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Ratio
- Article 341(4) of the Civil Code which entitles the adopted minor to use the adopter’s surname, refers to
the adopter’s surname and not to her surname acquired by virtue of marriage. Petitioner’s real
surname is Valdes, not Johnston, and since she made the adoption singly without the concurrence of
her husband, and not as a married woman, then her maiden name should be her adopter name.
- The adoption created a personal relationship between adopter and adopted, but the consent of
Raymund to her individual adoption, did not have the effect of making him an adopting father, to
entitle the child to use his surname.
- Since adoption gives the adoptee the same rights and duties as a legitimate child of the adopter,
confusion would result if the minor children were allowed to use the surname of the spouse who didn’t
join the adoption. To allow the minor to use Raymund’s surname would also lead the public that
Ramund adopted her as well. Later, when questions of successional rights arise, the husband’s consent
might be presented to prove that he had actually joined in the adoption.