Family Names/SurnamesWhat is a family name?Family name is also known as surname or last name. In common, a child whose mother and father are married bears the family name of the father. However, a child who is born out of wedlock carries the family name of her mother.Why is family name important?Family name helps determine identity of a child and inheritance right, and trace family roots.Who can bear the family name of the father?The following people are permitted by law to carry the names of their father:1. Legitimate children kids born to parents who are legally married to each other (Art. 364, Civil Code)2. Legitimated children illegitimate children who later on become legitimate children after undergoing some legal processes; e.g. Maria was born while her parents are still in a relationship, but later on her parents got married. Maria becomes a legitimated child. (Art. 364, Civil Code)3. Adopted children kids who assumes the right of legitimate children by undergoing adoption process (Art. 365, Civil Code)4. Natural children acknowledged by their father - children born before marriage but acknowledged by their father as his own (Art. 366, Civil Code)5. Natural children by legal fiction children born under a voidable marriage (Art. 367, Civil Code)6. Children conceived before the decree annulling a voidable marriage (Art. 369, Civil Code)Can an illegitimate children use the family name of the father?Under the Civil Code, Art. 368, illegitimate children should only use the family name of their mother. However, under Republic Act No. 9255, illegitimate children are now allowed to use the names of their father subject to some requirements.What should be the family name of a married woman?Art. 370, Civil Code: A married woman may use:(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or

(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."What happens to the family name of the wife if her marriage is annulled? If she is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname unless (1) the court decrees otherwise (2) She or the former husband is married again to another person. (Art. 371, Civil Code)What if instead of annulment, the husband and wife was granted a legal separation?The wife shall continue using her name and surname employed before the legal separation. (Art. 372, Civil Code)What happens to the wifes family name if the husband dies?The widowed woman shall still bear the family name of her husband. (Art. 373, Civil Code)What happens when the son is born on the same day of his fathers birth?Hence, the son can use the first name and family name of his father but with the word Junior at the end. (Art. 375, Civil Code)What happens if the child is born on the same day of his grandfathers birth?Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother's surname, or (2) Add the Roman Numerals II, III, and so on. (Art. 375, Civil Code)Can a person change his family name automatically?No. A person who wants to change his family name should undergo a special proceeding in the court. (Art. 376, Civil Code)Can I use any other persons family name?No. Any person is prohibited to usurp a family name belonging to another. If a person does so, he or she may be sanctioned by law. (Art. 377, Civil Code)What can I do if my family name is unlawfully taken by another person, portraying as me?File an action for damages to the court against that person or any other alternative action as provided by law.Can I use a pen name or stage name?Yes, as long as it is done in good faith. If you already have chosen and used a specific pen name, it cannot be usurped by other people. (Art. 379, Civil Code)