This article provides general legal information in the Philippine setting and is not legal advice.

1) Why this issue comes up in passport applications

In Philippine practice, passport applications for minors often trigger questions about what name the child should carry—especially:

Surname (mother’s surname vs father’s surname), and
Middle name (whether the child is allowed to have one, and whose surname it should be).

For a child born out of wedlock (often called “illegitimate” in older legal terms), the rules are driven by:

Family Code provisions on illegitimate children and parental authority,
The Civil Code / jurisprudence concepts on names,
Civil registry documents (PSA birth certificate annotations),
Administrative rules (including how agencies implement the “use of father’s surname” regime).

In passport processing, the Department of Foreign Affairs (DFA) generally treats the PSA-issued birth certificate as the primary basis of a minor’s name.

2) Key concepts you must separate: legitimacy, filiation, and “recognition”

A. “Illegitimate” is about the parents’ marital status

A child is generally illegitimate if conceived and born outside a valid marriage of the parents (subject to legal nuances like void/voidable marriages and presumptions).

B. Filiation is the legal relationship to a parent

A child may be illegitimate yet still have legally recognized filiation to the father, if the father properly acknowledges the child.

C. Recognition/acknowledgment affects support and some naming consequences

Recognition matters for:

support rights,
inheritance rules,
and whether the father’s surname may be used (subject to specific requirements).

But recognition does not automatically make the child legitimate, and it does not automatically create a right to a “middle name” in the same way legitimate children have.

3) The default naming rule for an illegitimate child

Default surname

As a baseline rule in Philippine family law, an illegitimate child generally uses the mother’s surname.

Default middle name

In Philippine naming practice, the “middle name” commonly used is the mother’s maiden surname (the surname she used before marriage). For legitimate children, the middle name is typically the mother’s maiden surname by long-standing convention and legal recognition.

For illegitimate children, the concept of a middle name becomes complicated because the “middle name” convention historically reflects legitimate filiation and the linkage of paternal surname + maternal maiden surname.

Practical consequence: Many illegitimate children’s PSA records either:

show no middle name, or
show an entry that causes later issues (e.g., the mother’s surname appearing as middle name, or some local civil registrar practice that was later questioned).

Passport processing tends to follow what is reflected in the PSA record and what is legally permitted.

4) Using the father’s surname: what it changes—and what it doesn’t

Philippine law and administrative policy allow an illegitimate child, under certain conditions, to use the father’s surname (often referred to in practice as the “use of father’s surname” regime).

A. Common basis: acknowledgment of paternity

Typical proof includes:

the father signing the birth certificate (in the portion acknowledging paternity), and/or
a notarized acknowledgment document, or similar recognized proof leading to PSA annotation.

B. The crucial point: surname ≠ middle name

Even when an illegitimate child is allowed to use the father’s surname, the child does not automatically become entitled to carry the father’s surname as a middle name (because that is not how “middle name” works in Philippine legal usage).

Common rule in implementation

When an illegitimate child uses the father’s surname, the child typically:

carries the father’s surname as last name, and
either has no middle name, or uses a legally acceptable middle-name entry consistent with civil registry rules (often not the father’s surname, and not the mother’s married surname in a way that creates confusion).

This is the core reason many passport applicants get flagged: they expect a legitimate-style name format (First name + Mother’s maiden surname as middle + Father’s surname as last), but the child’s status and the PSA record may not support that structure.

5) Why DFA passport applications are strict about the PSA birth certificate

For minors, DFA generally relies on:

PSA Birth Certificate (security paper or its current PSA-issued format),
and any PSA annotations (corrections/changes, legitimation, recognition).

If the PSA record shows:

one surname but the applicant uses another,
a middle name that differs,
or an unannotated change,

the DFA will usually require the record to be corrected/annotated first, because the passport is an identity document that must match primary civil registry data.

6) The typical scenarios and how they play out

Scenario 1: Illegitimate child, father not acknowledged

Surname: mother’s surname
Middle name: commonly none (or what the PSA record shows)
Passport: generally straightforward if the child uses exactly what’s on the PSA BC.

Scenario 2: Illegitimate child, father acknowledged, child uses father’s surname

Surname: father’s surname (if properly supported and annotated where needed)
Middle name: commonly none for passport purposes unless PSA shows a middle name that is legally consistent
Passport: approved if PSA and supporting documents align.

Scenario 3: Child uses father’s surname and also carries a “middle name” like a legitimate child

This is the common problem case.

Examples that get questioned:

Middle name entered as mother’s maiden surname even though the child is illegitimate and the record/practice doesn’t support it, or
Middle name entered as mother’s married surname, or
Middle name entered inconsistently across school records vs PSA.

Resolution usually depends on the PSA record and whether a correction is needed with the Local Civil Registrar / PSA.

Scenario 4: Parents later marry (possible legitimation)

When biological parents marry after the child’s birth, legitimation may occur if legal requirements are met (including that the parents had no legal impediment to marry each other at the time of the child’s conception).

If legitimation is recognized and annotated:

the child’s status changes,
naming conventions may change to the legitimate format (often enabling a recognized middle name convention), and
DFA will follow the annotated PSA record.

This is one of the few pathways that can convert the naming structure toward the typical legitimate pattern, but it is highly fact-specific and document-driven.

7) Middle name rules in practice: what “should” appear

In many Philippine systems, the “middle name” is treated as a marker of maternal lineage in legitimate filiation. For illegitimate children, agencies commonly treat the child as either:

having no middle name, or
having a middle name only if the civil registry entry is valid and properly supported.

Common misunderstandings

My child must have my (mother’s) maiden surname as middle name. Not always, particularly if the child is illegitimate and the PSA record does not reflect it or the governing rules don’t allow it.
If the father acknowledged the child, the child becomes like legitimate for naming. Acknowledgment affects filiation and surname use, but it does not necessarily “legitimize” the child or guarantee the conventional middle name format.
School records or baptismal certificates prove the “real” middle name. These are secondary; DFA prioritizes PSA civil registry records.

8) Document sets: what’s commonly required and why problems arise

A. Core DFA-minor documents (typical)

PSA Birth Certificate
IDs of parent/s who will accompany
Proof of relationship/authority (often inherent in the BC)
Supporting documents if there are annotations or discrepancies

B. Additional documents when out-of-wedlock and naming is contested

PSA Certificate of Live Birth with annotations, if any
If using father’s surname: evidence of acknowledgment and/or the PSA annotation reflecting it
If legitimated: PSA annotated BC showing legitimation and basis (e.g., marriage of parents with compliance to legitimation requirements)

C. Why passport applications get delayed/denied

The child’s used name (school, health records, barangay ID) doesn’t match PSA.
The PSA BC shows no middle name, but application includes one.
The PSA BC shows the father’s surname, but the child uses the mother’s surname (or vice versa).
The BC has typographical issues that require civil registry correction.

9) Fixing name issues: correction vs change vs legitimation

You generally have three buckets of remedies:

A. Clerical/typographical correction

If the issue is a misspelling or obvious clerical error, there may be an administrative correction process through the Local Civil Registrar/PSA system.

B. Substantial change of name or surname

If the change is not merely clerical (e.g., switching surnames without the legal basis/annotation), it can require more formal proceedings, depending on the nature of the correction and the civil registrar’s rules.

C. Legitimation process (if applicable)

If the parents later marry and legitimation is legally available, this can lead to:

annotation on PSA record, and
corresponding name format updates consistent with legitimation.

Important practical point: DFA typically expects these changes to appear on the PSA record before issuing a passport in the new name format.

10) Parental authority and consent issues in minor passport applications

Illegitimacy affects parental authority rules in many situations:

As a general principle in Philippine family law, the mother commonly exercises parental authority over an illegitimate child.
The father’s involvement (for consent or accompaniment) may depend on:
- what the PSA record shows,
- acknowledgment status,
- and DFA’s implementation requirements.

This can matter where:

the father is the one applying with the child,
the mother is absent,
or there is a dispute.

If the passport application is being made without the mother present, agencies may ask for documents proving the applying adult’s authority/guardianship and the absence of legal issues.

11) Common “middle name” edge cases seen in practice

A. Mother used a married surname though child is illegitimate

If the mother is married to someone else (not the child’s father), her married surname can appear in some records. This can cause confusion if someone tries to treat that married surname as the child’s middle name or as a basis for surname changes.

DFA and PSA typically adhere to what the civil registry reflects and what the law allows, not what was used socially.

B. Father’s surname mistakenly placed as middle name

This is usually invalid in Philippine naming conventions. If it appears on the PSA record due to old encoding practices or mistakes, correction may be required.

C. Compound surnames and multiple-part names

If either parent has a compound surname, the child’s name must be consistent across the PSA record and application fields. Errors often arise when:

one part is treated as a middle name,
or spacing/hyphenation differs.

D. “Middle name = mother’s last name” confusion

If the mother is unmarried, her “last name” is often also her “maiden surname.” But if she is married, her last name may be her husband’s surname; using that as the child’s middle name can be legally and administratively problematic unless the civil registry basis supports it.

12) Practical guidance to avoid passport application setbacks

A. Make the PSA birth certificate the single source of truth

Before booking a passport appointment, confirm the child’s:

first name,
middle name field (whether blank or filled), and
last name, exactly as printed by PSA.

B. Do not “add” a middle name in the application if the PSA record has none

This is a frequent cause of mismatch findings.

C. If the child is using the father’s surname, ensure the PSA record supports it

If the child uses father’s surname socially but the PSA BC still shows mother’s surname (or lacks acknowledgment annotation where required), fix the civil registry record first.

D. Align all supporting IDs/school records where possible

While DFA prioritizes PSA, mismatched secondary records can still trigger questions. It’s best if:

school records, medical records, and IDs mirror the PSA name format.

13) A quick “rule of thumb” summary

Passport name follows PSA.
Illegitimate child default surname: mother’s surname.
Using father’s surname is possible with proper acknowledgment/annotation.
Middle name for illegitimate children is often blank in practice; adding one without PSA support creates problems.
Legitimation (if legally available and annotated) can change naming structure, including middle-name convention.