Legal Process for Changing Surname from Father’s to Mother’s in the Philippines

The colonization of  Spain and America in the Philippines has strongly influenced the name of the Filipinos. We follow the Spanish tradition of using both surnames of the father and mother, while the name structure is followed by the Western name order of first name, middle name, and last name. 

A surname, commonly referred to as a last name or family name, is a name that each individual shares with their family members and also passed down from one generation to another. It serves to indicate an individual’s ancestry, profession, or place of origin. 

What are the Reasons for Changing a Surname from Father’s to Mother’s?

Traditionally, when the child is born, it is automatic that they will take the surname of their father. However, there are circumstances where a child may adopt their mother’s surname:

• If the father has completely abandoned the child and is no longer involved in their life. 
• Illegitimate children have the right to carry their mother’s surname, as outlined in Article 176 of the Republic Act No. 9255.

• If the father fails to fulfill his financial obligations toward the child.

• In cases where the child’s safety is at risk, such as domestic violence or abuse, adopting the mother’s surname can protect them from harm or stigma.

• If the mother remarries and her new spouse wishes to adopt the child, a surname change to the stepfather’s surname may be granted.

Who is Eligible to Change a Surname from Father’s to Mother’s?

Pursuant to Republic Act No. 9048, any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil registry may file in person, a verified petition with the local civil registry office at  the city or municipality where the record being sought to be corrected or changed is registered. Additionally, if a minor wishes to change their last name from their father’s to their mother’s, a parent or guardian must file the petition on their behalf.

Is the Father’s Consent Required Before Changing a Child’s Surname to the Mother?

The father’s consent is not required in cases where he has been proved to be unfit and forfeited his parental rights. However, the court will still require evidence and thorough examination of these circumstances. In addition, the court evaluates several key factors:

• The relationship between the child and the father;
• Best interest of the child, prioritizing their welfare and future, outlined in the Family Code of the Philippines;

• Any history of abandonment, neglect, or abuse by the father; and

• The child’s preference regarding retaining the father’s surname, especially if the child is of legal age.

Moreover, the father may object to the petition, particularly if he believes that changing the last name is not in the child’s best interest or if he is actively involved in the child’s life. 

How Much Does it Cost to Change a Surname from Father’s to Mother’s?

The following fees and expenses may vary depending on the complexity of the case, the additional documents required by the court, and the range of legal assistance available:

How Can I Change My Surname from Father’s to Mother’s?

In the Philippines, the process of changing a surname from father to mother requires legal procedures:

• Gather Documents. Collate all supporting documents such as the birth certificate and/or proof of paternity, and attach to the Petition and Judicial Affidavit. 
• Consent. If the father acknowledges the child, his consent may be required, especially if the child is a minor. However, in cases of abandonment or neglect, the court may proceed without his consent after proper notice and publication. 
• File a Petition. The petitioner or its authorized representative must file a petition in the Regional Trial Court (RTC), stating the reason for wanting to change the surname.
• Publication. The court will require the notice of the petition to be published in a newspaper of general circulation. This is to inform any interested parties and allow them the opportunity to oppose the petition.
• Court Proceedings. The court will review the petition and will require court hearings, which the petitioner with their legal representative must attend. 
• Court Decision. If the petition is granted and becomes final, the petitioner can now legally change their last name. Additionally, the court’s decision will have to be endorsed  to the Local Civil Registrar and Philippine Statistics Authority (PSA), to implement the changes.
• Update of Records. The petitioner or their authorized representative must submit a certified true copy of the court’s order to the Civil Registrar where the child’s birth was registered. The changes will also be updated in the Philippine Statistics Authority (PSA) records.

It is advisable to consult with a lawyer for legal advice and assistance throughout this process. They can help prepare the petition, gather necessary documents, represent you in court, and ensure your interests are protected.

How Long Does the Process Take to Change a Surname from Father’s to Mother’s?

Changing a surname from father to mother is a lengthy process. Generally, the process may take several months to a year or longer, depending on the court’s schedule and whether any objections arise during the proceedings.

Need further information and assistance regarding Change of Name? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.

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