Passport Application When Your Birth Certificate Shows a “Maiden Surname” (Philippines)
This article explains how Philippine law treats surnames—especially for women whose PSA birth certificates reflect their maiden surname—and how that affects passport applications and renewals before the Department of Foreign Affairs (DFA). It covers legal bases, acceptable name formats, documentary requirements, edge cases (marriage, separation, annulment, widowhood, legitimation, and corrections), and practical tips.
1) First principles: what name goes on a Philippine passport?
a) Primary source is your PSA Birth Certificate. Under the Philippine Passport Act (Republic Act No. 8239) and DFA rules, the passport generally follows the name on your PSA-issued Birth Certificate (BC), as annotated (if any).
b) A married woman is not legally required to use her husband’s surname. Article 370 of the Civil Code permits, but does not mandate, a married woman to adopt her husband’s surname. The Supreme Court in Remo v. Secretary of Foreign Affairs (G.R. No. 169202, 5 March 2010) clarified that adopting the husband’s surname is a privilege or option, not an obligation. Thus, a married woman may:
- Keep using her maiden name;
- Use her maiden first name and maiden surname plus her husband’s surname (e.g., Maria Cruz Santos → Maria Cruz Santos-Dela Cruz or Maria Cruz Santos Dela Cruz); or
- Use her maiden first name and her husband’s surname (e.g., Maria Dela Cruz).
c) “Maiden surname” on the birth certificate is normal. A woman’s BC reflects her name at birth (her maiden name). Later life events (marriage, legitimation, adoption, court orders) may change what she is allowed to use—but the baseline is always the PSA BC and any official annotations to it.
2) Which surname can appear on your passport?
A. You are single/never married
- Passport name: Your maiden name (as on PSA BC).
- Core proof: PSA BC.
- If there are BC discrepancies (misspellings, wrong sex/date, etc.), see Section 6 below.
B. You are married and want to keep using your maiden name
- Legally allowed. DFA may issue/renew your passport in your maiden name.
- Core proof: PSA BC. Marriage Certificate (MC) is not required solely to keep the maiden name, but bring it if you anticipate questions about prior passport entries or if previous IDs already used the married surname.
C. You are married and want to use your husband’s surname
- Passport name: Any format allowed by Article 370 (see Section 1b).
- Core proof: PSA Marriage Certificate (or Report of Marriage if married abroad and reported to the PH Embassy/Consulate).
- Tip: Use the exact spacing/hyphenation consistently across IDs to avoid watchlist mismatches and airline issues.
D. You are widowed and want to keep or drop the husband’s surname
- You may retain the married surname or revert to your maiden name.
- Core proof: If reverting, present the PSA Death Certificate of your spouse and your PSA MC to show the basis for reversion.
E. You are annulled/declared void/divorced (including recognition of foreign divorce)
You may revert to your maiden name once the civil status change is validly recognized in the Philippines.
Core proof depends on the case:
- Annulment/Nullity (Philippine court): Final Decision and Certificate of Finality; PSA annotated MC/records.
- Foreign divorce (where applicable): Philippine court recognition of the foreign divorce and PSA annotation.
Rule of thumb: The DFA follows PSA-annotated civil status changes. If the PSA record is not yet annotated, expect delays or refusal to change the passport name format.
F. You were illegitimate at birth but later acknowledged/legitimated (RA 9255; legitimation)
- To use the father’s surname (or reflect a new middle name due to legitimation), your PSA BC must carry the proper annotation (RA 9255 for use of the father’s surname; or legitimation annotation).
- Core proof: PSA BC with annotation (and supporting documents if DFA asks). The passport will follow the annotated PSA record.
3) What if your existing passport already uses a different surname?
- From maiden → married surname: Submit PSA MC (or Report of Marriage).
- From married surname → maiden: Submit proof of basis (death/annulment/nullity/recognized foreign divorce) and ensure PSA records are updated/annotated.
- From father’s surname → mother’s surname (or vice versa): Requires proper PSA annotation (RA 9255, adoption, or court order).
- General rule: DFA will not “preempt” the PSA. Update PSA first, then change your passport.
4) Documentary checklist (core & supporting)
Exact DFA lists evolve; bring more rather than less. Originals are inspected; photocopies are typically required.
Core (common to most applicants):
- PSA Birth Certificate (security paper; clear and readable).
- Valid government-issued ID bearing your signature and photo (e.g., UMID, PhilID/ePhilID, driver’s license, PRC ID, etc.).
- Personal appearance for biometrics.
Additional, depending on scenario:
- PSA Marriage Certificate / Report of Marriage (if using husband’s surname or if prior passport used husband’s surname).
- PSA Death Certificate of spouse (if widowed and reverting).
- Court Decision + Certificate of Finality and PSA-annotated records (annulment/nullity; recognition of foreign divorce).
- PSA BC with RA 9255 or legitimation/adoption annotation (if changing surname basis).
- Proof of identity continuity if there are discrepancies (old passports, IDs, school records, employment records, SSS, PhilHealth, voter’s records).
For minors:
- PSA BC of the child; government ID of the parent/authorized adult; PSA MC if parents are married; DSWD travel clearances where required; and any DFA-prescribed consent/appearance rules.
5) Name formatting & common pitfalls
- Hyphen vs. space. Hyphenations (e.g., Santos-Dela Cruz) are generally acceptable if consistent with your chosen format and reflected across records. Consistency helps airlines/immigration avoid “name mismatch” flags.
- Middle name rules differ for legitimate vs. illegitimate birth, and for those later legitimated/adopted. Follow the PSA-annotated middle name; do not “re-engineer” it at the DFA counter.
- Accents/ñ/diacritics: DFA systems can capture these, but airline systems sometimes drop them. Ensure the passport MRZ and ticket spellings align to avoid boarding issues.
- Use of multiple given names: Present consistent spacing/order across IDs and airline bookings.
- Religious or customary names: Unless reflected and supported in PSA/annotated civil registry, DFA typically will not encode them as the legal name.
6) Dealing with errors or discrepancies in your PSA Birth Certificate
If your PSA BC has mistakes (misspelled given name/surname, wrong sex or birth date, etc.), correct the civil registry first before a name change on the passport:
- RA 9048 (and amendments): Administrative correction for clerical/typographical errors and change of first name (with proper grounds).
- RA 10172: Administrative correction for day and month of birth and sex (if due to clerical/typographical error).
- Court proceedings: For substantial changes (e.g., change of surname not covered by RA 9255, changes due to adoption before RA 11642 streamlined measures, or complex cases), a court order may be necessary.
- Annotation first, passport next: DFA follows the corrected/annotated PSA record. Bring the annotated PSA document plus underlying approvals/decisions.
7) Application pathways
A. First-time adult applicant
- Book an online appointment with a DFA Consular Office and appear in person with the PSA BC, valid ID, and any status-based documents (e.g., PSA MC if using husband’s surname).
- Pick your name format beforehand (maiden or married), and keep it consistent across your IDs and travel bookings.
B. Renewal
- Bring your current/expired passport, valid ID, and status-based documents if you are changing your surname format (e.g., now adopting the married surname or reverting to maiden).
- If no surname change, renewal is straightforward—just ensure your PSA BC and IDs support the existing entries.
C. Lost/Damaged passport
- Expect additional affidavits/police reports and possibly longer processing. Your PSA records and supporting IDs become even more important to prove identity and name continuity.
8) Special contexts
- Married abroad: If you married abroad and want to use your husband’s surname, secure and submit the Report of Marriage filed with the Philippine Embassy/Consulate and ensure the PSA has issued the corresponding document.
- Adoption: Follow the amended BC (post-adoption decree and compliance with RA 11642 and relevant rules); present the PSA-issued amended BC.
- Muslim personal laws: Name conventions and marriage/divorce rules under Presidential Decree No. 1083 (Code of Muslim Personal Laws) may apply. Still, DFA defers to PSA records and recognized court/shari’a decisions.
9) Quick decision tree (for married women)
Do you want to keep your maiden name?
- Yes → Apply/renew using maiden name. Bring PSA BC (+ old passport/IDs).
- No → Proceed to (2).
Do you want to add or replace with your husband’s surname?
- Add or replace → Bring PSA MC/Report of Marriage. Choose exact format (with/without hyphen).
Are you reverting due to death/annulment/divorce (recognized)?
- Yes → Bring PSA-annotated records and court/death documents as applicable. Ensure PSA records reflect the change.
10) Practical tips
- Uniformity across records: Airlines and immigration care about consistency. Your passport, visas, and tickets should match exactly.
- Bring more evidence than you think you need: Old passports, government IDs, school/employment records can resolve doubt at the counter.
- Do not rely on “verbal explanations.” DFA officers decide based on documents—primarily PSA records and valid IDs.
- Expect that fees, lead times, and appointment policies change. The legal principles above are stable, but administrative details evolve; always check the latest DFA advisories before filing.
- Keep certified copies of critical documents (marriage/annulment/death/recognition decisions, Reports of Marriage) and request PSA copies early, since annotations can take time to propagate.
11) Key legal anchors (for orientation)
- Civil Code, Art. 370 — Married woman’s surname options.
- Republic Act No. 8239 — Philippine Passport Act.
- Remo v. Secretary of Foreign Affairs, G.R. No. 169202 (5 March 2010) — Adoption of husband’s surname is optional; a married woman may continue using her maiden name.
- Republic Act No. 9048 (as amended) — Administrative correction of clerical/typographical errors; change of first name.
- Republic Act No. 10172 — Administrative correction of day/month of birth and sex (clerical/typographical).
- RA 9255 — Use of the father’s surname for children born out of wedlock (with proper acknowledgment and PSA annotation).
- PD 1083 — Code of Muslim Personal Laws (where applicable).
12) Bottom line
- If your PSA Birth Certificate shows your maiden surname, that is normal, and you may keep using it for your passport—even if you are married.
- To use your husband’s surname, submit PSA Marriage Certificate/Report of Marriage and choose your preferred, legally allowed format.
- For reversion or other changes, ensure your PSA records are annotated (and court/other documents are final) before asking DFA to change your passport name.
- When in doubt, align everything to what appears on your PSA and its annotations—that is the foundation of your passport name.