Petition to Change a Child’s Surname in the Philippines: Requirements and Procedure

This is a practical, Philippine-specific guide for parents, guardians, and counsel. It covers all lawful pathways—administrative and judicial—for changing a minor child’s surname, the documents you’ll typically need, where to file, and common pitfalls.

1) The legal starting points (what the law says about children’s surnames)

Legitimate children (born to married parents) By default, they use the father’s surname. This flows from the Civil Code/Family Code framework on filiation of legitimate children.
Illegitimate children (born to unmarried parents) By default, they use the mother’s surname. However, under RA 9255 (amending the Family Code), an illegitimate child may use the father’s surname if filiation is expressly recognized by the father (more on this below).
Administrative corrections vs. judicial changes
- RA 9048 (as amended by RA 10172) allows administrative correction of clerical/typographical errors in civil registry entries and change of first name—not a change of surname (except to fix clear clerical mistakes in the spelling of the surname).
- Changing a surname because you want a different surname (not just fixing a misspelling) generally requires a court petition under Rule 103 of the Rules of Court—unless the surname change is a direct legal consequence of adoption or legitimation (which are processed differently, see below).
Best interests of the child For minors, courts and agencies apply the “best interests of the child” standard. Even when a parent wants a change, the child’s welfare controls.

2) All lawful pathways to change a child’s surname

There are five distinct pathways. Choose the one that applies to your situation.

Path A — Adoption (surname change follows by operation of law)

What happens: Upon a final adoption order, the child typically takes the adoptive parent’s surname.
Where processed now:
- Domestic adoption is primarily administrative under RA 11642 (Domestic Administrative Adoption and Alternative Child Care Act). The National Authority for Child Care (NACC) issues the adoption order.
- Inter-country adoption remains under its specific statute/regime.
After the order: The Local Civil Registry Office (LCRO) and the PSA annotate/issue the amended birth record reflecting the new surname.

Key documents: NACC/competent authority’s Order of Adoption, child’s PSA birth certificate, valid IDs. Tip: You do not file a Rule 103 name-change case when adoption already legally fixes the surname; you simply implement the adoption order with the LCRO/PSA.

Path B — Legitimation by subsequent marriage of the parents

What happens: If a child (originally illegitimate) is legitimated because the parents married each other after the child’s birth (including cases covered by RA 9858), the child acquires the status of a legitimate child and accordingly uses the father’s surname.
How implemented: Usually administrative at the LCRO by filing an Affidavit of Legitimation (or equivalent forms) with the marriage certificate and the child’s PSA birth certificate.
Output: PSA issues/annotates the record to reflect legitimation and the surname change.

Tip: No Rule 103 case is needed; you process legitimation and then annotate the birth record.

Path C — Illegitimate child using the father’s surname (RA 9255)

What happens: An illegitimate child may use the father’s surname if paternity is expressly recognized by the father:
- in the record of birth (he signed as father), or
- via an Affidavit of Admission of Paternity (AAP), or
- via a public document (e.g., notarized acknowledgment) or a private handwritten instrument signed by the father acknowledging filiation.
Who must consent (age-tiered practice):
- 0–6 years: Mother executes the Affidavit to Use the Surname of the Father (AUSF).
- 7–17 years: Child consents (often co-signed with the mother), plus the father’s AAP or equivalent acknowledgment.
- 18+ years: The child executes the AUSF personally (no longer a “child” in law, but this is the administrative route adults take to align records).
Where filed: LCRO where the birth is registered (or where the record is kept). If the birth was reported abroad, file at the Philippine Consulate that keeps the record or through PSA procedures for consular reports.
Output: LCRO/PSA updates the birth record; the child’s surname becomes the father’s. As a matter of civil registry practice, once the father’s surname is used, the mother’s maiden surname commonly becomes the middle name; an illegitimate child who does not use the father’s surname typically has no middle name.

Important caveats:

The mother’s consent (until the child reaches majority) has been treated as essential in practice to protect the child’s interests. A father cannot unilaterally impose his surname against the custodial parent’s/child’s best interests.
If the father is deceased or refuses to acknowledge paternity (no AAP/recognition), the RA 9255 route is not available; you may need to prove filiation in court and then pursue a judicial name change.

Typical documents: PSA birth certificate, AAP (or other recognition), AUSF, valid IDs of signatories, supporting records (e.g., school/medical/baptismal records for consistency), and, where applicable, consular authentications.

Path D — Clerical/typographical correction of the surname (RA 9048/RA 10172)

What qualifies: Simple spelling errors or clerical mistakes in the surname (e.g., “Dela Cruz” vs. “De la Cruz”) can be corrected administratively at the LCRO under RA 9048.
What does not qualify: A change to a different surname (e.g., from the father’s surname to the mother’s, or vice-versa) is not a “clerical error” and cannot be done under RA 9048.

Typical documents: Petition form, PSA birth record, proof of the correct spelling (parent’s IDs, parent’s PSA records, school/baptismal records), and valid IDs.

Path E — Judicial Petition for Change of Name (Rule 103)

Use this when no administrative path fits (e.g., seeking to change from father’s to mother’s surname for welfare reasons; father refuses to sign AAP but you want to drop his surname; or any discretionary surname change that is not a direct legal consequence of adoption/legitimation).

Venue: Regional Trial Court (RTC) of the province/city where the minor resides.
Who files: The parent/guardian on behalf of the minor (the court will usually appoint a guardian ad litem).
Grounds: The petitioner must show “proper and reasonable cause”; for minors, the court applies the best interests of the child. Common, fact-sensitive grounds include:
- long, consistent use of the target surname causing confusion with records;
- abandonment, non-support, or harm by the father, making continued use of his surname prejudicial;
- to avoid ridicule or to protect the child from stigma;
- to unify the child’s surname with the custodial family/siblings for welfare reasons.
Procedure (high level):
1. Verified Petition stating facts of birth, current surname, desired surname, detailed reasons, and relief. Attach PSA birth certificate and supporting evidence (school/medical/church records, affidavits of disinterested persons, etc.).
2. Court order setting hearing and directing publication of the order once a week for three consecutive weeks in a newspaper of general circulation.
3. Notice to the LCRO/PSA and the State (the OSG or the public prosecutor represents the Republic).
4. Hearing: present testimony and documents; oppositors (if any) may be heard.
5. Decision: If granted, the court orders the LCRO/PSA to annotate/amend the birth record.
6. Implementation: After the judgment becomes final, bring the Entry of Judgment/Certified Decision to the LCRO/PSA for annotation and issuance of updated PSA copies.

Notes:

Rule 103 is a special proceeding. Publication is jurisdictional.
Changing a surname must not be used to evade liabilities (e.g., debts, criminal cases).
If the desired change is bound up with civil status records (e.g., you also need to reflect filiation), practitioners sometimes combine or sequence Rule 103 with Rule 108 (cancellation/correction of entries). Strategy depends on the facts.

3) Choosing the correct route (quick decision guide)

There’s a final adoption order → Path A (implement adoption; no Rule 103 case).
Parents married each other after birth (legitimation) → Path B (LCRO annotation).
Illegitimate child wants to use father’s surname and the father will/has acknowledged paternity → Path C (RA 9255 at LCRO).
Surname is misspelled → Path D (RA 9048).
None of the above fits or you seek a discretionary change (e.g., from father’s to mother’s surname for welfare reasons) → Path E (Rule 103 in court).

4) Documentary checklists (by pathway)

Path A — Adoption

Adoption Order/Decree (NACC or competent authority)
Child’s PSA birth certificate (latest copy)
Valid IDs of filing parent/guardian; LCRO forms
Fees for annotation/issuance of new PSA copies

Path B — Legitimation

Parents’ PSA marriage certificate
Child’s PSA birth certificate
Affidavit of Legitimation (LCRO form)
Valid IDs; LCRO fees

Path C — RA 9255 (Use of Father’s Surname)

AAP (or public/private instrument acknowledging filiation) signed by the father
AUSF (by mother if 0–6; by child plus mother’s participation if 7–17; by person if 18+)
Valid IDs of signatories; child’s PSA birth certificate
Supporting documents (school/medical/church records)
If executed abroad: consular authentication/apostille as applicable
LCRO/consular fees

Path D — RA 9048 (Clerical Error in Surname)

Petition form; PSA birth certificate
Proof of correct spelling (parents’ PSA records, IDs, prior school records)
Valid IDs; LCRO fees

Path E — Rule 103 (Court Petition)

Verified Petition (with counsel’s details)
Child’s PSA birth certificate; parents’ marriage certificate (if any)
Supporting records (school cards, baptismal certificate, medical records, barangay certificates, affidavits of disinterested witnesses)
Proposed Order for publication; newspaper publication arrangements
Proof of publication (affidavits/tear sheets)
Appearance of guardian ad litem (often appointed by the court)
Filing fees; sheriff/process fees

5) Practical issues and FAQs

A. Can a father force an illegitimate child to use his surname? No. Under RA 9255 practice and child-welfare principles, the mother’s consent (for minors) and the child’s best interests control. A father’s acknowledgment is necessary to enable the option, but it doesn’t compel the change.

B. Middle name rules—what happens when we switch surnames?

Legitimate/legitimated: Middle name is typically the mother’s maiden surname; last name is the father’s surname.
Illegitimate, not using father’s surname: Traditionally no middle name.
Illegitimate who adopts father’s surname under RA 9255: As a matter of civil registry practice, the mother’s maiden surname becomes the middle name and the father’s becomes the last name. (Check your LCRO’s implementing guidelines; practice is fairly uniform.)

C. Father is foreign or abroad—can RA 9255 still apply? Yes—if the father’s acknowledgment is in an admissible form (e.g., notarized AAP, or acknowledgment in a public document) and properly authenticated/apostilled if executed abroad.

D. The child was registered under the father’s surname; we want to switch to the mother’s—how? No administrative route exists to drop the father’s surname just because you changed your mind later. You’ll usually need a Rule 103 petition, arguing best interests (e.g., abandonment, harm, confusion). Prepare evidence.

E. How long does it take and how much does it cost? Time and costs vary widely by city/province, case complexity, and newspaper rates. Administrative LCRO actions are generally faster and cheaper than judicial Rule 103 cases (which entail filing fees and publication costs). Ask your LCRO and chosen newspaper for current rates.

F. After approval, what do we update?

Obtain new PSA copies showing the annotation/amendment.
Update Philippine passport, school records, PhilHealth, SSS, bank records, immunization cards, and other IDs.

G. Will a surname change affect custody or support? No. A surname change does not alter filiation, parental authority, support obligations, or inheritance rights. Those depend on status (legitimate/illegitimate/adopted) and filiation, not the choice of surname.

H. Can the change be “undone”?

Administrative RA 9255 changes can be revisited only through another proper proceeding; they are recorded permanently.
Judicial changes are final once the judgment becomes final and executory, and cannot be casually reversed; any later change again requires proper legal basis and procedure.

6) Step-by-step: exemplar procedures

A) RA 9255 (LCRO) — Illegitimate child to father’s surname

Confirm filiation: Father has signed the birth record or execute AAP/public document acknowledging paternity.
Prepare AUSF (right signatory depends on age).
Gather IDs and supporting records.
File at LCRO that keeps the birth record; pay fees.
LCRO processes and forwards to PSA for annotation.
Claim updated PSA copies; update downstream records.

B) Rule 103 — Court petition to change surname

Draft petition (counsel strongly recommended): set out facts, grounds, and relief; attach exhibits.
File in RTC where the minor resides; pay filing fees.
Court issues order for hearing and publication (1×/week for 3 consecutive weeks).
Publish; submit proof of publication; ensure notice to LCRO/PSA and OSG/prosecutor.
Hearing: present evidence and witnesses; oppositions answered.
Decision: if granted, secure certified copy and entry of judgment.
Implement at LCRO/PSA; obtain updated PSA copies and update IDs.

7) Common pitfalls (and how to avoid them)

Using the wrong pathway. If the change stems from adoption or legitimation, don’t file a Rule 103 case—implement the status change at the LCRO.
No valid acknowledgment for RA 9255. Without an AAP or equivalent acknowledgment by the father, LCROs cannot process RA 9255.
Treating a discretionary surname change as a clerical error. RA 9048 won’t cover it.
Weak factual record in Rule 103. For minors, assemble concrete proof of best interests: school/church certificates, medical or counseling notes (if relevant), affidavits of teachers/relatives, proof of abandonment/non-support, evidence of confusion or harm.
Skipping publication or improper publication. Publication under Rule 103 is jurisdictional; follow the order strictly.
Not finishing implementation. After any approval, many parents forget to annotate at LCRO/PSA and update passports/IDs—do this promptly.

8) Simple templates (for orientation only)

Affidavit to Use the Surname of the Father (AUSF) — include: child’s details; father’s full name; basis of filiation (e.g., AAP dated __); consent of mother (if minor) or consent of child (if 7–17); declarant’s IDs; notarization/jurat.

Rule 103 Petition (skeleton): Caption; parties (parent as petitioner on behalf of minor; Republic as nominal oppositor); jurisdictional allegations (residence, age); facts of birth/parents; current vs desired surname; grounds (detailed best-interests narrative); prayer; verification and certificate of non-forum shopping; annexes (PSA birth cert, school/church/medical records, affidavits).

(Have a lawyer adapt these to your facts and the local court’s practice.)

9) Final reminders

The PSA/LCRO will implement whatever lawful change you obtain—make sure you carry the process through to annotation and re-issuance of the child’s PSA birth certificate.
When in doubt about venue, wording of petitions/affidavits, or mixed issues of status (filiation/legitimation/adoption), consult counsel. Strategy matters—and using the correct legal pathway saves months and money.

If you want, tell me your exact scenario (marital status, who the child lives with, what surname is on the PSA record now, and what you want it changed to), and I’ll map it to the fastest lawful route and a personalized checklist.