Dear Atty. Joji,
I’m getting married next year, but I hope to retain my surname because I’ve been writing professionally under it for years. My published works are all tied to my maiden name, and shifting to a new surname might confuse readers. Given this situation, am I legally allowed to keep using my maiden name even after I get married?
Apple
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Dear Apple,
Article 370 of the Civil Code makes it very clear that a married woman is NOT required to adopt her husband’s surname. This is one of the most misunderstood provisions in Philippine family law. Many people assume a woman “automatically” becomes “Mrs. Husband’s Surname” upon marriage, but that belief is rooted in custom — not in law. Legally, the wife retains full control over her name, and the law gives her three specific options, all of which are voluntary.
Under Article 370, a married woman may choose to use any of the following:
1. Use her maiden first name and maiden surname and add her husband’s surname.
2. Use her maiden first name and her husband’s full name, with a word indicating her marital status.
3. Use her maiden first name and her husband’s surname.
The use of the word “may” in Article 370 means that adopting the husband’s surname is entirely optional. The wife does not lose her legal identity by marriage, she does not surrender her surname, and the husband has no legal right to force her to use his surname. She can choose whichever format suits her personal, cultural, or professional needs. It must be emphasized that name choice rests on the wife’s discretion, and that her maiden name remains her legal name unless she chooses to exercise one of the options provided by Article 370.
Hope this helps.
Atty. Joji Alonso