Passport Application Using the Mother’s Surname for a Child in the Philippines A comprehensive legal-practice guide (updated June 2025)
1. Why a child might carry the mother’s surname
| Scenario | Governing rule | Key statute / authority |
|---|---|---|
| Illegitimate child (parents not married at conception/birth and father does not execute recognition) | Child automatically uses the mother’s surname. The mother has sole parental authority. | Art. 176, Family Code (as amended) |
| Illegitimate child subsequently “acknowledged” by the father | Child may—but is not required to—switch to the father’s surname through an administrative RA 9255 proceeding or a court petition. Until that happens, the mother’s surname remains valid. | RA 9255 (2004) + IRR |
| Legitimation by subsequent marriage | After legitimation the child becomes legitimate and is obliged to bear the father’s surname (Art. 177 FC, RA 9858). A Philippine passport in the mother’s surname will not be renewed unless the birth record is first corrected. | RA 9858 (2009) |
| Adoption | The adoptive parents choose the child’s new surname; if only the adoptive mother adopts, her surname is used. | RA 11642 (2022) |
| Foundlings / simulated birth rectification | Birth record created/rectified under RA 11222 names the “legal” parent(s). If only the mother is listed, the child uses her surname. | RA 11222 (2019) |
Practice tip: Outside these situations a legitimate child cannot legally adopt the mother’s surname as the last name; the mother’s maiden surname functions only as the child’s middle name.
2. Core legal framework for passport issuance to minors
| Source | Main points relevant to a child in the mother’s surname |
|---|---|
| Republic Act 8239 (Philippine Passport Act of 1996), IRR 2014 | DFA may issue a passport only upon proof of citizenship and identity; for minors, the “parent exercising sole parental authority” signs the application. |
| DFA Passport Manual 2017 (current as of 2025) | Lists documentary requirements by applicant class, including a dedicated checklist for an “Illegitimate Minor — Mother’s Surname” category. |
| DSWD Administrative Order 12-2017 | Travel Clearance needed if the child (1) is traveling alone, or (2) with a person other than the mother. No clearance is required when traveling with the mother who has sole parental authority. |
| Bureau of Immigration Operations Order SB-2021-022 | Sets departure formalities; BI will look for a valid passport and, where applicable, DSWD clearance and notarized parental consent if the mother is not part of the trip. |
3. Documentary requirements at a glance
(latest DFA checklist, Metro Manila consular offices)
Confirmed online appointment for “Minor — New/Renewal”.
Duly accomplished application form (auto-generated after payment).
Original PSA-issued Birth Certificate (security paper, issued within last 12 months) showing the mother’s surname as the child’s last name.
Valid ID of the minor
- School ID or Learner Reference Number print-out, or
- If under 7 years old: no ID required; bring Baptismal/Clinic record if available.
Personal appearance of the mother with:
- Her valid Philippine passport or one government-issued photo ID; and
- If passport is expired, DFA-accepted secondary IDs (UMID, PRC, etc.).
If father’s name appears on the birth certificate but no RA 9255 annotation
- Affidavit of Illegitimacy / Sole Parental Authority executed by the mother (notarized).
- Latest CENOMAR of the mother (occasionally requested) to show no subsisting marriage.
If renewing an existing passport in the mother’s surname: old passport (original + photocopy).
Optional but prudent: A Barangay Certification or School Certificate of Enrollment linking the child to the mother’s address, useful if names differ slightly.
Note: No father’s consent or ID is required unless the father is asserting custodial rights or the child already carries his surname.
4. Step-by-step application process
Set an online appointment at passport.gov.ph.
- Select the category “Minor — Illegitimate Child (Mother’s Surname)” if offered; otherwise choose “Minor — New/Renewal” and inform the screener on site.
Pay the processing fee within 24 hours (₱950 regular / ₱1 200 expedited; courier ₱180).
Appear at the DFA site on schedule with your complete documents.
- Priority lane: Children ≤ 7 years old, PWD parent/child, solo parent (RA 8972) may use the Courtesy Lane (no appointment in some consular offices).
Document evaluation & cashier: officer stamps “SP-ILLEG” (Sole Parent-Illegitimate) on the file if applicable.
Biometrics capture
- Photo: the child must open both eyes, neutral expression. No glasses, headgear.
- Fingerprints: not taken for applicants under 7.
- Signature: not taken if the child cannot sign; DFA prints “Minor”.
Claim stub issued.
- Metro Manila: 6 working days (expedite) / 12 working days (regular).
- Provincial: 7-15 working days depending on site.
Release to the mother or an authorized adult (authorization letter + photocopies of IDs).
5. Traveling with the new passport
| Situation | Extra document at airport? | Authority |
|---|---|---|
| Child departs with the mother | None (passport + boarding pass suffice). | BI O.O. SB-2021-022 |
| Child departs alone or with another relative/friend | DSWD Travel Clearance + mother’s notarized permit to travel + photocopy of her passport. | DSWD A.O. 12-2017 |
| Child is a dual citizen (PH + foreign) | Present both passports; no exit clearance needed. | BI, RA 9225 |
6. Change of surname later on
| Desired change | Procedure | Practical tip |
|---|---|---|
| Switch to father’s surname after recognition | Administrative RA 9255 petition at the Local Civil Registrar (LCR) where the birth was registered; annotation appears on PSA birth copy in ~3-6 months. | File early; DFA will require the PSA with RA 9255 annotation before altering the passport. |
| Legitimation after parents’ subsequent marriage | RA 9858 legitimation at the LCR → new birth record; present to DFA for passport renewal. | Apply for a new passport immediately; the old one becomes void once the surname changes. |
| Minor error in mother’s surname (typo) | RA 9048/10172 clerical error correction at the LCR; submit the annotated PSA to DFA together with the passport application. | DFA will not accept “marginal notes” still in process; wait for the final annotated PSA. |
7. Frequently asked questions
| Question | Short answer |
|---|---|
| Does the father have to be present? | No, unless the child bears his surname or there is a custody dispute. |
| My child is 2 years old; can I sign the passport? | The mother signs the application form; the passport itself has no signature line for infants. |
| Can I expedite without extra cost because I’m a solo parent? | Courtesy Lane waives the appointment but not the ₱1 200 expedite fee. |
| Our marriage annulment is pending; may my (still-legitimate) child take my surname? | Not unless the child is first declared illegitimate through a court order—rare and legally complex. Seek counsel. |
| The birth certificate lists the father but the child still uses my surname. Will DFA reject us? | DFA will ask for an Affidavit of Illegitimacy/Sole Custody explaining why RA 9255 was not availed of. Bring supporting evidence (e.g., no support, no communication). |
8. Common pitfalls for practitioners
- Old PSA copies – DFA sometimes rejects certificates printed >1 year ago; order new ones.
- Unsigned affidavits – submit notarized originals, not drafts.
- Mother’s ID mismatch – ID name must match the one on the child’s PSA; if married later, present both maiden-name ID and PSA marriage certificate.
- Attempting to “pre-change” the surname at DFA – surname changes must be completed at civil registry level first.
- Missing travel clearance – BI strictly checks this when the mother is not on the flight.
9. Professional checklist (tear-off format)
- ☐ PSA Birth Certificate (latest, clear)
- ☐ DFA Passport Application Form (minor)
- ☐ Mother’s valid ID or passport
- ☐ Affidavit of Illegitimacy/Sole Authority (if father named)
- ☐ CENOMAR of mother (if requested)
- ☐ School/Baptismal/Clinic ID or record for child
- ☐ Photocopies (1 × all originals)
- ☐ DSWD Travel Clearance (if required)
10. Final thoughts
A Philippine child lawfully bearing the mother’s surname enjoys the same right to a passport as any other Filipino, but the burden of proof rests on the applicant to show (1) proper civil status and (2) that the applying parent is the sole authority. Following the statutes above—and arriving with impeccable documentation—virtually eliminates refusals or delays.
This article is informational and does not substitute for personalized legal advice. For complex custody or surname disputes, consult a Philippine family-law practitioner.