Introduction

In the Philippines, the legal framework governing surnames for children is rooted in the Civil Code, the Family Code of the Philippines (Executive Order No. 209, as amended), and related jurisprudence from the Supreme Court. These laws emphasize the protection of family integrity, legitimacy of birth, and the child's best interests. However, the absence of legal recognition for same-sex marriages or unions poses significant challenges for same-sex couples seeking to assign a partner's surname to a child. As of 2025, same-sex marriage remains unrecognized under Philippine law, influencing how surnames can be bestowed or changed. This article explores the relevant statutes, judicial interpretations, procedural requirements, and practical implications, providing a comprehensive overview within the Philippine context.

Legal Basis for Surnames in Philippine Law

The Family Code and Surname Assignment

The Family Code, enacted in 1987, primarily regulates the use of surnames for children:

Legitimate Children: Under Article 164, legitimate children (those born or conceived during a valid marriage) shall principally use the surname of the father. If the parents agree, the child may use the mother's surname or a combination, but this requires annotation on the birth certificate.
Illegitimate Children: Article 176, as amended by Republic Act No. 9255 (2004), states that illegitimate children (born outside of wedlock) shall use the mother's surname. However, if the father acknowledges the child via an affidavit of acknowledgment, the child may use the father's surname. This amendment aimed to reduce stigma but is limited to heterosexual acknowledgments in practice.
Adopted Children: Republic Act No. 8552 (Domestic Adoption Act of 1998) and Republic Act No. 8043 (Inter-Country Adoption Act of 1995) allow adopted children to take the adopter's surname upon finalization of adoption. The adopter must be a Filipino citizen or qualified alien, and joint adoption is restricted to married couples.

These provisions assume heterosexual norms, as the Family Code defines marriage as between a man and a woman (Article 1). Consequently, same-sex partners cannot legally marry, and thus cannot jointly adopt or automatically confer surnames as a marital unit.

Absence of Recognition for Same-Sex Unions

The Philippine Constitution (1987) protects the family as the basic unit of society but does not explicitly address same-sex relationships. Supreme Court rulings, such as in Ang Ladlad LGBT Party v. Commission on Elections (G.R. No. 190582, 2010), affirm equal protection for LGBTQ+ individuals but stop short of mandating recognition of same-sex unions. In Jesus Nicardo M. Falcis III v. Civil Registrar General (G.R. No. 217910, 2019), the Court dismissed a petition for same-sex marriage recognition, deferring to Congress for legislative action. No such law has been passed by 2025, leaving same-sex couples without marital rights, including surname transmission to children.

Challenges for Same-Sex Couples in Assigning Surnames

Biological Children via Assisted Reproduction

For same-sex couples, children may be conceived through artificial insemination, surrogacy, or in vitro fertilization. Philippine law lacks specific regulations on these methods:

If a female same-sex partner gives birth, the child is considered illegitimate (no legal father), and must use the birth mother's surname under Article 176.
The non-biological partner has no automatic right to confer their surname. Acknowledgment, typically reserved for fathers, does not apply to same-sex scenarios. Attempts to use affidavits for "acknowledgment" by a same-sex partner have not been tested in courts but would likely be invalid, as acknowledgment implies paternity.
Surrogacy is unregulated and potentially void under anti-trafficking laws (Republic Act No. 10364), complicating surname issues further.

Adopted Children

Adoption offers a potential pathway, but barriers exist:

Single Adoption: A single LGBTQ+ individual can adopt under RA 8552, provided they meet qualifications (e.g., at least 27 years old, financially capable). Upon adoption, the child takes the adopter's surname. However, the same-sex partner cannot jointly adopt, as joint adoption requires a heterosexual marriage.
Step-Parent Adoption Analogy: In heterosexual contexts, a step-parent can adopt after marriage. For same-sex couples, no equivalent exists. If one partner adopts singly, the other cannot later adopt without proving the first adoption's dissolution or other legal grounds, which is rare.
Jurisprudence, such as Republic v. Toledano (G.R. No. 94147, 1994), emphasizes the child's welfare but does not extend to same-sex contexts.

Name Change Procedures

To give a child a same-sex partner's surname outside of birth or adoption, a legal name change is required under Rule 103 of the Rules of Court:

Petition for Change of Name: Filed in the Regional Trial Court of the child's residence, this requires publication in a newspaper and a hearing. Grounds include when the name is ridiculous, dishonorable, or difficult to pronounce, or to avoid confusion. Simply preferring a partner's surname may not suffice without compelling reasons tied to the child's best interests.
For minors, the petition must be filed by a parent or guardian, with notice to the other parent if applicable. Courts scrutinize such petitions strictly, as seen in In Re: Petition for Change of Name of Julian Lin Carulasan Wang (G.R. No. 159966, 2005), where changes must not prejudice public interest.
Administrative corrections under Republic Act No. 9048 (Clerical Error Law, as amended by RA 10172) allow fixes for typographical errors but not substantial changes like adopting a new surname.

Success in name change petitions for same-sex contexts is anecdotal and depends on judicial discretion. No Supreme Court precedent directly addresses this, but lower courts may deny based on traditional family views.

Related Laws and Implications

Child's Rights and Welfare

The Child and Youth Welfare Code (Presidential Decree No. 603) and the United Nations Convention on the Rights of the Child (ratified by the Philippines) prioritize the child's identity and family relations. However, these do not override domestic surname laws. In David v. Court of Appeals (G.R. No. 111180, 1995), the Court upheld surname use as part of identity but within legal bounds.

Discrimination and Equal Protection

Article III, Section 1 of the Constitution guarantees equal protection. LGBTQ+ advocates argue that denying surname rights discriminates, but courts have not ruled favorably. Bills like the SOGIE Equality Bill (pending in Congress as of 2025) aim to prohibit discrimination but do not directly address surnames.

Practical Considerations

Birth Registration: The Local Civil Registrar registers births under the Civil Registry Law (Act No. 3753). Only the biological mother's or father's surname can be used initially.
School and Official Documents: Children may face inconsistencies if using an unofficial surname, leading to issues in passports, schools, or inheritance.
International Contexts: If the child is born abroad or one partner is foreign, conflicts of law may arise, but Philippine courts apply lex loci (law of the place) for birth matters.

Judicial and Legislative Developments

While no landmark case directly tackles same-sex surname assignment, related rulings like Silverio v. Republic (G.R. No. 174689, 2007) on name changes for transgender individuals show courts' conservatism on identity alterations. Legislative efforts, such as House Bill No. 10167 (Civil Partnership Act, proposed in 2023), seek to recognize same-sex partnerships with rights akin to marriage, including potential surname provisions, but remain unenacted.

Conclusion

Philippine law on giving a same-sex partner’s surname to a child is restrictive due to the non-recognition of same-sex unions. Primary avenues—birth registration, adoption, and name change petitions—favor traditional family structures, leaving same-sex couples to navigate complex, often unsuccessful paths. Until legislative reforms occur, such as legalizing same-sex marriage or partnerships, these limitations persist, underscoring the need for advocacy to align laws with evolving societal norms. Couples are advised to consult legal experts for case-specific guidance, as outcomes can vary by jurisdiction and evidence presented.