As specified in the Family Code, a child who was born out of marriage should carry the family name or surname of the mother, unless otherwise the father acknowledges the child and allows using his last name.
However, there are cases in which the parents were giving false information on the birth certificate of the child. As an example, parents would declare themselves married where in fact they’re not. It is not also lawful to use the father’s last name without the consent of the father.
In case there is false information included on the birth certificate, most likely both the parents and the child will face the consequences when time comes that they will secure the document.
Is there any way to correct false information included on the birth certificate or change your name?
The birth certificate is one of the valid documents required when securing a passport. That’s why it’s important that all the information cited therein is true and accurate. Keep in mind that the information written on it when the child was registered will remain.
In case that there is date of marriage of the parents written in the birth certificate, most likely the marriage certificate will serve as supporting document when verifying the authenticity of the child’s birth certificate.
Good thing is that there’s possible way to correct or change the last name of the child in case the parents were not married and the father did not acknowledge the child. The Philippine Court allows petitions to change the last name of a child only if:
- The name sounds ridiculous, extremely difficult to pronounce or write, or dishonorable
- To avoid confusion or for legitimation
- To adopt a Filipino name without any prejudice and in good faith
- If the last name causes embarrassment
However, it’s not that easy to prove in the court why a petitioner is seeking to change the last name of the child. It would involve a lot of justification and explanation before the court. Including fake date of marriage of the parents on the birth certificate of the child is unlawful. It can be changed, but it should be handled with the help of a lawyer and through a court order.
Read Also: How to Correct Errors on Birth Certificate
How Much is the Fee in Filing a Petition for Change Name in Philippines?
The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filing fees:
One thousand pesos (P1,000.00) for the correction of clerical error
Three thousand pesos (P3,000.00) for the change of first name
In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:
Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error.
One hundred fifty U.S. dollars ($150.00) for the change of first name.
A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).
This service fee shall accrue to the local treasury of the PRCR.
Five hundred pesos (P500.00) for correction of clerical or typographical error.
One thousand pesos (P1,000.00) for change of first name.