How to Remove the Father’s Surname from a Child’s Birth Certificate (Philippines)

Philippine legal overview, written for lay readers. This is general information—not legal advice. For a specific case, consult a Philippine lawyer or your local civil registrar (LCR).

Why the path depends on status of the child at birth

In Philippine law, what you can do (and how) turns on whether the child was legitimate (parents married to each other at the time of birth/conception) or illegitimate (parents not married to each other). The surname rules—and the procedures to change or “remove” the father’s surname—are different.

Legitimate child → The default surname is the father’s (Family Code). Changing that surname typically requires a court petition.
Illegitimate child
- Default surname is the mother’s.
- The child may use the father’s surname only if paternity/filiation was expressly recognized (e.g., through the birth record, a public document, or the Affidavit to Use the Surname of the Father or AUSF under R.A. 9255).
- “Removing” the father’s surname usually means reverting to the mother’s surname. Depending on the facts, this can be administrative (rare/limited) or judicial (more common).

The legal building blocks (what governs surname changes)

Family Code (rules on legitimacy/illegitimacy, filiation, and surnames).
R.A. 9255 and its implementing rules (IRR): lets an illegitimate child use the father’s surname upon valid recognition (often via AUSF).
R.A. 9048, as amended by R.A. 10172: allows administrative correction of clerical/typographical errors and change of first name (and certain birth‐date/sex corrections)—not change of surname (unless the error is truly clerical).
Rules of Court:
- Rule 103 – Petition for Change of Name (used when you want a different surname, e.g., from father’s to mother’s).
- Rule 108 – Cancellation or Correction of Entries in the civil registry (used for substantial corrections to the PSA/LCR record, including filiation and surname, when you’re correcting the record itself).
Best interests of the child: A core standard the courts apply, especially where recognition, abandonment, family violence, or stigma are raised.

Quick scenario finder

Illegitimate child currently using the father’s surname via AUSF / recognition, wants to revert to mother’s surname → Most cases require court action. Use Rule 103 (change of name) and, where the civil register entry must be corrected, also Rule 108 (so the LCR/PSA record matches the new name). Arguments often center on best interests (e.g., abandonment, non-support, confusion, the child’s long-standing use of the mother’s surname, documented harm).
Illegitimate child has father’s surname on the birth certificate but there was no valid recognition (e.g., no AUSF; father’s “acknowledgment” is forged/invalid) → Use Rule 108 to cancel/rectify the erroneous recognition and restore the proper entry (which will result in the mother’s surname by default). If the issue is authenticity (forgery/coercion), the matter is adversarial—the alleged father must be notified and heard.
Illegitimate child—later DNA or a final judgment establishes the man on record is not the father → Use Rule 108 to cancel the filiation entry and the child’s use of the father’s surname; the record reverts to the mother’s surname. Attach the final judgment/DNA proof.
Legitimate child (parents married at birth) wants to drop the father’s surname → This is not an administrative correction. File a Rule 103 petition for change of name (and often also Rule 108 to align the civil registry). Courts scrutinize the grounds strictly because the father’s surname is the legal default for legitimate children. Success typically depends on compelling, child-centered reasons (e.g., severe, well-documented harm or stigma). Mere dislike is not enough.

Note: If the parents married after the child’s birth (legitimation), that changes status and sometimes the applicable path—get tailored advice.

Administrative vs. judicial routes (and why most paths are judicial)

Administrative (LCR/PSA) paths are narrow.
- R.A. 9048/10172 don’t authorize changing the surname except to fix a clerical/typographical error (e.g., “Santoz” to “Santos,” or an obvious inputting mistake).
- Some LCR/PSA practices allow certain annotations around R.A. 9255 recognition (e.g., making sure an AUSF is properly recorded), but reversing a valid, voluntary AUSF or undoing filiation is not something the LCR can usually do on its own.
Judicial proceedings are the norm for:
- Changing the surname (Rule 103), and/or
- Correcting substantial civil registry entries such as filiation or the basis for the surname (Rule 108).

Who can file

Mother or legal guardian for a minor child.
The child, once of age (18+).
In Rule 108 cases, any person interested in the entry (including the father, if relevant) may be a party.

Where to file

Rule 103 / Rule 108 petitions: at the Regional Trial Court (RTC) where the petitioner resides (or, for Rule 108, where the civil registry is located—practice varies; your counsel will align venue with the relief sought).
Administrative steps (if any): at the LCR that recorded the birth; if born abroad, through the Philippine Embassy/Consulate where the birth was reported.

What you must generally prove

If you’re reverting an illegitimate child from father’s to mother’s surname

That the present use of the father’s surname is improper or no longer in the child’s best interests, or that the recognition was invalid (e.g., forged signature, lack of required consent, or later court finding of non-paternity).
Evidence can include:
- The PSA birth certificate (SECPA copy);
- AUSF / recognition documents (or proof there was none);
- School, medical, and government records showing the name actually used;
- Proof of abandonment/non-support/violence (police blotters, barangay protection orders, VAWC case records, sworn statements, remittance records, etc.);
- DNA report or final judgment on filiation, if any;
- Affidavits from caregivers/teachers/community leaders;
- If the child is mature enough, a social worker’s report or child’s testimony in chambers, as permitted.

If the child is legitimate and you seek to drop the father’s surname

Courts expect strong, specific reasons; generalized dislike or parental conflict rarely suffices. Prepare clear proof of harm or compelling welfare factors.

How the court process usually unfolds (high level)

Draft the petition (Rule 103 for change of name; add Rule 108 if the civil registry entry itself needs correction). You’ll name the LCR, the PSA, and interested parties (e.g., the father) as respondents.
File at the RTC; the court issues an order for publication (Rule 103 requires publishing the order in a newspaper of general circulation; Rule 108 requires an adversarial proceeding with notice to all affected).
Serve notice to the father and other parties. The City/Provincial Prosecutor (representing the State) usually appears to guard against fraud.
Hearing: You present documentary and testimonial evidence. The court applies the best interests of the child standard.
Decision: If granted, the court orders the LCR/PSA to annotate or correct the birth record and to issue a new SECPA copy reflecting the change.
Carry the order to the LCR, who forwards compliance to PSA for annotation/issuance.

(Timelines and costs vary by court and case complexity.)

After the PSA/LCR update: what to change next

Once the PSA birth certificate bears the annotation/correction:

School records (SF10/Form 137, diplomas), PhilHealth, SSS/GSIS, TIN/BIR, PhilID (PhilSys), passport (DFA), bank accounts, health/HMO, and voter records (COMELEC).
Bring the court order (certified), the annotated PSA birth certificate, and valid IDs when requesting downstream updates.

Effects and non-effects to keep in mind

Surname ≠ filiation.
- Changing/removing the father’s surname does not by itself erase filiation or the child’s right to support/inheritance—unless the court also cancels the filiation entry (e.g., after a judgment of non-paternity).
Parental authority (illegitimate child).
- For an illegitimate child, parental authority rests with the mother by default. Recognition or the child’s use of the father’s surname does not automatically give the father parental authority. A court may grant custody/visitation separately.
Middle names for illegitimate children have been treated differently in practice and jurisprudence over time. Ask your LCR how they implement middle-name rules alongside any surname change.

Evidence & document checklist (practical)

PSA SECPA copy of the birth certificate (current).
AUSF/AUSM (Affidavit to Use Surname of Father/Mother), if any; any acknowledgment/admission of paternity documents.
IDs of the petitioner and the child; marriage certificate (if applicable).
Proof supporting your grounds (abandonment/non-support/violence, long-time usage of mother’s surname, school/medical records, barangay and police records, protection orders, remittances, DNA, court judgments).
Draft petition (Rule 103/108) and verification, certification against forum shopping.
Newspaper coordination for publication (if required by the court’s order).
Filing/payment receipts; registry return cards/proofs of service to parties.

Common pitfalls (and how to avoid them)

Relying on R.A. 9048/10172 for a surname swap. Those laws rarely help with surname changes; they’re for clerical fixes (and change of first name).
Skipping notice to the father (or other interested parties). Rule 108 demands an adversarial proceeding if substantial rights are affected.
Thin evidence. Courts look for clear, concrete, child-focused reasons—document the harm, the history of use of the mother’s surname, and any risks to the child.
Assuming the surname change cancels support/inheritance. It doesn’t—unless filiation is also judicially set aside.
Not updating downstream IDs/records after the PSA annotation—this creates mismatches that can cause travel, banking, or school issues.

FAQ

Can the father “revoke” an AUSF on his own? No. Once validly executed and recorded, unilateral revocation isn’t a standard administrative remedy. If the recognition is invalid (e.g., forged, coerced) or a court later disproves paternity, you address it through Rule 108.

My child has always used the mother’s surname in school, but the birth certificate shows the father’s surname. Is that enough? It’s helpful evidence, but you still need the court order to align the PSA record.

Will the child be heard? Courts may consider the child’s views (especially older minors), often through in-chambers testimony or reports, consistent with the best interests standard.

What if the father has seriously harmed or threatened us? Raise safety with your lawyer and the court. VAWC protection orders and safety planning can be pursued alongside the name case.

Do I need a lawyer? These are special civil actions with publication, notice, and evidentiary rules. A lawyer is strongly recommended.

Plain-English roadmaps you can follow today

A) Illegitimate child using father’s surname; you want to revert to mother’s

Gather PSA BC, AUSF/recognition docs (or proof none exist), and evidence supporting best interests.
Consult counsel to draft a Rule 103 petition (with Rule 108 if the civil entry must be corrected).
File at the RTC; complete publication and service; attend hearing.
If granted, bring the decision/entry of judgment to the LCR → PSA for annotation → update IDs/records.

B) Father’s surname appears but there was no valid recognition

Secure PSA BC and proof of invalidity (e.g., no AUSF, forged signature).
File Rule 108 to cancel the improper entry; notify the alleged father and other parties.
Upon grant, LCR/PSA annotate; update records.

C) Legitimate child wants the mother’s surname

Prepare robust, child-centered grounds and evidence.
File Rule 103 (and often Rule 108) at the RTC; complete publication and hearing.
If granted, LCR/PSA annotation; update records.

Final notes

Courts will look past labels (“remove,” “revert,” “change”) and ask: (1) what the civil register currently says, (2) what you want it to say, and (3) whether the law and the child’s best interests justify that result.
Because practices can vary across LCRs and because jurisprudence evolves, bring your facts and documents to counsel early. That’s the surest way to pick the correct track (Rule 103, Rule 108, or both) and to avoid false starts.