Introduction

In the Philippines, adoption serves as a legal mechanism to establish a parent-child relationship between individuals who are not biologically related, providing the adopted child with the same rights and obligations as a legitimate child of the adopter. One of the key consequences of adoption is the change in the child's surname to that of the adopter(s), symbolizing the full integration of the child into the adoptive family. This process is strictly regulated under Philippine law to ensure the best interests of the child are prioritized. Adoption can be domestic or inter-country, but both result in the surname change upon finalization. This article explores the legal framework, procedures, requirements, effects, and related considerations for changing a child's surname through adoption in the Philippine context.

Legal Basis

The primary laws governing adoption and the consequent surname change in the Philippines are:

Republic Act No. 8552 (Domestic Adoption Act of 1998): This law outlines the process for adopting Filipino children by Filipino citizens or aliens residing in the Philippines. It mandates that upon adoption, the child shall be considered the legitimate child of the adopter(s) and shall bear their surname.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995): This applies to the adoption of Filipino children by foreigners. Similar to domestic adoption, the adopted child takes the surname of the adoptive parents once the adoption is finalized in the adopter's country and recognized in the Philippines.
Family Code of the Philippines (Executive Order No. 209, as amended): Articles 189-190 specify the effects of adoption, including the vesting of parental authority in the adopters and the child's right to use the adopter's surname. Adoption creates a relationship akin to that of a legitimate child, severing ties with the biological family unless otherwise provided.
Republic Act No. 11222 (Simulated Birth Rectification Act of 2019): While not directly an adoption law, it allows for the administrative correction of simulated birth records (where a child's birth was falsified to appear as if born to non-biological parents). This can lead to a surname change without full adoption proceedings, but it is limited to cases where simulation occurred before RA 8552's effectivity.
Administrative Order No. 1, Series of 2007 (Rules on Adoption): Issued by the Department of Social Welfare and Development (DSWD), this provides detailed implementing rules for RA 8552, including guidelines on surname changes.
Civil Code Provisions: Relevant articles (e.g., on names and surnames) are superseded by the Family Code but reinforce that a person's surname is tied to their filiation.

Additionally, international conventions like the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (ratified by the Philippines) influence inter-country adoptions, ensuring the child's identity, including surname, is preserved or appropriately changed.

The Supreme Court has ruled in cases such as Republic v. Court of Appeals (G.R. No. 97906, 1992) that adoption decrees must explicitly include the surname change to avoid ambiguity, emphasizing the child's welfare.

Who Can Be Adopted?

Under RA 8552, a child who can be adopted (and thus have their surname changed) must be:

Below 18 years old.
Legally available for adoption, meaning:
- Declared abandoned, dependent, or neglected by the DSWD.
- Voluntarily committed by biological parents.
- Involuntarily committed due to parental unfitness.
Not emancipated.

Special cases include:

Illegitimate children of the adopter's spouse.
Legitimate children of one spouse by the other spouse.
Adult adoption is possible under the Family Code (Art. 190) for individuals over 18, but it requires the adoptee's consent and is less common; surname change is optional but typically follows.

For inter-country adoption under RA 8043, the child must be at least 27 months old (with exceptions) and involuntarily committed.

Who Can Adopt?

Adopters must meet qualifications to petition for adoption and effect a surname change:

Filipino citizens: At least 27 years old (or 16 years older than the adoptee), of good moral character, emotionally and psychologically capable, and not convicted of crimes involving moral turpitude.
Aliens: Must be permanent residents of the Philippines for at least 3 years, or if non-resident, comply with inter-country rules. They must come from a country with diplomatic relations with the Philippines and where adoption is allowed.
Married couples must jointly adopt, except in cases where one spouse adopts the legitimate child of the other.
Single individuals can adopt if qualified.

The DSWD conducts a home study to assess suitability.

Procedure for Adoption and Surname Change

The adoption process is judicial and involves several steps, culminating in a decree that includes the surname change. It cannot be done administratively except in limited rectification cases under RA 11222.

1. Pre-Adoption Phase

Declaration of Availability: The child must be certified legally free for adoption by the DSWD through a Child Study Report.
Matching: The DSWD's National Child Welfare Committee matches the child with prospective adopters.

2. Filing the Petition

A verified petition is filed in the Family Court of the adopter's residence.
Required documents: Birth certificates, marriage certificate (if applicable), affidavits of consent (from biological parents or guardians), home study report, child study report, and proof of financial capacity.
Publication: The petition is published once a week for three weeks in a newspaper of general circulation.
Notice: Served to the DSWD, biological parents (if known), and other interested parties.

3. Social Worker's Report and Trial Custody

The court orders a social worker to conduct a case study.
Supervised trial custody for at least 6 months (waivable for relatives or if the child is disabled).
During this period, the child may informally use the adopter's surname, but legal change occurs only upon final decree.

4. Hearing and Decision

Court hearings to assess the child's best interests.
If approved, the court issues an Adoption Decree, ordering the Civil Registrar to issue an amended birth certificate reflecting the adopter(s) as parents and the new surname.
The original birth certificate is sealed, and the new one does not indicate the adoption unless requested by the adoptee after age 18.

For inter-country adoption:

The process starts with the Inter-Country Adoption Board (ICAB).
Adoption is finalized in the adopter's country, then registered in the Philippines for surname change via the Philippine Statistics Authority (PSA).

5. Post-Adoption

The child automatically acquires the adopter's surname.
All records are confidential to protect privacy.

Timeline: Domestic adoption typically takes 1-2 years; inter-country may take longer.

Effects of Adoption on the Child's Surname

Mandatory Change: The adopted child shall use the surname of the adopter(s) (Family Code, Art. 189). This is not optional and signifies the severance of ties with the biological family.
Exceptions: If the adopter is a step-parent, the child may retain the biological parent's surname if specified, but this is rare.
Multiple Adopters: If adopted by a married couple, the child takes the husband's surname unless they agree otherwise (e.g., hyphenated).
Rescission: Adoption can be rescinded by the adopter (before the child reaches majority) or the adoptee (after majority) for grounds like abuse or disinheritance attempts. Upon rescission, the child reverts to their original surname.
Inheritance and Rights: The child inherits as a legitimate heir under the adopter's surname.
Dual Citizenship Implications: For inter-country adoptions, the child may retain Philippine citizenship until 18, but the surname change is immediate.
Gender Considerations: The surname change applies equally to boys and girls; married female adoptees may later change upon marriage.

Requirements for Surname Change Documentation

Amended Birth Certificate: Issued by the Local Civil Registrar or PSA, showing the new parents and surname.
Annotation: The adoption decree is annotated on the original records.
Passport and IDs: The child can apply for updated documents using the new surname.
No separate petition for name change is needed; it's integral to adoption.

Challenges and Considerations

Consent Issues: Biological parents' consent is required unless waived (e.g., abandonment). Lack of consent can void the adoption and surname change.
Abandonment Proceedings: If parents are unknown or unwilling, a separate declaration of abandonment is needed.
Costs: Filing fees, publication, and DSWD services cost around PHP 50,000-100,000 for domestic; more for inter-country.
Appeals: Denied petitions can be appealed to the Court of Appeals.
International Recognition: Philippine adoption decrees are recognized abroad under the Hague Convention, ensuring the surname change's validity.
Cultural Aspects: In Filipino culture, surname signifies family lineage; adoption helps stigmatized children (e.g., illegitimate) integrate.
Special Needs Children: Expedited processes for children with disabilities.
Adult Adoptees: Surname change is consensual and may not sever biological ties fully.
Rectification under RA 11222: For simulated births before 1998, administrative process allows surname retention or change without court, but with 10-year prescriptive period (ended in 2029).

Prohibitions and Penalties

Simulated births post-1998 are illegal, punishable by imprisonment and fines.
Unauthorized surname changes outside adoption are void and may constitute falsification.
Violations of adoption laws (e.g., child trafficking disguised as adoption) are penalized under RA 7610 (Child Abuse Law) and RA 9208 (Anti-Trafficking Law).

Conclusion

Changing a child's surname through adoption in the Philippines is a transformative legal process that prioritizes the child's welfare, granting them a new family identity. Governed by comprehensive laws like RA 8552 and the Family Code, it ensures permanence and legitimacy. Prospective adopters should consult the DSWD or legal experts for guidance, as the process demands thorough compliance to avoid complications. Ultimately, this mechanism not only alters a name but fosters enduring familial bonds.