By | September 30, 2017
  1. Greetings. Hello atty. I  would like to ask  how will I be able to change the surname of my child. She is carrying his biological father’s surname. And we now live separate ways. Yes, he acknowledged my child.


I have plans of getting married and my husband to be want to change his surname. Can we possibly change it without any consent of the biological father?


The biological father does not want the surname  be changed despite of the fact that  he does not work nor support my child. What are the possible things to do? Thank you and more power!


ANS: As mentioned in the past similar queries, as a rule, an illegitimate child should use the surname of the biological mother under Art.176 of the Family Code, as amended.


However, pursuant to Republic Act No 9225, otherwise known as  An Act Allowing Illegitimate Children to use the surname of the biological father  provided that a written consent is given by him, by way of a public document recognizing  the child as his offspring or in the acknowledgement of the father as appearing in the record of birth of the child. Such is the status of your child being a


duly acknowledged by his biological father and he does not want that the surname of the child bearing his surname be changed.


Based on the ruling of the Supreme Court, in the case Grace Grande v. Patricio Antonio(G.R. No.206248, February 18,2014), the court held that the use of the surname of the biological father of an illegitimate child is discretionary. According to this ruling, even if the biological father acknowledges his illegitimate child, he cannot force or insist in the use his surname.


On the basis of the said ruling, your illegitimate has the option to use or not to use the surname of his biological father. For this purpose, you can make representation with the Office of the Civil Registrar where the birth of  your child is registered and do some paper works for the illegitimate child to be able to use your maiden surname.


Note further that should you marry someone in the future, you cannot change the surname of your illegitimate child to the surname of your future husband even if your future agrees. This is not allowed by law.


What you can be done is for both of you to legally adopt your illegitimate child. If the court approves the adoption, this will pave the way for your child to use the surname of your future husband. Your child as an adopted child shall be entitled to all rights and privileges of an legitimate child.


Thank you for being part of the Batas Pinoy Global Community.


Disclaimer: Batas Pinoy Corner Not Legal opinion:

Material placed on this corner  is for the purpose of providing information only. It is not intended as  practice of law or legal services. Such that no client-lawyer relation is thereby engendered.  Although the writer believes that the information in this writing is accurate at the time it was first provided or as relayed by the person asking or soliciting the information from the writer,such circumstances or  understanding of the facts as conveyed to the writer  by the sender may not actually  reflect the ultimate facts or circumstances earlier represented and  as understood by the writer.


This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner  is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professionals for  legal advice as regards to the information obtained in this column.


* *  *   

Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query  either in English or Pilipino in plain, concise and orderly  presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments  to:  .