The death of a parent often leaves a child in the care of relatives—typically grandparents, aunts, uncles, or siblings of the deceased. In the Philippines, relatives who have been raising the orphaned or half-orphaned child frequently wish to formalize the relationship through adoption and to change the child’s surname to their own. This process is now significantly simplified compared to pre-2022 practice, primarily because most relative adoptions now fall under administrative adoption proceedings.

Governing Laws

The following laws apply:

Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2021, effective March 18, 2022) – introduces administrative adoption for relatives within the fourth degree of consanguinity or affinity.
Republic Act No. 8552 (Domestic Adoption Act of 1998), as amended by RA 11642 – remains suppletory.
Republic Act No. 11222 (Simulated Birth Rectification Act of 2019) – applies when the relative has already been using a simulated birth certificate registering the child as his/her own biological child (a very common practice in the Philippines).
Rule 99 of the Rules of Court (judicial adoption) – applies only when administrative adoption is not available (very rare in relative cases).
Articles 183–193 of the Family Code of the Philippines – on the effects of adoption, including automatic change of surname.
Republic Act No. 9255 (allowing illegitimate children to use the father’s surname) – relevant only if the child is illegitimate and the surviving parent or guardian wants the child to use the deceased father’s surname without adoption.

Most Common Scenarios and Applicable Procedure

Relative within the 4th degree has been raising the child but the birth certificate still reflects the biological parents (or the surviving parent). → Administrative adoption under RA 11642.
Relative within the 4th degree has already registered the child as his/her own biological child through simulation of birth (very common especially before 2019). → Rectification of simulated birth under RA 11222 (results in legal adoption + corrected birth certificate).
Relative beyond the 4th degree or case has special complications (e.g., opposition by surviving parent, child is already above 18 but wants rescission or re-adoption, etc.). → Judicial adoption under RA 8552 / Rule 99.

In practice, 95%+ of adoptions of a deceased relative’s child now fall under either administrative adoption (Scenario 1) or simulated birth rectification (Scenario 2).

Case 1: Administrative Adoption under RA 11642 (Relative within 4th Civil Degree)

Who Qualifies as “Relative within the 4th Degree”

Grandparent adopting grandchild → 2nd degree
Aunt/Uncle adopting niece/nephew → 3rd degree
First cousin adopting first cousin’s child → 4th degree
Brother/Sister adopting sibling’s child → 2nd degree
Step-parent adopting stepchild → affinity, within 4th degree
Adoptive parent adopting the child of his/her own adoptee → also covered

Requirements for the Adopter

Filipino citizen (foreigner spouses may co-adopt if married to a Filipino)
At least 25 years old and at least 16 years older than the adoptee (waivable if adopter is the child’s grandparent, aunt, uncle, or sibling)
Full civil capacity and legal rights
Good moral character
No conviction for crimes involving moral turpitude
Emotionally and psychologically capable
In a position to support and care for the child
If married, joint adoption with spouse is mandatory unless spouse is exempt (e.g., legally separated, foreigner not residing in PH, etc.)

Requirements for the Child

Below 18 years old at the time of filing
Legally available for adoption (see below)

Legal Availability of the Child when One or Both Parents Are Deceased

Both parents deceased → child is automatically legally available (death certificates suffice).
One parent deceased, the other still alive → written consent of the surviving biological parent is required. If the surviving parent refuses, withholds consent, or cannot be found, the adopter must file a judicial case for deprivation of parental authority or proceed via judicial adoption (administrative adoption will be denied).
One parent deceased, the other has abandoned the child for at least three (3) years → DSWC can issue a Certificate of Child Legally Available for Adoption (CCLA) after summary proceeding.

Documentary Requirements (Administrative Adoption)

Birth certificate of the child (PSA copy)
Death certificate(s) of deceased parent(s)
Affidavit of consent of the child if 10 years old or over
Consent of surviving biological parent (if any) or court order depriving him/her of parental authority
Affidavit of guardianship (if adopter has been the guardian)
Valid IDs, NBI/police/barangay clearances of adopter(s)
Marriage contract (if applicable)
Home study report and family assessment (prepared by DSWC or accredited social worker)
Recent photos of child and adopter(s) together
Medical certificates of adopter(s) and child
Proof of financial capacity (ITR, bank certificates, etc.)

Procedure (Very Fast – Usually 3–6 Months)

File petition with the Regional Office of the Department of Social Welfare and Development (DSWC/NACC – National Authority for Child Care).
Social worker conducts home study and child case study (usually 1–2 months).
Matching conference (usually pro forma in relative cases).
Supervised trial custody of three (3) months (waivable if the child has been living with the petitioner for at least three years).
NACC issues Certificate of Finality and new Amended Birth Certificate reflecting the adopter as parent and the adopter’s surname as the child’s surname.
New PSA birth certificate is issued automatically – no separate petition for change of name is needed.

The entire process is free of charge except for minimal notarization and PSA fees.

Case 2: Rectification of Simulated Birth under RA 11222

This is the remedy when the relative has already been raising the child for years and the child’s PSA birth certificate lists the relative as the biological parent (common practice especially in rural areas before 2019).

Requirements

The simulation of birth was done for the best interest of the child
The child was not yet 18 at the time of simulation
No criminal case for simulation of birth has yet attained finality against the petitioner

Procedure

File petition with the Regional NACC/DSWD office (administrative, not court).
Submit original simulated birth certificate, actual birth facts (hospital records, baptismal, affidavits of witnesses, etc.), death certificate of biological parent(s), consent of child if 10+, etc.
Social worker conducts verification and home study.
NACC issues Order of Rectification → PSA annotates the birth certificate: “Rectified pursuant to RA 11222” and the adoptive parent remains as parent, surname remains as is (or can be adjusted if needed).

Result: The child is now legally adopted, surname is already the adopter’s, and the previous simulation is cured without criminal liability.

Judicial Adoption (Only When Administrative Is Not Applicable)

Used when:

The adopter is not within the 4th degree
There is opposition from the surviving parent that cannot be resolved administratively
The child is already 18 but wants to be adopted (adult adoption – allowed only for therapeutic or successional purposes)

Procedure is longer (1–3 years), filed with the Regional Trial Court – Family Court, publication required, trial custody six (6) months, etc. Upon finality of the adoption decree, the court orders PSA to issue a new birth certificate with the adopter’s surname.

Automatic Change of Surname upon Adoption

Article 189 of the Family Code and Section 13 of RA 8552 expressly provide:

“The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate children… The adoptee shall bear the surname of the adopter.”

Therefore, once the adoption (administrative or judicial) or rectification becomes final, the child automatically bears the adopter’s surname. No separate Rule 103 change-of-name petition is required or allowed.

Exceptions / Special Cases

If the adopter is married and uses the spouse’s surname, the child takes that surname.
If the adopter wants the child to retain the deceased parent’s surname as middle name (e.g., Juan Dela Cruz Santos, where Dela Cruz is the adopter and Santos was the deceased parent), this can be requested and is routinely granted by NACC or the court.
Illegitimate children who were already using the biological father’s surname via RA 9255 retain that surname unless adoption changes it.

Conclusion

In the Philippines today, adopting the child of a deceased relative and changing the child’s surname to the adopter’s is straightforward, inexpensive, and almost always administrative. Relatives who have been raising the child for years should immediately approach their regional National Authority for Child Care (NACC) office or DSWD Regional Office to determine whether administrative adoption (RA 11642) or simulated birth rectification (RA 11222) applies. In the overwhelming majority of cases, the child will have the adopter’s surname and full legal status as a legitimate child within six months without ever stepping inside a courtroom.