- Hello attorney! Nabasa ko po yung isang tanong na sinagot niyo about the process on how to possibly change the surname of an illegitimate child at dun ko din po nakuha yung email address niyo.
Nag email po ako para mag ask din ng advice.
May 2-year old son po ako and he’s carrying the surname of his father. Hindi po kami married. He was recognized by his father.
However, the birth certificate was not signed by him. I forged the signature as he asked me to (which I agreed as by that time I want my son to carry his last name).
We have been separated for a year and I am not getting any support from him, be it emotional or financial. I want to know on how I can easily request for a change of my son’s surname from his father’s surname to my surname without a middle name.
Please note also that his father is now married to someone else. I’m planning to have my son start going to school when he turns 4. I want him to carry my last name instead of his father’s. Your response and advice will be highly appreciated. Thank you.Ms.C.
Ans: As I have answered and addressed similar questions in the past, the surname of your child who was born out of wedlock may now carries the surname of the biological father pursuant to Republic Act No.9255, for as long as the biological father have recognized the child by affixing his signature in the birth Certificate or in a separate document. Even if the birth certificate of the child is not signed by the biological father, recognition by the father may also be in the form of separate document signed by him under oath or any other acts as to indicate recognition of the child as his.
As a rule, under Art.176 of the Family Code, an illegitimate shall bear the surname of the biological mother and as such parental authority is vested by the biological mother. However, as mentioned above, the Family Code as amended now allows an illegitimate child to use the surname of the biological father such as in your case, although you claim that you forged the signature of his father with his consent . However , this did not erase the fact that the biological father did in fact recognized the child and has authorized you to affixed his signature.
However, changing the surname of the child significantly have legal implications as it could affect the child’s identity , the child status as a recognized presumptive heir of the biological father and the child’s right of support from the biological father notwithstanding that as you claim, the father failed to provide such support financially and emotionally.
For the above reason, there is a compelling need to seek judicial approval in the changing of the surname of the child. For this purpose , a petition in court through your lawyer should be initiated by you citing the circumstances that you mentioned in your letter, among others.
It could had been different story, where the changing of the name pertains only to the typographical or clerical errors, or the first name , nickname or gender of the child. In this case, there is no need to secure court imprimatur pursuant to Section 4 Republic Act 9048 as amended by Republic Act No.10172. In this situation, what is needed in this situation is just to file a verified petition for change or correct the errors mentioned above with the office of the Civil Registrar of the place where the birth of the child was registered, by way of administrative proceedings only.
However, the said law could not be applied in cases where the change of name or corrections in the entries of birth pertains to the surname of a person and have adverse effects on the civil status of the child . If at all, one has to go to court and seek judicial approval in an adversarial proceedings .
Looking forward you’ll find the above in order. Thank you for writing and for being part of the “ Batas Pinoy Global Community”.
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