In the Philippines, the surname a child bears is governed by the Civil Code, as amended by Republic Act No. 9255. Whether a child can use the mother’s surname depends heavily on the child's legitimacy status and the specific circumstances of their birth registration.
1. Legitimate Children
Under Article 364 of the Civil Code, legitimate and legitimated children shall principally use the surname of the father.
- Can they change it? Generally, a legitimate child cannot simply "switch" to the mother’s surname via administrative correction. A change of name for a legitimate child usually requires a Judicial Petition for Change of Name under Rule 103 of the Rules of Court.
- Grounds for Judicial Change: Courts are strict and require "compelling reasons," such as the father's surname being ridiculous, tainted with dishonor, or to avoid confusion.
2. Illegitimate Children
The rules for illegitimate children have evolved significantly.
The Default Rule (Article 176 of the Family Code)
Originally, illegitimate children were required to use the surname of their mother. However, Republic Act No. 9255 (enacted in 2004) allowed illegitimate children to use the father's surname if the father explicitly recognized the child.
Scenario A: The Child Currently Uses the Mother's Surname
If the father has not recognized the child, the child must use the mother’s surname. No further legal process is needed to "change" it to the mother's, as it is the default legal requirement.
Scenario B: The Child Uses the Father's Surname but Wants to Change back to the Mother's
If an illegitimate child was registered under the father's surname (via an Affidavit of Admission of Paternity), the process depends on the child's age and the reason for the change:
- Administrative Correction (RA 9048): If there is a clerical error in the entry, an administrative correction at the Local Civil Registrar (LCR) might suffice.
- Judicial Petition: If the child wishes to drop the father's surname due to abandonment or a total lack of relationship, this typically requires a court order. The Supreme Court ruled in Grande v. Antonio that even if a child is recognized by the father, the court has the discretion to decide which surname serves the child's best interests.
3. The Impact of the Alanis vs. Court of Appeals Ruling
A landmark Supreme Court decision (Alanis III vs. Court of Appeals, G.R. No. 216425) clarified that legitimate children also have the right to use their mother's surname.
The Court emphasized that the law says legitimate children "principally" use the father's surname, not "exclusively." This ruling challenges the patriarchal tradition by stating that a child should be allowed to petition to use the mother’s surname, especially if the mother has been the sole provider or if it better reflects the child's identity.
4. Summary of Legal Procedures
| Status | Method | Requirement |
|---|---|---|
| Illegitimate (Unrecognized) | Automatic | Birth Certificate already reflects Mother's surname. |
| Illegitimate (Recognized) | Judicial Petition | Must prove that using the Mother's surname is in the child's best interest. |
| Legitimate | Judicial Petition (Rule 103) | Requires a court case; must provide a "compelling reason" (e.g., Alanis doctrine). |
5. Requirements for Judicial Petition
If a court case is required, the petitioner generally needs:
- PSA Birth Certificate
- Affidavits from disinterested persons witnessing the child's use of the name or the family circumstances.
- Clearances (NBI, Police, Court) to prove the change is not being done to evade criminal liability.
- Publication: The petition must be published in a newspaper of general circulation for three consecutive weeks.
Note on RA 9255: If an illegitimate child was born between August 3, 1988, and March 19, 2004, and wants to use the father's name, they must follow specific Revised Guidelines. Conversely, if they wish to revert to the mother's name after a failed recognition, legal counsel is necessary to nullify the previous acknowledgment.