Moms and Dads
The Pros and Cons of Changing Your Name After Marriage According to a Mom Lawyer
Modern Parenting recently interviewed a lawyer and mother on the pros and cons of changing your name after marriage.
When it comes to changing your last name after marriage, Article 370 of the Civil Code states that women have the right to retain their maiden names. The Supreme Court confirmed this in a 2010 case. They affirmed that a woman is “not prohibited from continuously using her maiden name once she is married because when a woman remarries, she does not change her name but only her civil status.”
To discuss this further, Modern Parenting reached out to Attorney Cyndy Dela Cruz-delos Santos. She’s a corporate lawyer, wife, and loving mom to a little girl. The last one is her favorite among her many roles! She clarifies that Article 370 in the Civil Code gives out suggestions on how a married woman may choose to be named after marriage.
“It states that a married woman MAY use (1) her maiden first name and surname and add her husband’s surname (Ex. Cyndy Dela Cruz-de los Santos). (2) Her maiden first name and her husband’s surname (Ex. Cyndy de los Santos). OR (3) her husband’s full name, but prefixing a word indicating that she is his wife, such as ‘Mrs.’ (Ex. Mrs. CJ de los Santos).”
“While Article 370 does not include as one of the suggestions retaining the maiden name, it clearly does not also limit a woman from choosing any naming option which is not contemplated in the enumeration. The use of the word ‘MAY’ connotes its non-mandatory nature,” Attorney Cyndy clarifies.
The Main Benefit of Retaining Your Name
Attorney Cyndy chose to retain her maiden name in the Supreme Court’s Roll of Attorneys. This is her way of honoring her parents for all the hard work and sacrifice they made just to be able to help reach their collective dream of her becoming a lawyer.
“The main benefit of retaining one’s maiden name would be due to convenience. You may retain your IDs as is. The way that it is now is that you have to submit a form for each and every government agency. To update your name, you have to visit the main offices to request for a name change in your IDs. For LTO and BIR for example, the satellite offices conveniently placed in your area won’t be able to do that. But for DFA, Pag-Ibig, and SSS, you can simply submit a form to update your status in any of their satellite offices.”
The Cons of Retaining Your Maiden Name
“On the other hand, the convenience of retaining one’s maiden name is countered by the inconvenience of having to always explain why your surname is not the same as your husband’s. Especially, for example, in applying for a joint account with your husband in some banks. It is inconvenient also to process your government benefits and payments if your employer adopts your married name but you retain your maiden name in your government records. Sometimes, you just end up updating your government forms for consistency.”
Changing Your Name Won’t Affect Your Children
For most mothers, the main concern when it comes to retaining their maiden names is their children. But Attorney Cyndy assures that it doesn’t affect them as long as they’re educated and informed well. On top of this, society doesn’t have to make a big deal out of it.
“The only way in which this concept may affect a child is when it becomes inconvenient for the child to explain why his or her mom does not have the same surname as everyone in the family. Society should stop making this a taboo concept and start inculcating the concept of freedom of choice to children.”
Moreover, Attorney Cyndy shares that a woman can use both her maiden and married name depending on her preference. “Like I said, my name in the official list of the Supreme Court is still my maiden name, as well as my Driver’s License, and other government IDs except for my passport (this is the easiest to update—thank you DFA!). So far, this arrangement of having a government ID with my maiden name and another with my husband’s surname is proving to be convenient for all my transactions.”
At the end of the day, every married woman has a choice and can use whichever name she wishes!
Read more about laws on Modern Parenting:
Tulfo Reminds Fathers To Provide Child Support in Accordance with the Law
Kasambahay Law: What are the Rights of Your Household Help
What You Need to Know about the Law Banning Child Marriage in the Philippines
