Spot an error on the surname in the PSA Birth Certificate? Or want to change it to avoid confusion? Whatever the reason is, it should be done abiding by the law. This complete guide will cover the eligibility, requirements, and how to change the surname in Birth Certificate Philippines legally.
Am I Eligible to Change Surname on Birth Certificate?
In the Philippines, surnames can only be changed with juridical authority involving substantial changes under civil law.
If you wish to adopt a new surname, you must be at least 18 years old and show to the Regional Trial Court that the name change is necessary for any of the following reasons and must not prejudice the public interest:
- The surname is ridiculous or dishonorable;
- The surname is extremely difficult to write or pronounce;
- The surname change will avoid confusion;
- The surname change will result in a legal consequence, as in legitimation;
- The surname causes embarrassment
- Adopted a Filipino name since childhood but unaware of foreign parentage, and wish to change it;
- Wish to adopt a Filipino name to remove signs of alienage.
If you are required to change your surname on your Birth Certificate for legal reasons e.g. paternity issues, you will need to file a petition in the Regional Trial Court too.
If the surname in the Birth Certificate is misspelled or incorrectly recorded due to a clerical error, you can file a petition with the local civil registry office without the need for a court proceeding.
Required Documents for Changing Surname in Birth Certificate
The following documents must be presented as supporting documents when filing a Petition for a surname change in Birth Certificate:
- Original and certified copy of the birth certificate
- At least two of the following valid documents and two photocopies on which the correction shall be based: baptismal certificate, Philhealth ID, medical record, marriage certificate, business record, driver’s license, land titles, employment record, insurance, certificate of land transfer, etc.
- Notice/Certificate of Posting.
How to Change Surname in Birth Certificate
Here is a step-by-step guide on how to change your surname on Birth Certificate:
Step 1. Gather the required documents:
Ensure all the necessary documents listed above are prepared and certified copies if needed.
Step 2. Visit the civil registry office:
Schedule an appointment in advance with the civil registry office where the owner of the birth certificate was born. You can find the office location in the online directory. If the owner was born abroad, visit the Philippine Consulate where his/her birth was reported. If you are filing the petition for the owner of the birth certificate, the owner will need to be present too.
Step 3. Submit the required documents:
Submit the necessary documents, and pay the filing fee. You will get a receipt with an appointed date to visit the office and claim the approved petition.
Step 4. Wait for processing:
The process time can vary depending on the complexity of your case. If it is a clerical correction, you should be notified to pick up the certificate of finality within weeks and mail it to the Civil Registrar General in Manila.
If your case is under judicial correction, you should hire a lawyer to draft and file the petition to the Regional Trial Court and obtain a court order. This process can take months.
Step 5. Receive the amended certificate:
Once the petition is approved, you will receive a new birth certificate reflecting the changed and correct surname.
Where & Who Should File a Change of Surname
Generally, the individual seeking the change of surname should file the petition. However, in some cases, a guardian or other authorized person may file on behalf of the individual. Here’s a breakdown of who shall file a change of surname in the Philippines:
The following are eligible to file the petition to change the surname on the Birth Certificate:
- The owner of the birth certificate (of at least 18 years old)
- Representative authorized by the owner of the PSA birth certificate or by the law
- If the owner of the birth certificate is minor or physically or mentally incapable, his/her parents, spouse, children, siblings, grandparents, designated guardians, or person authorized by law.
- Philippine Statistics Authority.
The petitioner can file a petition for a change of surname at the following places:
- If the owner of the birth certificate was born in the Philippines, the petitioner can file the petition in the local civil registry office where the birth was registered.
- If the owner was born abroad, the petitioner can file it to the Philippine Consulate office where the birth was reported.
How Long Does It Take to Change Surname on Birth Certificate?
In the Philippines, the timeframe for changing surname on a Birth Certificate can vary depending on several factors such as the complexity of the case and the efficiency of the government agency. Generally, the process time can take a few weeks to a few months. It’s recommended to contact the Philippine Statistics Authority directly for an update by hotline: (02) 8737 1111 or e-mail: help@psahelpline.ph.
FAQs
How much does it cost to change the last name on Birth Certificate in the Philippines?
The filing fee for changing the last name on the Birth Certificate is 1000 PHP. If you file the petition abroad, the filing fee is 50 USD or equivalent in local currency.
Can I change my child’s surname without the father’s consent in the Philippines?
Changing a child’s surname often requires the consent of both parents, especially if paternity is acknowledged. But in cases where the father’s consent is not obtainable, the change of surname may still proceed through a petition filed in court. The court will consider such a petition under specific circumstances, such as the welfare of the child, abandonment by the father, or other compelling reasons that justify the change legally and ethically.
Can I change my surname back to my maiden name Philippines?
Generally, under Philippine civil laws, you cannot change your surname back to your original maiden name as long as you’re in a marriage, unless you can provide your husband’s death certificate or Judicial Recognition of Divorce. You will also need to provide your birth certificate showing your original maiden name.
At what age can you change your surname?
You must be at least 18 years old to petition to change your surname and provide reasonable cause to the court that the name change is necessary. For example, your original name could cause confusion or embarrassment.
How to correct the name on the birth certificate?
If the name on the birth certificate has clerical errors such as blurry, misspelled, or missing, it is important to correct it as soon as possible. Submit a certified photocopy of the birth certificate, and at least two documents containing the correct name, and file a petition at the Local Civil Registry office where the birth certificate is registered.
Conclusion
Changing the surname on a birth certificate can be a difficult procedure, depending on the reason for the change. This complete guide walks you through the surname change in the Birth Certificate to help you get there easily. After all, it is critical to ensure the birth certificate is accurate and up to date.