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The petitioner filed to adopt his illegitimate daughter and change her surname from her mother's (Garcia) to his (Catindig). The court initially approved this. However, the petitioner then asked for her mother's surname (Garcia) to be used as her middle name instead. The lower court denied this request, holding there is no law or jurisprudence allowing an adopted child to use their biological mother's surname as a middle name. However, the Supreme Court held that as a legitimate child by adoption, she is entitled to rights without discrimination, including bearing the surnames of both her father and mother. It is customary in the Philippines for the mother's surname or initial to precede the father
Originalbeschreibung:
Originaltitel
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
The petitioner filed to adopt his illegitimate daughter and change her surname from her mother's (Garcia) to his (Catindig). The court initially approved this. However, the petitioner then asked for her mother's surname (Garcia) to be used as her middle name instead. The lower court denied this request, holding there is no law or jurisprudence allowing an adopted child to use their biological mother's surname as a middle name. However, the Supreme Court held that as a legitimate child by adoption, she is entitled to rights without discrimination, including bearing the surnames of both her father and mother. It is customary in the Philippines for the mother's surname or initial to precede the father
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The petitioner filed to adopt his illegitimate daughter and change her surname from her mother's (Garcia) to his (Catindig). The court initially approved this. However, the petitioner then asked for her mother's surname (Garcia) to be used as her middle name instead. The lower court denied this request, holding there is no law or jurisprudence allowing an adopted child to use their biological mother's surname as a middle name. However, the Supreme Court held that as a legitimate child by adoption, she is entitled to rights without discrimination, including bearing the surnames of both her father and mother. It is customary in the Philippines for the mother's surname or initial to precede the father
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA
GARCIA, 454 SCRA 541 March 31, 2005
Facts:
Honorato B. Catindig filed a petition to adopt his minor illegitimate child
Stephanie Astorga Garcia. He averred that Stephanie was born on June 26, 1994; that Stephanie had been using her mother’s middle name and surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie’s middle name be changedto Garcia, her mother’s surname, and that her surname “Garcia” be changed to “Catindig” his surname. The RTC granted the petition for adoption, and ordered that pursuant to article 189 of the Family Code, the minor shall be known as Stephanie Nathy Catindig. Honorato filed a motion for classification and/or reconsideration praying that Stephanie be allowed to use the surname of her natural mother (Garcia) as her middle name. The lower court denied petitioner’s motion for reconsideration holding that there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name.
Issue:
Whether or not an illegitimate child may use the surname of her mother as her middle name when she is subsequently adopted by her natural father.
Held:
One of the effects of adoption is that the adopted is deemed to be a legitimate
child of the adapter for all intents and purposes pursuant to Article 189 of the Family Code and Section 17 of Article V of RA 8557.
Being a legitimate by virtue of her adoption, it follows that Stephanie is entitled to
all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and her mother. This is consistent with the intention of the members of the Civil Code and Family Law Committees. In fact, it is a Filipino custom that the initial or surname of the mother should immediately precede the surname of the father.