Acknowledged illegitimate child can’t be compelled to use dad’s surname

your daughter is lawfully using your surname considering that she is an illegitimate child. What is granted to her by our law is not a mere privilege, but a right to use your surname.

Although we do not disregard the fact that, under RA9255, illegitimate children are permitted to use the surname of their father, it should be emphasized that what the law allows is simply the option to use the father’s surname.

If an illegitimate child does not desire to use her father’s surname, she can clearly do so and retain her mother’s surname. Our Supreme Court, through a decision penned by Associate Justice Presbitero Velasco Jr., distinctly explained:

“x x x The use of the word ‘may’ in the provision readily shows that an acknowledged illegitimate child is under no compulsion to use the surname of his illegitimate father. The word ‘may’ is permissive and operates to confer discretion upon the illegitimate children. x x x” (Grande vs. Antonio, G.R. No. 206248, February 18, 2014)

Accordingly, the father of your daughter cannot legally compel your daughter to carry his surname if your daughter, herself, is not amenable thereto. This is true even if her father the legal documents that he allegedly executed in favor of your daughter.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.