How an 18-Year-Old Can Change Her Surname to Her Mother’s in the Philippines

A practical, everything-you-need-to-know guide in Philippine law and procedure

Big picture

Changing the surname that appears on your PSA birth certificate is about changing a civil-status entry. In the Philippines, surname rules depend on filiation (legitimate vs. illegitimate) and on what’s already printed on your birth record. For an 18-year-old who wants to carry her mother’s surname, there are three common situations:

Your PSA birth certificate already bears your mother’s surname. You don’t need a change of name—just use it consistently. (If some ID or school record shows a different surname, fix those records, not the birth certificate.)
You are an illegitimate child whose PSA birth certificate bears your father’s surname (because he acknowledged you). You now want to revert to your mother’s surname. This typically requires a judicial petition for change of name under Rule 103 of the Rules of Court (court process), because changing a surname isn’t covered by the usual administrative (civil registrar) corrections.
You are a legitimate child (your parents were married to each other when you were born) and you wish to use your mother’s surname instead of your father’s. This is legally more difficult and also pursued through Rule 103. Courts scrutinize this closely because it can affect family-law presumptions tied to the father’s surname.

The rest of this article explains the legal bases, options, documents, and step-by-step process.

Legal foundations (in plain English)

Family Code & R.A. 9255 (amending Art. 176): Illegitimate children ordinarily bear the mother’s surname. If the father expressly acknowledges the child (e.g., Affidavit of Acknowledgment/Admission of Paternity and corresponding entries on the birth record), the child may use the father’s surname. The use of the father’s surname is permissive, not mandatory—but how you effect a change on the PSA record still matters procedurally.
R.A. 9048 (as amended by R.A. 10172): Lets civil registrars administratively correct clerical/typographical errors and change a first name/nickname, and correct day/month of birth or sex if it’s clearly a clerical error. It does not allow changing a surname as a matter of preference or life choice. (Surname changes generally remain judicial.)
Rules of Court—Rule 103 (Change of Name) & Rule 108 (Cancellation/Correction of Entries): When you need to change the surname on your PSA record (and it’s not just a typo), you ordinarily file a petition in the Regional Trial Court (RTC) where you live. The court requires publication and a hearing, and you must show proper and reasonable cause for the change.

Key takeaway: If your PSA shows your father’s surname and you now want your mother’s, assume you’ll need a court order (Rule 103), unless the local civil registrar tells you it squarely fits a clerical error (rare for surnames).

Choosing your mother’s surname: what the court looks for

Courts grant change-of-name petitions for “proper and reasonable cause.” For an adult illegitimate child who was allowed to use the father’s surname but now chooses the mother’s, persuasive reasons can include:

You are illegitimate and the law’s default is the maternal surname; you now personally elect to use it as an adult.
Consistency and identity: you’ve long used your mother’s surname in school, work, community, or family life and want your PSA to match actual use.
Avoiding confusion or harm: using the father’s surname causes confusion, administrative difficulties, or personal hardship (e.g., mismatched records across agencies).
Autonomy and dignity: as an adult, you prefer to be identified through your maternal lineage.

You do not need to attack or erase your filiation. Changing your surname does not cancel your father’s acknowledgment, does not change legitimacy/illegitimacy, and does not by itself alter support or inheritance rules. It is principally a name issue.

Step-by-step: judicial petition (Rule 103)

Who files: You (now 18+, so you file for yourself).

Where to file: In the RTC of the province/city where you reside.

Core steps:

Consult a lawyer (recommended). While you can file pro se, lawyers ensure the petition alleges all required facts and attaches the right exhibits.
Prepare the verified petition, stating:
- Your personal details and residence;
- The exact entry on your PSA birth certificate (present surname) and the proposed surname (your mother’s);
- The facts supporting “proper and reasonable cause”;
- That you are not changing your name to evade liability, confuse creditors, or commit fraud.
Attach supporting documents, typically:
- PSA birth certificate (latest certified copy);
- Mother’s IDs / proof of her surname and filiation;
- If applicable, the Affidavit of Acknowledgment/Admission of Paternity or the page of your birth record showing the father’s acknowledgment (to explain why the father’s surname appears);
- IDs, school records, employment records showing how you are known;
- Affidavits from disinterested persons on your identity and long-time use of the maternal surname (if applicable);
- Clearances (NBI, police, barangay) to show good faith;
- Any proof of confusion/hardship from using the current surname.
File the case and pay filing fees.
Publication: The court issues an order for you to publish the petition (or order) once a week for three (3) consecutive weeks in a newspaper of general circulation. Keep the publisher’s affidavit and copies for court.
Hearing: The Office of the Solicitor General/City or Provincial Prosecutor typically appears to represent the State. Be ready to testify, present your documents, and answer the judge’s questions.
Decision: If granted, the court issues a Decision/Order authorizing the surname change.
Annotating your civil registry record:
- Secure a Certificate of Finality from the court.
- Register the decision with the Local Civil Registrar (LCR) of the place of registration of your birth and with the Philippine Statistics Authority (PSA).
- After annotation, request a new PSA copy showing the annotation (the face of the birth certificate still shows the original entry, and the right-hand margin shows the court-ordered change).

Administrative (civil registrar) route—when does it apply?

Clerical or typographical errors (e.g., a misspelled maternal surname) can be corrected administratively under R.A. 9048 at the LCR where your birth was recorded or where you currently reside.
Pure preference changes (e.g., “I want to switch from father’s to mother’s surname”) are not clerical and usually require court (Rule 103).
Some LCRs may ask you to file under Rule 108 if what you need is a cancellation/correction of an entry tied to filiation (e.g., to correct an erroneous acknowledgment entry). This is different from a simple switch of surnames and needs careful legal evaluation.

Practical tip: Visit or call the LCR where your birth is registered. Bring your PSA birth certificate and ask, “Is this a clerical correction, or do you require a court order?” Get their written checklist—practice can vary in details.

Special scenarios

1) You were illegitimate but never used your father’s surname; PSA already shows your mother’s surname.

No court case needed. If your school or employment records show a different surname, fix those institutional records by presenting your PSA and affidavits of one-and-the-same person, if required.

2) You’re legitimate (parents married) and want the maternal surname.

Courts may allow a change for compelling reasons (e.g., serious confusion, harassment, or other substantial interests). Expect close scrutiny; prepare strong factual proof. This is not automatic.

3) Adoption

Adoption (now largely administrative under the Domestic Administrative Adoption and Alternative Child Care Act) changes the child’s surname to that of the adoptive parent(s) by operation of law. That’s a separate pathway and not needed merely to use the maternal surname.

4) The father’s acknowledgment is contested or erroneous

If the issue is that the acknowledgment itself is invalid (e.g., forged, mistaken), your lawyer may recommend a Rule 108 petition to cancel/correct the entry about filiation, which can indirectly affect the surname. This is different from a simple preference to use the mother’s surname.

What changes—and what doesn’t—after the surname change

Changes:

The PSA birth certificate gets an annotation authorizing the maternal surname.
You can update government IDs and records to the maternal surname.

Doesn’t change:

Legitimacy/illegitimacy, filiation, and parental authority history don’t automatically change.
Support and succession rules are not altered just because of a name change.

Updating your IDs and records (after the court order is annotated)

PSA: Request a new PSA copy reflecting the annotation.
PhilID (PhilSys), Passport (DFA), SSS, PhilHealth, Pag-IBIG, GSIS, driver’s license (LTO), voter’s record (COMELEC): bring the PSA-annotated birth certificate + court order (certified), valid IDs, and agency forms.
School/PRC/CHED/DepEd records: ask for their name-change procedure (often needs the same PSA + court order).
Banks & private records: provide the PSA-annotated birth certificate and updated government ID; sign one-and-the-same person affidavits if they need linkage from old to new name.

Keep a document kit: certified true copy of the Decision, Certificate of Finality, and several PSA-annotated copies. Agencies will often take photocopies but ask to see the original.

Practical tips and common pitfalls

Start with your PSA birth certificate. Everything flows from what it currently shows.
Name consistency matters. Courts and agencies like to see that your requested surname aligns with your identity in daily life (records, usage).
Be clear about your reason. “I simply prefer it” may be enough when explained as identity, dignity, and long-standing usage—but back it with evidence.
Do not DIY the newspaper step. Use a newspaper of general circulation specified in the court’s order and keep the publisher’s affidavit.
Deadlines & appearances. Be present at hearings; missed publication or incomplete proof can sink a petition.
Fees vary. Expect filing fees, publication costs, and professional fees if you hire counsel. Ask for official receipts.
Safety & privacy. Publication reveals your current and proposed name. If safety is a concern, discuss strategies with your lawyer.

Frequently asked questions (FAQ)

Q: I’m 18. Can I decide this on my own? A: Yes. As an adult, you file the petition yourself. Your preference and reasons carry weight.

Q: Can the civil registrar do this without going to court? A: Only for clerical/typographical mistakes and first-name changes under R.A. 9048/10172. Surname changes based on choice usually need Rule 103.

Q: Will shifting to my mother’s surname erase my father’s acknowledgment? A: No. A surname change doesn’t by itself cancel paternity or alter filiation.

Q: Do I need my father’s consent? A: Not usually for a Rule 103 petition by an adult. He may be notified or may oppose, but consent isn’t a legal prerequisite.

Q: How long does the whole process take? A: Timelines vary by court, publication, and agency processing. Plan for several stages (case filing → publication → hearing → decision → annotation → ID updates).

Q: What if my records are a mix of surnames? A: Courts often like to see you normalize your identity. After you obtain the court order and PSA annotation, cascade the change across all agencies and institutions.

Document checklist (starter)

Latest PSA Birth Certificate (SECPA)
Valid IDs (yours; and your mother’s if helpful)
Affidavit(s) (identity, one-and-the-same person, long-time use), if applicable
School/employment records showing usage
Clearances (NBI, police, barangay)
Proof of residence (barangay certificate, lease, bills)
If your PSA shows father’s surname: Acknowledgment page/entry
Draft Petition (Rule 103) prepared with counsel
After court order: Certificate of Finality, publisher’s affidavit, PSA annotation proof

Bottom line

If you’re illegitimate and your PSA already bears your mother’s surname—use it; no change needed.
If your PSA shows your father’s surname and you now choose your mother’s, expect to pursue a Rule 103 court petition and then annotate your PSA record.
A surname change does not alter filiation or legitimacy; it aligns your legal name with your identity.

If you want, I can draft a sample Rule 103 petition tailored to your situation and a one-page checklist you can bring to your local civil registrar and counsel.