Adopting an unrecognized illegitimate child

Dear PAO,

I just want to know how I can change my daughter’s surname. She was born three years ago, when I was
just 23 years old. I did not marry her father. In fact, he disappeared from my life the moment he learned
I was pregnant with his child. It was hard being in my early twenties and not having any help from him,
but I have learned to move on. Fortunately, I met another guy who accepted my past, including my
daughter. He loves her as if she is his own child. We are getting married in a week and we have decided
to change my daughter’s surname to his surname soon after our marriage ceremony as she follows my
surname. We just want to avoid confusion as both my fiancé and I are from close-knit Filipino families. Is
this possible? Please advise me.

Thea

Dear Thea,

Illegitimate children, as a rule, follow the surname of their mother. It is only when they have been
lawfully recognized by their biological father that they are given the preference to use their father’s
surname. This is in line with the provisions of Republic Act (R.A.) No. 9255 which explicitly states that:

‘SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, is hereby amended to read as follows:

“Article 176. Illegitimate children shall use the surname and shall be under the parental authority of
their mother, and shall be entitled to support in conformity with this Code. However, illegitimate
children may use the surname of their father if their filiation has been expressly recognized by the father
through the record of birth appearing in the civil register, or when an admission in a public document or
private handwritten instrument is made by the father. x x x’ ”

Considering that your minor child was born outside of a validly matrimonial union and neither was she
recognized by her biological father, she necessarily must bear your surname.

However, you mentioned in your letter that you will soon be married to a man who has accepted your
past and loves your daughter. You also mentioned that you both desire to seek to change your child’s
surname to that of your soon-to-be-husband’s surname. Accordingly, after your marriage ceremony, you
and your husband may opt to file a verified petition for adoption of said minor child in order that the
latter’s status may be raised to that of legitimacy, provided you both possess the following
qualifications: (1) being of legal age; (2) in possession of full civil capacity and legal rights; (3) of good
moral character; (4) have not been convicted of any crime involving moral turpitude; (5) who are
emotionally and psychologically capable of caring for children; and (6) in a position to support and care
for your child/children in keeping with the means of the family (Section 7, R.A. 8552).

We wish to emphasize that your verified petition must specifically state at the heading of its initiatory
pleading that the same contains an application for the change of name of the said child as well as the
cause or reason for such change of name. Likewise, the petition must allege, among others, the first
name, surname or names, age and residence of the adoptee-child as shown by her record of birth,
baptismal or foundling certificate and school records and the first name, surname or names by which
she is to be known and registered in the Civil Registry (Section 7, A.M. No. 02-6-02-SC, Rule on
Adoption). The court will hear your petition in accordance with process laid down under R. A. No. 8552
and A.M. No. 02-6-02-SC, and may, in due course, grant your petition if the same will be for the best
interest of your daughter.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely
on the facts you have narrated and our appreciation of the same. Our opinion may vary when other
facts are changed or elaborated.