How to change last name of overseas child due to marriage

[Usaph 19]

I immigrated to the US on a fiance visa and married a few years ago. We're working on bringing my minor child from the Philippines to the US through the IR2 process petition by stepparent.

 

We're still waiting on the child's visa, but can we somehow change my child's last name to my married last name?

 

Or do we need to wait until immigration is complete?

 

Not sure what is easiest but we want to have all the same last name.

[Boiler 45,445]

That is a question to ask a Canadian Lawyer maybe the father would have a say

[SteveInBostonI130 3,432]

Philippines. 

 

More than likely need to officially change the name through the courts there or here.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to the Philippines regional forum, for country-specific input ***

 

2 hours ago, Usaph said:

Not sure what is easiest but we want to have all the same last name.

 

Easiest to change the child's name after US immigration.  Your spouse is planning to adopt your child anyway, right?  You can do a name change for the child as part of the stepparent adoption process.  Minor child name change petition (without adoption) through state court is also an option.  Either option is a much more straightforward process in the US than in the Philippines.

 

To change the child's surname in the Philippines would require a PSA birth certificate correction or a name change through the court system.  PSA BC correction would not be an option for changing to your spouse's surname as your spouse is not the biological parent.  Surname change through PH court order would only be an option after the child turns 18 years old.

 

 

[Usaph 19]

8 minutes ago, Chancy said:

*** Moved from Bringing Family of USC forum to the Philippines regional forum, for country-specific input ***

 

 

Easiest to change the child's name after US immigration.  Your spouse is planning to adopt your child anyway, right?  You can do a name change for the child as part of the stepparent adoption process.  Minor child name change petition (without adoption) through state court is also an option.  Either option is a much more straightforward process in the US than in the Philippines.

 

To change the child's surname in the Philippines would require a PSA birth certificate correction or a name change through the court system.  PSA BC correction would not be an option for changing to your spouse's surname as your spouse is not the biological parent.  Surname change through PH court order would only be an option after the child turns 18 years old.

 

 

Thanks! Yes spouse will adopt but we know that will take some time. We really want our child to have the same last name as soon as possible in the US. We'll look into the name change process to see if it can be done quicker in the US while we figure out the adoption paperwork.

[Chancy 6,241]

7 minutes ago, Usaph said:

We'll look into the name change process to see if it can be done quicker in the US while we figure out the adoption paperwork.

 

For California -- https://selfhelp.courts.ca.gov/name-change/name-child-one-parent