Dear IBP Davao,
pwede po ba mag ask kung ano ang dapat gawin o proseso in changing surname of my son?anak ko po sya sa pagkadalaga.gamit nya surname ng father nya.after nung naghiwalay kami ng father nya last 2019 di na po sya nagpapakita sa bata at di rin nagsusuporta kahit may kasundoan na kami sa barangay .diko na din sya hinabol para sa support ng bata.
ngayon po na kasal na po ako,gusto ng husband ko na ipagamit nya surname nya sa anak ko.di pa po kami nakapagconsulta sa attorney kasi busy sa work.puro kasi kami nurse…kaya nung nakita ko adds nyo po sa fb,nagbabakasakali po na matulongan nyo po ako…
Concerned Mother
Dear Concerned Mother,
Under Section 1 of RA 9255, which amended Article 176 of the Family Code of the Philippines, it states that illegitimate children shall use the surname of their father, to wit:
“Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. x x x”
In your situation, your son has been using the surname of his father and is considered his illegitimate child, and therefore can only use his father’s surname.
Given that you are now married to another man, who is not the biological father of your son, the only way for him to use your new husband’s last name is if your son will be adopted by your new husband which is covered under Section 8 of Republic Act No. 8552 which states that the legitimate son of one spouse maybe adopted by the other spouse. If this will be the case, however, it is important to note that Section 9 of the same Act provides that the biological parent of the child must give his written consent to the adoption of your son, after being counseled and informed of his right to give or withhold his approval.
(The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. For more information and for further queries, you may contact the Legal Aid Office of the Integrated Bar of the Philippines Davao City Chapter at ibpdavao@gmail.com.)
