Rule 108:

Legal basis: Rule 103 Rules of Court.

Remedy: Petition for Change of Surname

Where to file: Family court of province or city where they

reside.

Annexes:
(1) Baptismal Certificate of the child
(2) Birth Certificate
(3) Affidavit of consent of the biological parent of the
child;
(4) Affidavit of consent of the wife;
(5) National Bureau of Investigation clearance,
(6) Police clearance,
(7) School records or employment certificate and
(8) Valid forms of identification.

Effect: 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.

Primordial consideration: Best interest of the Child.

Valid and meritorious grounds: Rule 103 of ROC

1. When the name is ridiculous, dishonorable or extremely
difficult to write or pronounce;
2. When the change results as a legal consequence such as
legitimation;
a. As to adoption, you may file a petition in order o
adopt your son. The adoption, if granted, shall
have the effect of making your son your legitimate
child for all intents and purposes. If the adoption
is granted, you shall continue to exercise parental
authority over your child and shall be entitled to
support and reciprocal rights of succession.
Moreover, the birth certificate of your child may be
changed to reflect the adoptive parent’s whrein the
surname of your son may be changed to your
surname (Art. 13, 16, 17, 18, RA 8552, Domestic
Adoption Act)
b. If minor, he/she must first be administratively or
judicially declared available for adoption in order
for you to be able to adopt them in accordance
with Section 8(a) of the said Law.
c. Section 7 – Minimum requirements for the
adopter: (a) Any Filipino Citizen of legal age, in
possession of full civil capacity and legal rights, of
good moral character, has not been convicted of
any crime involving moral turpitude, emotionally
and psychologically capable of caring for children,
at least sixteen years older than the adoptee, and
who is in a position to support and care for his/her
children in keeping with the means of the family.
3. When the change will avoid confusion;
4. When on has continuously used and been known since
childhood by Filipino name, and was unaware of alien
parentage;
 5. A sincere desire to adopt a Filipino name to erase signs
of former alienage, all in good faith and without
prejudicing anybody; and
6. When the surname causes embarrassment and there is
no showing that the desired change of name was for
fraudulent purpose or that the change would prejudice
public interest (see G.R. No. 189476, 2011)

NOTES:
- Non-support and abandonment are not valid grounds
for change of name.
- It is strongly advocated that it is only the child when he
shall have reached the age of majority who may file the
Petition for Change of Name. The decision to change his
name, the reason for change, and the choice of a new
name and surname shall be his alone to make. It must
be a personal decision (Rep. v. Hon. Pio R. Marcos)
- In the Petition, the adopter must indicate in his petition
his intent to let the child use his surname indicated
therein the registered name, the aliases or other names
by which the child has been known, and full name by
which the child is to be known.
- A Child and Home Study Report shall be conducted to
determine if the child is legally available for adoption
and if the adopter is legally available for adoption and if
the adopter has sincere intentions over the child, as well
as to determine whether the adoption is for the best
interest of the child.
- Before the adoption may be granted, a Supervised Trial
Custody between the adopter and adoptee is conducted
to determine if they have adjusted psychologically and
emotionally with each other and have established a
bonding relation (Section 15)