRO issues an annotation on the civil registry entry; PSA later releases a certified copy with annotation. Notes: This remedy cannot change filiation or legitimacy; it only fixes clerical mistakes.

Route 2: Use of the Father’s Surname for an Illegitimate Child (RA 9255)

If the child is illegitimate and you want the child to use the father’s surname, RA 9255 allows it if the father recognizes the child and procedural requirements are met.

Essentials you need to know:

Recognition: The father must have admitted/acknowledged paternity, either by signing the Affidavit of Acknowledgment/Admission of Paternity (AAP) on/after registration, or by a later public instrument. If no prior acknowledgment exists, one must be executed now.
Affidavit/Consent to Use the Father’s Surname: Commonly called the AUSF. For a minor, the mother’s consent is typically required. If the child is of sufficient age and discernment (often treated as 7 and above) or already 18+, the child’s personal consent is also required. (Exact consent mechanics are set out in the IRR and LCRO practice—your LCRO will provide the prescribed forms.)
Effect: Using the father’s surname does not:
- make the child legitimate,
- change parental authority (for an illegitimate child, it generally remains with the mother), or
- affect succession rules beyond what the law already provides for illegitimate children.

Who may file: Typically the mother (for a minor), the child (if of age), or an authorized representative with special authority. The father will sign the acknowledgment if not yet on record and may be required to appear for identity verification. Where: LCRO of birth (or via migrant petition through your current LCRO). Core papers (typical):

Latest PSA birth certificate.
AAP (if not already on file) or other valid acknowledgment by the father.
AUSF (mother/child as applicable, using LCRO forms).
Valid IDs of the parties; supporting documents as may be required by the LCRO. Outcome: LCRO annotates the birth record; PSA issues a new annotated copy reflecting use of the father’s surname.

Route 3: Legitimation by Subsequent Marriage (Administrative, if applicable)

If both parents later marry each other and the legal conditions for legitimation are satisfied, the child becomes legitimate by operation of law, and the surname follows the father.

Who may file: Parents or the child (if of age). Where: LCRO where the birth was registered (or via migrant process). Core papers (typical):

PSA birth certificate of the child.
PSA marriage certificate of the parents.
IDs and LCRO forms for legitimation. Outcome: LCRO annotates the birth record with legitimation, and the surname reflects legitimacy (father’s). Note: If there were legal impediments that make legitimation unavailable, you may need a court action instead.

4) Judicial Routes (When Administrative Remedies Don’t Apply)

Route 4: Petition to Establish Paternity/Filiation + Rule 108 Correction

Use this when:

The father refuses to recognize, is absent/deceased, or recognition is contested;
The change would effectively alter filiation or civil status; or
The LCRO denies administrative processing because the issue is not clerical.

Process (overview):

File a court action to establish paternity/filiation (with evidence—documents, testimony, and, where ordered, DNA testing).
Upon a final judgment recognizing paternity (or otherwise directing correction), file a Rule 108 petition (or the court may already grant Rule 108 relief in the same case) to correct the civil registry entry.
The LCRO enforces the final court order and PSA issues the corrected/annotated birth certificate.

Counsel: This route requires a lawyer; it is adversarial and evidentiary.

5) Practical Filing Details

Where to start: Always begin at the LCRO of the child’s place of birth. If residing elsewhere, ask about a migrant petition (your current LCRO forwards your papers).
Processing & fees: Each LGU sets administrative fees and timelines vary by workload and case complexity. Ask the LCRO cashier/processor for the current schedule of fees and expected processing flow.
Identification & presence: Bring government-issued IDs; parties who must sign (father/mother/child) are typically required to appear for identity verification and to sign LCRO prescribed forms.
PSA issuance after approval: After LCRO approval and transmission, request a new PSA-certified copy; it will usually show an annotation describing the change (e.g., RA 9255 use of the father’s surname; RA 9048 correction; legitimation). Keep both the annotated PSA copy and the LCRO approval documents for future transactions.

6) Documents You’ll Commonly Encounter

PSA Birth Certificate (latest copy).
Valid IDs (parents/child).
AAP (Affidavit of Acknowledgment/Admission of Paternity) — signed by the father (if not already done at birth).
AUSF (Affidavit to Use the Surname of the Father) — consent instrument used in RA 9255 processing (mother’s consent for minors; the child’s consent when of sufficient age/if already of age).
Supporting records for clerical corrections (school, medical, baptismal records; parents’ civil registry documents; IDs).
PSA Marriage Certificate (for legitimation).
Court documents (if using the judicial route): petition, evidence, and final judgment.

Your LCRO will supply the prescribed forms and the current checklist applicable to your case.

7) Effects, Limits, and Common Misconceptions

Surname vs. Legitimacy: Using the father’s surname under RA 9255 does not make the child legitimate; it only authorizes the surname change.
Parental Authority: For an illegitimate child, parental authority remains with the mother unless a court grants otherwise. RA 9255 does not transfer parental authority to the father.
Child Support & Custody: Surname changes do not determine custody or support. These are separate matters that can be agreed upon or adjudicated in court.
Middle Name/Second Surname Issues: Rules on middle names for illegitimate children and post-RA 9255 records are technical and have evolved. Many LCROs do not enter a middle name for an illegitimate child; practices vary regarding using the mother’s surname as a middle name. Ask your LCRO for the format they implement under the latest circulars/IRR.
Travel/Passport/School Records: After PSA annotation, update the child’s passport, PhilID, school, bank, and government records to avoid inconsistencies. Bring the annotated PSA and the LCRO approval when you update records.
If the father is abroad: He may execute the required affidavits before a Philippine embassy/consulate (or via apostilled documents, if applicable). Confirm exact form and legalization requirements with the LCRO before sending papers.

8) Step-by-Step Checklists

A. RA 9255 (Illegitimate child → Use father’s surname)

Visit LCRO; explain you will apply under RA 9255.
Secure checklist & prescribed forms (AAP/AUSF).
Prepare IDs and PSA birth certificate; father appears to sign/affirm acknowledgment if not on record.
Execute AUSF (mother for minors; child if of age, plus child’s consent where required).
File, pay fees, and comply with any LCRO postings/notices.
Await LCRO approval/transmittal; then request PSA annotated copy.

B. RA 9048/10172 (Clerical error in father’s surname)

Visit LCRO; state you seek clerical correction under RA 9048/10172.
Submit latest PSA copy, IDs, and supporting proofs (consistent records showing the correct spelling).
Fill out petition; pay fees; comply with posting (if required).
After approval/transmittal, obtain PSA annotated copy.

C. Legitimation by Subsequent Marriage (if applicable)

Verify that legitimation is allowed on your facts.
File legitimation papers at LCRO with PSA birth & PSA marriage certificates.
After approval/transmittal, obtain PSA annotated copy showing legitimation and surname per legitimacy.

D. Judicial Route (if disputed/no recognition)

Consult counsel; assess evidence for paternity/filiation.
File civil action to establish paternity; obtain final judgment.
Pursue Rule 108 correction/annotation based on the judgment.
Present court orders to LCRO; obtain PSA corrected/annotated copy.

9) FAQs

Q: Can I switch the child’s surname to the father’s without the father’s signature? A: Not administratively. If the father won’t recognize, you must consider a court action to establish paternity; the surname entry follows only after a judgment and Rule 108 correction.

Q: Will RA 9255 make the child legitimate or give the father custody? A: No. RA 9255 only addresses the use of the father’s surname. Legitimacy, custody, and support are separate legal questions.

Q: What if the father’s surname on the record is just misspelled? A: If the father is already the recorded father and it’s clearly a clerical error, use RA 9048/10172 at the LCRO.

Q: Do I need a lawyer for RA 9255 or RA 9048 petitions? A: No (they are administrative), though some families still consult counsel for tricky facts. You do need a lawyer for court actions.

Q: How long will it take and how much will it cost? A: Varies by LCRO and the route used; ask your LCRO for the current fees and processing timeline.

10) Smart Tips

Bring originals and photocopies of all IDs and supporting documents.
Coordinate early if any party is abroad (consular notarization/apostille may be needed).
Keep multiple PSA copies of the annotated record; many agencies require their own copy.
For minors, prepare for both parents’ presence if possible; where not possible, ask the LCRO about special power of attorney or alternative arrangements.

Bottom Line

If the issue is clerical, fix it via RA 9048/10172.
If the child is illegitimate and the father will recognize, use RA 9255 at the LCRO.
If the parents marry later and legitimation is legally available, process legitimation administratively.
If there’s no recognition or a dispute, you’ll need a court judgment first, then a Rule 108 correction.

Your starting point for any of these is the Local Civil Registry Office that keeps the record. They will hand you the exact forms, the current checklist, and the fees applicable to your case.