Dear PAO,
I have read your article while searching for ways on how to change the surname of a love child. Will you please help me about my situation? I have a daughter, she’s 5 years old now, and born out of wedlock, during that time her father did not show up. My daughter is registered as my parent’s child and is using my father’s surname. It is as if we are sisters. I have a fiancé and he would like my daughter to use his surname as soon as we are married. How can this be done without going to court?
Katie

Dear Katie,
There is no way as of this time or even up to the time you tie the knot with your fiancé that your daughter may use your fiancé’s surname without going to court. This is because the two are not related, whether legitimate or not, to each other. The law is clear that an illegitimate child shall use the surname of her mother. If he/she is recognized, he/she may use the surname of his/her father (Article 176, Family Code of the Philippines as amended by RA 9255).

Be that as it may, there is a process by which your daughter may use the surname of your fiancé. This is through the filing of a Petition for Adoption. By way of adoption, a legal tie is created between the adoptee and the adopter, making the former the legitimate child of the latter. As such, she is entitled to use the surname of your fiancé. Likewise, this will enable her to enjoy all the rights and privileges being enjoyed by legitimate children. You and your fiancé may file the petition for adoption together, so that your relationship with your daughter shall be legitimized.

Sections 17, Article V of Republic Act No. 8552 or the Domestic Adoption Act of 1998 provides:

“Section 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.”

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .