Q. Hi Attorney, Good Day! I was able to read a blog on the internet and with
this I hope you can help us with your opinion on how we will proceed on our
scenario.
- The affected individual is already 22 years old.
- Her biological father (PPP) and mother are not married.
- Her biological father did the paper works of the birth certificate without the
knowledge of the mother. - Her biological mother is married to another Man (XXXX )
- The biological mother with the consent of the husband managed to have the
concerned “affected” individual to use the surname of XXXX. - The “affected” individual has since her elementary years have been using
XXXX as her surname including in other documents. - Lately, they have found out that on NSO, the one that is honored is the
surname (PPP)
Can you please advise on how they will proceed with this as this may effect the
future of the affected individual.
I was thinking that they can proceed with the legitimation of the child via adoption
which they have not done yet or the usual that I can read on the internet wherein
they will file a petition for surname change. Thank you! DCA
Batas PINOY Corner
By: ATTY. ROGELIO N. WONG
“Laws relating to family rights and duties,or to
the status, condition and legal capacity of
persons are binding upon Filipino citizens,
even though living abroad.” (Article 15 Civil
Code of the Philippines)
2
ANS: Hello Mr. DCA , on the basis the facts and narratives of your email and in
conjunction with the illegitimate status of the “effective person” who is now 22
years old, the right course of action to cloth the “affective” individual of a
legitimate status is through legal adoption process pursuant to Republic Act
No.8552, otherwise known as Domestic Adoption Act of 1998.
For your ready reference and guidance, hereunder are pertinent provisions of
the said law:
“Art.111-Eligibility – Sec. 7. Who May Adopt. — The following may adopt:
a)Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good
moral character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) years older than the adoptee,
and who is in a position to support and care for his/her children in keeping with the means of the
family. The requirement of sixteen (16) year difference between the age of the adopter and
adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse
of the adoptee’s parent; “
Xxx xxx
“Sec. 8. Who May Be Adopted. — The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parent(s).
xxx xxxx
The following documents are usually required in support of a Petition in court for Adoption:
(1) The birth or baptismal certificate and school records showing the name, age
and residence of the adoptee;
(2) Affidavit of Consent of the following persons:
a) The adoptee, if he/she is 10 years old or older;
b) The biological parents of the adoptee or the legal guardian or the child-
placement agency, child-caring agency or the government instrumentality which
has legal custody of the child;
c) The legitimate and adopted children of the adopter and the adoptee who are
10 years old or older;
d) The illegitimate children of the adopter who are living with him and who are 10
years old or older;
e) The spouse of the adopter or adoptee
(3) The child study report on the adoptee and his biological parents;
(4) If the petitioner is an alien, the certification from his diplomatic or consular
office certifying the requirement in Section 7(c) and (d) of RA 8552
(5) Home study Report on the adopters;
(6) The decree of annulment, nullity or legal separation of the adopter, if any
(Section 11, New Rule on Adoption)
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Note further that should a change of name of the person to be adopted is to
be made particularly on the last or surname of the child, such change must be
specifically stated in the heading of the petition and initiatory pleadings , including
name rectification, correction of simulated birth, voluntary or involuntary
commitment of children or declaration of child as abandoned , etc.., among
others, where applicable.
For the legal adoption purposes, you need to engage the professional services of your lawyer to
make representation with the court.
Looking forward you’ll find the above in order and welcome to the Batas Pinoy
Global Community.
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