Dear Atty. Chris,

Attorney, I’ve read somewhere that I can retain my surname after getting married. My fiance’s family does not approve of this but I want to retain my maiden name because I refer that as my identity. Can you enlighten me on this? Am I allowed under the law to retain my maiden name?

Thanks!

Hope

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Dear Hope,

A married woman is given a right and options regarding the use of names after her marriage.

Initially, Article 370 of the New Civil Code says that a married woman may use:

•Her maiden first name and surname and add her husband’s name

•Her maiden first name and her husband’s surname

•Her husband’s full name, but prefixing a word indicating that she is his wife, such as Mrs.

However, in the case of Maria Virginia V. Remo vs. Hon. Secretary of Foreign Affairs (GR 169202, 5 March 2010, Ponente: Associate Justice Antonio T. Carpio), the Supreme Court explained:

“Clearly, a married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided by Article 370 of the Civil Code. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.”

To answer your question, pertaining to Maria Virginia V. Remo vs. Hon. Secretary of Foreign Affairs (GR 169202, 5 March 2010, Ponente: Associate Justice Antonio T. Carpio), yes you can retain your maiden name. The New Civil Code grants you such right.

Hope this helps.

Atty. Christoffer Liquigan