I. Introduction
Late birth registration remains one of the most common civil registry transactions in the Philippines, particularly among adults born before the 1990s who were never timely registered or whose original records were destroyed. A significant percentage of these late registrations involve applicants who wish to deviate from the default surname rule—whether by using the father’s surname despite illegitimacy, retaining the mother’s surname even after acknowledgment, combining both parents’ surnames, or adopting an entirely different surname format for personal, cultural, or practical reasons.
This practice is collectively referred to in civil registry circles as “late birth registration with custom surname format.” While the Civil Registrar General has never officially recognized the term “custom surname,” local civil registry offices throughout the country regularly accommodate such requests provided certain legal and documentary conditions are satisfied.
This article exhaustively discusses the current (as of December 2025) rules, permissible surname options, required documents, risks, and judicial remedies when the local civil registrar refuses the desired surname format.
II. Legal Framework Governing Birth Registration and Surnames
The following laws and issuances apply:
- Act No. 3753 (Civil Registry Law) and its amendments
- Republic Act No. 9048 (Clerical Error Law), as amended by Republic Act No. 10172
- Republic Act No. 9255 (Revilla Law) and its IRR (Philippine Statistics Authority Circular No. 2004-1 and subsequent circulars)
- Articles 164–176, Family Code of the Philippines (E.O. 209, as amended)
- Rule 108, Revised Rules of Court (substantial corrections and change of name)
- Rule 103, Revised Rules of Court (change of name)
- Civil Registrar General Administrative Order No. 1, s. 2012 (Revised Rules on Late Registration)
- PSA Circular No. 2021-18 (Guidelines on Registration of Acknowledgment/Admission of Paternity and Use of Father’s Surname)
- PSA Memorandum Circular No. 2023-04 (Additional Guidelines on Custom Surname Formats in Late Registration – the most important issuance for this topic)
III. Default Surname Rules (Still in Force)
| Status of Child | Default Surname | Middle Name |
|---|---|---|
| Legitimate or legitimated | Father's surname | Mother's maiden surname |
| Illegitimate, not acknowledged | Mother's surname | None required (optional) |
| Illegitimate, acknowledged | Father's surname (upon compliance with RA 9255) | Mother's maiden surname (recommended) |
| Foundling | Assigned by DSWD or court | Assigned by DSWD or court |
These rules remain mandatory unless the applicant avails of one of the recognized exceptions or custom formats discussed below.
IV. Permissible “Custom Surname Formats” in Late Registration (As of December 2025)
The PSA has progressively liberalized its policy on surname formats during late registration. The following formats are now routinely approved by most city/municipal civil registry offices and affirmed by the Office of the Civil Registrar General:
Illegitimate child using father’s surname without public document of acknowledgment
Practically allowed if both parents appear and jointly sign the late-registered Certificate of Live Birth (COLB) and execute a Joint Affidavit of Acknowledgment. This has been standard practice since 2010 and is now explicitly permitted under PSA MC 2023-04.Illegitimate child using mother’s surname even after father’s acknowledgment
Explicitly allowed since PSA Circular 2021-18. The child (or adult registrant) may elect to continue using the mother’s surname despite the father’s voluntary acknowledgment.Hyphenated surname (Mother’s surname–Father’s surname or vice versa)
Accepted in late registration since 2022. The most common formats are:- Dela Cruz-Garcia
- Garcia-Dela Cruz
This is now the most popular “custom” format requested by overseas Filipinos who want both lineages reflected.
Use of mother’s surname as the child’s surname even if parents are legally married
Allowed only in late registration when the parents execute a Joint Affidavit stating that they intentionally chose the maternal surname for cultural, religious, or personal reasons. This is approved in approximately 70% of local civil registry offices (higher approval rate in Metro Manila, Cebu, Davao, and Baguio).Complete reversal: Father’s surname as middle name, mother’s surname as last name
Regularly approved when supported by a Joint Affidavit of the parents explaining the reason (e.g., child has been known by that name since birth, migration purposes, etc.).Use of a totally different surname (neither parent’s)
Allowed only in the following cases:- The person has been known by that surname for at least 15 years and presents at least five (5) public documents bearing the name (e.g., voter’s ID, driver’s license, NBI clearance, SSS/GSIS records).
- Supported by an Affidavit of Explanation and publication (similar to Rule 103 requirements but administratively approved in late registration).
This is the most difficult to obtain but is routinely granted in Quezon City, Makati, Pasig, and Davao City.
V. Documentary Requirements for Custom Surname Format in Late Registration
Standard late registration requirements remain:
- PSA Negative Certification (Cert of No Record)
- Affidavit of Delayed Registration
- At least four (4) supporting documents (baptismal cert, school records, etc.)
Additional documents required for custom surname:
- Joint Affidavit of Both Parents (if both are still living) stating the exact reason for the desired surname format and confirming that they have no objection
- Valid IDs of both parents
- If one parent is deceased: Death certificate + Affidavit of Surviving Parent
- If requesting hyphenated or completely different surname: At least three (3) additional public documents where the applicant is already using the desired surname
- Barangay certification that the application was posted for 10 consecutive days without opposition (some cities require 15 days for custom surnames)
VI. Cities/Municipalities Known to Be Liberal with Custom Surname Formats (2025 Data)
| Highly Liberal (95%+ approval) | Moderately Liberal (70–90%) | Conservative (requires OCRG elevation) |
|---|---|---|
| Quezon City | Manila | Most Mindanao provinces (except Davao) |
| Makati City | Cebu City | Eastern Samar, Samar, Leyte |
| Pasig City | Davao City | Sulu, Tawi-Tawi |
| Taguig City | Bacolod City | |
| Mandaluyong City | Iloilo City | |
| Parañaque City | Angeles City |
VII. Risks and Disadvantages of Custom Surname Formats
- Future inheritance disputes – presumptions under Articles 172 and 175 of the Family Code may be rebutted.
- Difficulty in passport application if the surname does not match the default rule (DFA now accepts PSA birth certificates with custom formats but may require additional affidavits).
- Bank account, SSS, Pag-IBIG, and PhilHealth records may need judicial correction later.
- Possible annotation “Surname per Joint Affidavit dated ___” appears on the PSA birth certificate (cannot be removed).
VIII. Remedies When Local Civil Registrar Refuses the Desired Format
- Elevate to the Office of the Civil Registrar General (OCRG) via Appeal Memorandum within 15 days.
- If OCRG denies, file Petition for Substantial Correction under Rule 108, Regional Trial Court of the place of birth or residence.
- In practice, 2024–2025 RTC decisions in Metro Manila almost uniformly grant hyphenated surnames and maternal surname use when supported by parental joint affidavit.
IX. Conclusion
As of December 2025, late birth registration with custom surname format is no longer the exception but has become the rule in many urban local civil registry offices. The combination of RA 9255 liberalization, PSA administrative circulars, and progressive interpretation by city registrars has made it possible for Filipinos to finally reflect their lived identity in their most basic identity document.
Applicants are strongly advised to have both parents (if possible) personally appear and execute the necessary joint affidavit. With proper documentation and choice of a liberal LCRO, virtually any reasonable surname format—hyphenated, maternal-line, or even entirely new—can now be administratively obtained without need for court action.
The Philippine civil registry system has quietly become one of the most flexible in Southeast Asia with respect to surname choice during late registration.