Introduction

In the Philippines, the adoption process fundamentally alters the legal status of a child, establishing a parent-child relationship between the adoptee and the adopter(s) that is equivalent to that of a legitimate child. A key aspect of this transformation is the change in the child's name, which symbolizes the integration into the new family. Under Philippine law, the name change typically occurs as part of the adoption decree and is not a separate procedure unless further modifications are sought post-adoption. This article provides a comprehensive overview of the legal framework, requirements, procedures, and implications for changing a child's name following adoption, drawing from relevant statutes, rules, and jurisprudence. It covers domestic adoption, inter-country adoption, and any subsequent name changes, emphasizing the protections afforded to the child's best interests.

Legal Basis

The primary laws governing adoption and concomitant name changes in the Philippines are:

Republic Act No. 8552 (Domestic Adoption Act of 1998): This act regulates the adoption of Filipino children by Filipino citizens or aliens residing in the Philippines. Section 13 explicitly provides that the adoption decree shall state the name by which the child is to be known, allowing for a change in the child's surname to that of the adopter and, optionally, the first name or middle name.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995), as amended by Republic Act No. 9523: This governs the adoption of Filipino children by foreign nationals or Filipinos residing abroad. Similar to domestic adoption, the adoption order includes provisions for name change, aligning the child's identity with the adoptive family.
Republic Act No. 10172 (An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register Without Need of a Judicial Order): While primarily for clerical corrections, this can apply to minor adjustments in adopted children's records, but not substantive name changes.
Rule 108 of the Rules of Court: For cancellation or correction of entries in the civil registry, including those related to adoption decrees. This rule is invoked if there are errors or if a further name change is needed after the adoption is finalized.
Administrative Order No. 1, Series of 2007 (Implementing Rules and Regulations of RA 9523): Provides procedural guidelines for administrative petitions to declare a child legally available for adoption, which indirectly affects name change processes.

Additionally, the Family Code of the Philippines (Executive Order No. 209) reinforces that adopted children shall bear the surname of the adopter (Article 189), and Supreme Court decisions, such as in Republic v. Hernandez (G.R. No. 117209, February 9, 1996), underscore that name changes in adoption must serve the child's welfare and not be arbitrary.

The Civil Code (Republic Act No. 386) also touches on names in Articles 364-380, stating that a person has the right to a name, but changes require judicial approval except in adoption cases where it is statutorily mandated.

When Does the Name Change Occur?

The name change for an adopted child is not a standalone process but is embedded within the adoption proceedings. It takes effect "after adoption" in the sense that it is implemented upon the issuance and finality of the adoption decree. The decree itself specifies the new name, making it legally binding. However:

During Adoption: The petition for adoption must include a request for name change if the adopter wishes to alter the child's given name. If not specified, the child automatically takes the adopter's surname, but the first name remains unless changed.
Post-Adoption: If the adoptive parents or the child (upon reaching majority) seek to change the name after the decree is issued—e.g., due to personal reasons, cultural considerations, or errors—it requires a separate judicial petition under Rule 103 (Change of Name) or Rule 108 (Correction of Entries) of the Rules of Court. This is distinct from the initial adoption-related change and is subject to stricter scrutiny.

Requirements for Name Change Pursuant to Adoption

To effect a name change as part of the adoption process, the following requirements must be met. These are prerequisites for the adoption petition itself, as the name change is integral to it.

1. Eligibility of the Adopter

The adopter must be at least 27 years old (or 16 years older than the adoptee if not the parent) and of legal age.
Must be in a position to support and care for the child, with good moral character, emotional stability, and no conviction for crimes involving moral turpitude.
For joint adoption by spouses, they must have been married for at least three years (with exceptions).
Foreign adopters under inter-country adoption must comply with additional requirements, such as certification from their home country’s adoption authority.

2. Eligibility of the Adoptee

The child must be below 18 years old (for domestic adoption) or legally available for adoption.
For children above 10 years old, their written consent is required.
The child must be declared legally available for adoption via a Certificate of Declaration of Child Legally Available for Adoption (DCLAA) issued by the Department of Social Welfare and Development (DSWD) or through judicial proceedings under RA 9523.

3. Documentary Requirements for the Adoption Petition

Petition for Adoption: Filed with the Family Court (or Regional Trial Court designated as such) in the place where the adopter resides. It must specify the desired new name of the child.
Home Study Report: Prepared by a licensed social worker from DSWD or an accredited agency, assessing the adopter's suitability.
Child Study Report: Detailing the child's background, health, and consent (if applicable).
Birth Certificate of the Child: Original or certified copy.
Consent Documents: Written consent from biological parents (if known), legal guardian, or DSWD; consent from the child if over 10; spousal consent if married.
Medical and Psychological Evaluations: For both adopter and adoptee.
Police Clearance, NBI Clearance, and Barangay Clearance: To prove good moral character.
Income Tax Returns or Financial Statements: Proof of financial capability.
Marriage Certificate (if applicable) and Death Certificate of previous spouse (if widowed).
For inter-country adoption: Additional documents like Hague Convention compliance certificates.

4. Procedural Steps in Adoption Leading to Name Change

Pre-Adoption Services: Matching of child and adopter by DSWD.
Filing of Petition: With the court, including the request for name change.
Publication and Posting: The petition is published in a newspaper of general circulation once a week for three consecutive weeks, and posted in conspicuous places.
Hearing: Court evaluates evidence; social worker testifies.
Issuance of Decree: If granted, the decree includes the new name and orders the Civil Registrar to issue an amended birth certificate reflecting the adoptive parents as natural parents and the new name. The original birth certificate is sealed.
Registration: The decree is registered with the Local Civil Registrar (LCR), who annotates the records.

The entire process typically takes 6-12 months, with a six-month trial custody period before finalization.

Requirements for Subsequent Name Change After Final Adoption

If a name change is sought after the adoption decree becomes final (e.g., to revert to a previous name, add a middle name, or for other reasons), it is treated as a general change of name under Philippine law, not tied to adoption. This requires:

1. Grounds for Change

The name is ridiculous, dishonorable, or extremely difficult to pronounce or write.
Habitual and continuous use of a different name.
To avoid confusion.
For adopted children, additional grounds may include cultural identity preservation or personal preference upon majority, but courts prioritize the child's best interests per the UN Convention on the Rights of the Child (ratified by the Philippines).

2. Eligibility

The petitioner must be the adoptive parent (if child is minor) or the adoptee (if of legal age).
No pending criminal cases or adverse moral implications.

3. Documentary Requirements

Verified Petition: Filed with the Regional Trial Court where the petitioner resides, stating the current name, proposed name, and reasons.
Affidavits: Supporting the grounds, including from two disinterested persons.
Birth Certificate and Adoption Decree: Certified copies.
Clearances: NBI, police, fiscal.
Proof of Publication: Similar to adoption, the order is published for three weeks.

4. Procedural Steps

Filing and Order: Court issues an order setting the hearing.
Publication: In a newspaper.
Hearing: Presentation of evidence.
Judgment: If granted, the court orders the LCR to change the records. Appealable within 15 days.
Annotation: On the birth certificate and other records.

This process is more adversarial and can take longer, often 3-6 months, with potential opposition from the Solicitor General representing the Republic.

Implications and Effects of Name Change

Civil Registry Amendments: Under RA 9048 (as amended by RA 10172), clerical errors in the adopted name can be corrected administratively by the LCR without court order, but substantive changes require judicial approval.
Legal Effects: The adopted child acquires all rights of a legitimate child, including succession rights under the adopter's surname. The name change severs ties with the biological family for legal purposes.
Confidentiality: Adoption records are confidential; the amended birth certificate does not indicate adoption.
International Recognition: For inter-country adoptions, the name change is recognized under the Hague Convention, but re-adoption in the receiving country may be required.
Challenges and Jurisprudence: Cases like In Re: Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 148311, March 31, 2005) allow adopted children to retain their biological middle name if desired, reflecting flexibility. However, arbitrary changes are denied if not in the child's interest.

Special Considerations

Illegitimate Children: If adopted by the biological father, the name change legitimizes the child, changing status from illegitimate to legitimate.
Abandoned or Foundling Children: Names assigned by DSWD or institutions can be fully changed upon adoption.
Gender and Cultural Aspects: Name changes must respect the child's gender identity and cultural heritage, with courts disallowing changes that could cause stigma.
Costs: Filing fees vary by court (around PHP 5,000-10,000), plus publication costs (PHP 3,000-5,000). Indigent petitioners may seek exemptions.
Role of Agencies: DSWD oversees pre- and post-adoption services, including counseling on name changes.
Penalties for Non-Compliance: Unauthorized name changes can lead to civil registry falsification charges under the Revised Penal Code.

Conclusion

Changing a child's name after adoption in the Philippines is a structured process designed to protect the child's identity and welfare while facilitating family integration. Primarily occurring through the adoption decree, it ensures a seamless transition. For post-decree changes, judicial oversight maintains integrity. Prospective adopters should consult legal experts or DSWD for personalized guidance, as each case may involve unique circumstances. This framework balances individual rights with societal interests, upholding the principle that the paramount consideration is the child's best interests.