Changing a Child’s Given Name or Surname in the Philippines: A Comprehensive Legal Guide (2025 Edition)
1. Why This Matters
A child’s name carries legal, social and emotional consequences. Incorrect, misspelled or stigmatizing entries can hinder schooling, passport issuance, inheritance and even self-esteem. Philippine law offers two broad pathways to correct or change a minor’s name:
| Pathway | Governing Law | What It Can Fix | Where Filed | Typical Duration* |
|---|---|---|---|---|
| Administrative | Republic Act (RA) 9048 as amended by RA 10172; RA 9255 | • Clerical/scribal errors • Change of given name/nickname • Switch of day/month in birth date or sex entry (10172) • Use of father’s surname by an illegitimate child (9255) |
Local Civil Registry Office (LCRO) where the birth was recorded or where the petitioner resides | 3–6 months |
| Judicial | Rule 103 and Rule 108, Rules of Court; Civil Code & Family Code arts.; special statutes | • Any surname change (except 9255 cases) • Substantial corrections (e.g., nationality, legitimation disputes, birth order errors) • Change of both given name and surname simultaneously |
Regional Trial Court (RTC) of the province/city where the child (or petitioner) has resided for at least 3 years | 6 months – 1½ years |
*Actual time hinges on docket congestion, publication schedules, opposition, and compliance with requirements.
2. Key Statutes & Rules at a Glance
| Instrument | Salient Points |
|---|---|
| RA 9048 (2001) | Lets the LCRO correct clerical errors and change a person’s first name or nickname without going to court. |
| RA 10172 (2012) | Expanded RA 9048 to cover wrong day/month of birth and sex entries if clearly clerical (e.g., “F” typed instead of “M”). |
| RA 9255 (2004) | Allows an illegitimate child to use the father’s surname by affidavit, if the father signs either (a) the birth record, (b) a public instrument, or (c) a private handwritten instrument. |
| Family Code, Arts. 364-366 | Who may petition; rules on adoption, legitimation, paternity, maternity, and resulting surnames. |
| Rule 103, Rules of Court | Special proceeding for a change of name (mainly surname) when not covered by RA 9048/9255. |
| Rule 108, Rules of Court | For cancellation or correction of substantial civil-registry entries (may be joined with Rule 103 petition). |
| RA 8552 (1998), RA 11642 (2022) | Domestic (judicial) adoption and the newer Administrative Adoption & Alternative Child Care Act; both give adoptive parents the right to choose the child’s new name and surname. |
| RA 9858 (2009) | Legitimation of children born to parents below marrying age; legitimized child automatically takes the father’s surname. |
| RA 11222 (2019) | Simulated Birth Rectification Act—once rectified, child’s amended birth certificate may include a new surname. |
3. Administrative Route in Detail
3.1 Change of Given Name / Nickname (RA 9048, §4)
Who may file:
- Child’s parent or legal guardian (or the child once 18).
Valid grounds:
- The first name is ridiculous, tainted with dishonor, or extremely difficult to write/pronounce (“Batman,” “13th Street”).
- Name has caused the child to be commonly known by another name.
- Change is to avoid confusion (two siblings with same first name, etc.).
Core requirements:
- Verified Petition for Change of First Name (CFN) using PSA-LCRO Form No. 1.
- PSA-issued birth certificate; at least two public or private documents using the desired name (school records, hospital tag, baptismal cert, barangay certificate).
- Latest NBI and police clearances of petitioner; community tax certificate.
- Filing fee (≈ ₱3,000; 50% discount for indigents).
- Publication: once a week for 2 consecutive weeks in a newspaper of general circulation.
- LCRO evaluates; if meritorious, endorses to the Office of the Civil Registrar General (OCRG) for final approval.
3.2 Clerical/Scribal Errors (RA 9048 / RA 10172)
Misspellings (“Maricel” vs “Marizel”), transposition of letters/digits, or obvious keystroke errors in birth date or sex. No publication required—only posting at the LCRO for 10 days.
3.3 Illegitimate Child Taking Father’s Surname (RA 9255)
Essential conditions:
- Father executed an Affidavit of Acknowledgment/Admission of Paternity (AAP) or signed the Affidavit to Use the Father’s Surname (AUSF).
- Child aged 7-17 must execute a written consent, countersigned by the mother or guardian.
Procedure:
- File AUSF + supporting IDs, child’s birth certificate, father’s AAP/decision of court recognizing paternity if any.
- Pay filing fee (₱1,000–₱1,500).
- Annotation is entered directly on the birth record; new PSA copy available in ~3 months.
Important: RA 9255 does not legitimate the child; it merely changes the surname. Inheritance and custody rules for illegitimate children still apply unless legitimated, adopted or subsequently legitimated by parents’ marriage.
4. Judicial Route in Detail
4.1 Rule 103 Petition (Change of Name)
Who files: parent/guardian on behalf of the minor. Where: RTC of the province/city where the child has resided for the last 3 years. Grounds accepted by jurisprudence:
- Name is ridiculous, dishonorable or extremely difficult.
- Child has continuously used another name publicly and in good faith.
- Change is for adoption, legitimation or to match filiation.
- National security or witness-protection reasons.
Key steps:
- Verified petition (include PSA birth certificate, supporting docs, child’s consent if ≥ 7 y/o).
- Publication: Once a week for 3 consecutive weeks.
- Notice & hearing: possible opposition by civil registrar or interested parties.
- Decision: If granted, court orders LCRO/OCRG to annotate and issue a new PSA certificate.
4.2 Rule 108 Petition (Cancellation/Correction of Entries)
Invoked where the correction is substantial yet not limited to the name (e.g., changing surname because the record incorrectly lists a different father). Rules mirror Rule 103 but all indispensable parties (parents, civil registrar, alleged biological father, etc.) must be impleaded.
4.3 Combining the Rules
Practitioners often consolidate a Rule 103 change of surname with a Rule 108 correction in one petition for efficiency, provided they comply with the requirements of both.
5. Automatic Name Changes Under Special Laws
| Scenario | Statute | Effect on Surname |
|---|---|---|
| Legitimation by Subsequent Marriage | Family Code Art. 177 | Child becomes legitimate; automatically uses father’s surname. |
| Legitimation of children born to parents below marrying age | RA 9858 | Same effect as Art. 177. |
| Domestic or Inter-country Adoption | RA 8552, RA 8043; RA 11642 (administrative) | Adoptive parents may choose any first name and surname; decree is registered with LCRO. |
| Simulated birth rectification | RA 11222 | Once rectified, child’s real identity is restored or new name chosen by adoptive parents. |
6. Documentary Checklist (Quick Reference)
| Administrative CFN (RA 9048) | AUSF (RA 9255) | Judicial Petition |
|---|---|---|
| ✔ CFN form (PSA-LCR) | ✔ AUSF form | ✔ Verified petition |
| ✔ PSA birth cert (SECPA) | ✔ AAP or similar instrument | ✔ PSA birth cert |
| ✔ 2 IDs of petitioner | ✔ IDs of both parents | ✔ IDs of parties |
| ✔ 2 public/private docs using desired name | ✔ Child’s written consent (7-17 yrs) | ✔ Proof of publication |
| ✔ NBI & police clearance | ✔ Affidavits & exhibits | |
| ✔ Publication proof | ✔ Processing & filing fees |
7. Frequently Asked Questions
Can I change both my child’s first name and surname in one administrative action? No. RA 9048 covers only the first name; surname changes (except RA 9255 cases) still require a court order.
Does changing the surname under RA 9255 confer legitimacy? No. Legitimacy affects inheritance and parental authority; RA 9255 alters only the surname.
What if the father refuses to sign the AUSF? You must resort to judicial recognition of paternity or wait until the child turns 18 and decides.
Is a 7-year-old’s consent really necessary? Yes. The law respects the developing autonomy of minors aged 7-17; courts and LCROs routinely deny AUSFs lacking the child’s written assent.
Can I revert to the original name later? Possible, but you must undergo another proceeding; repeated frivolous changes may be denied.
8. Practical Tips
- Publish correctly. Courts dismiss petitions where the newspaper publication missed even one week.
- Budget realistically. Aside from filing fees (₱3k–₱5k), newspaper publication can cost ₱6k–₱12k in Metro Manila.
- Check supporting IDs. The LCRO/OCRG can refuse a petition if supporting documents spell the desired name inconsistently.
- Avoid “fixers.” Only the LCRO or a licensed lawyer can lawfully process name changes.
- Update downstream IDs promptly. After PSA issues the annotated birth certificate, notify DepEd, CHED, DFA, SSS, PhilHealth, banks and insurers.
9. Effect of a Granted Petition
- Civil Registry Annotation — Original birth record is not erased; an annotation is added and a new PSA-SECPA copy becomes available.
- Contracts & Obligations — Previous contracts remain valid; use “(formerly ___)” while transitioning.
- Criminal Responsibility — Name change does not wipe criminal records; NBI will cross-reference aliases.
- Inheritance — For legitimate or legitimated children, surname change aligns with existing succession rights but does not expand them.
10. Conclusion & Disclaimer
The Philippines offers streamlined administrative fixes for minor errors and an accessible judicial pathway for substantial surname changes. Knowing which route to take saves families time, money and frustration. Because procedures evolve—e.g., the 2022 creation of the National Authority for Child Care (NACC) shifted adoption petitions from courts to an administrative agency—it is wise to verify the latest implementing rules with the LCRO, PSA or a competent lawyer.
This article is for informational purposes only and is not a substitute for personalized legal advice. Consult a Philippine attorney or your Local Civil Registrar for case-specific guidance.