Requirements for Changing Records of Adopted Children in Schools

Adoption in the Philippines irrevocably establishes a parent-child relationship between the adoptive parents and the adopted child, conferring upon the child all the rights and privileges of a legitimate biological offspring. Central to the full realization of this new legal identity is the mandatory updating of the child’s scholastic records to reflect the court-ordered change in name, parentage, and civil status. Failure to effect such changes exposes the child to continued use of obsolete documents, potential discrimination, administrative inconvenience, and violation of the child’s right to identity. This article exhaustively sets forth the governing statutes, procedural requirements, documentary prerequisites, institutional obligations, and remedial measures specifically applicable to the amendment of school records of adopted children.

I. Governing Legal Framework

  1. Republic Act No. 8552 (Domestic Adoption Act of 1998) is the principal statute. Section 15 declares that the adopted child “shall be considered as a legitimate child of the adopters for all intents and purposes.” Section 16 mandates the issuance of a new birth certificate, while Section 17 terminates all legal ties with the biological parents.

  2. For inter-country adoptions, Republic Act No. 8043 (Inter-Country Adoption Act of 1995) applies. A foreign adoption decree, once recognized by Philippine courts or processed through the Inter-Country Adoption Board, produces the same effects as a domestic decree for purposes of record amendment.

  3. The Family Code of the Philippines (Executive Order No. 209, as amended), Articles 183–193, supplies the substantive rules on who may adopt and the effects of adoption.

  4. Procedural rules are embodied in the Supreme Court’s Rule on Adoption (A.M. No. 02-6-02-SC, effective 22 August 2002, as amended by subsequent resolutions). Section 18 thereof explicitly requires the court to order the Local Civil Registrar to issue an amended birth certificate immediately upon finality of the decree.

  5. Department of Education issuances implement the foregoing statutes. Although specific memorandum numbers evolve, the standing policy of DepEd is that all public and private schools must accept a final decree of adoption and the corresponding amended birth certificate as sufficient authority to update the learner’s permanent record (SF 10/Form 137) without requiring additional judicial proceedings.

II. Legal Effects Relevant to School Records

Upon finality of the adoption decree (fifteen days after receipt of notice if no motion for reconsideration or appeal is filed), the following consequences attach:

  • The child acquires the surname of the adoptive father (or the adoptive mother in the case of a single adopter or same-sex couple where permitted by future legislation or judicial interpretation).
  • If the petition included a prayer for change of first name or middle name, the decree itself effects the change.
  • All prior entries in the civil registry are superseded by the amended birth certificate.
  • The original birth certificate is placed under seal and may be opened only by court order.

These effects extend to all official records, including scholastic documents. The school’s refusal to update constitutes a denial of the child’s legal identity and may be challenged by mandamus or administrative complaint.

III. Procedure for Amending Civil Registry Records (Prerequisite to School Update)

  1. The Regional Trial Court that granted the adoption transmits the decree and a specific order to the Local Civil Registrar (LCR) of the city or municipality where the child’s birth was originally registered.

  2. The LCR annotates the original entry, issues the amended birth certificate in the new name and with the adoptive parents listed, and forwards the documents to the Philippine Statistics Authority (PSA).

  3. Adoptive parents obtain certified true copies of the amended birth certificate from any PSA Civil Registry Outlet or through the PSA website. These copies bear the annotation “Issued pursuant to a Decree of Adoption” and are the only acceptable documents for school purposes.

IV. Documentary Requirements for Changing School Records

To effect the change in any public or private elementary, secondary, or tertiary institution, the adoptive parents (or the adopted child if already of legal age) must submit the following:

  1. Formal written request addressed to the School Registrar or Principal, signed by both adoptive parents (or the sole adopter), stating the exact change desired and the legal basis.

  2. Certified true copy of the final Decree of Adoption issued by the court, bearing the stamp of finality and the court’s order directing record amendment.

  3. Certified true copy of the Amended Birth Certificate issued by the PSA (at least two copies).

  4. Original or certified true copy of the child’s current school records (Form 137/SF 10, report cards, good moral certificate) for cross-referencing and annotation.

  5. Two recent 2×2 photographs of the child.

  6. Valid government-issued identification cards of the adoptive parents.

  7. If the child is enrolled in a new school, the same documents plus the duly accomplished enrollment form using the new name.

  8. In cases of inter-country adoption: (a) authenticated foreign adoption decree with Apostille, (b) Philippine court order of recognition or enforcement, and (c) PSA-issued birth certificate reflecting the adoption.

No affidavit of discrepancy or publication requirement is needed when the change is effected by virtue of a final adoption decree; the judicial order itself supplies the legal authority.

V. Institutional Obligations of Schools

  • Public and private schools, colleges, and universities are under mandatory duty to update the learner’s permanent record within five (5) working days from submission of complete documents.
  • The updated Form 137 must reflect the new full name, new date and place of birth (if altered), and new parents’ names.
  • All subsequent issuances (diplomas, transcripts, certifications) must use the amended details.
  • The school may not require a separate petition for judicial name change or correction under Republic Act No. 9048, as the adoption decree is a superior judicial act.
  • No fees shall be charged for the updating process itself, consistent with the policy against imposing financial barriers to the exercise of legal rights.
  • Confidentiality must be observed; the school record must not disclose the fact of adoption to third parties without written consent or court order.

VI. Special Situations

  1. Step-parent adoption – The same documents suffice; the biological parent’s name is replaced by the step-parent’s where the decree so provides.

  2. Foundling or abandoned child – The decree usually assigns a new surname; schools follow the PSA amended certificate.

  3. Adopted child already of legal age – The adoptee may file the request personally, attaching proof of legal capacity.

  4. Transfer of records between schools – The sending school must issue the updated Form 137 using the new name upon presentation of the decree and amended birth certificate.

  5. Tertiary level and professional licensure – The Commission on Higher Education (CHED) and Professional Regulation Commission (PRC) accept the same set of documents for admission, transcript evaluation, and board examinations.

VII. Remedies in Case of Refusal or Delay

  1. Administrative complaint before the DepEd Regional Office or CHED for public schools/colleges, citing violation of RA 8552 and DepEd policies.

  2. Petition for mandamus in the Regional Trial Court having jurisdiction over the school, praying for the immediate updating of records.

  3. Complaint for damages under Article 19–21 of the Civil Code if the refusal causes undue prejudice to the child.

  4. Report to the Council for the Welfare of Children or the local Social Welfare and Development Office for possible violation of the child’s rights under Republic Act No. 7610.

VIII. Confidentiality and Non-Discrimination

Section 16 of RA 8552 and Section 7 of the Rule on Adoption impose strict confidentiality. Schools are prohibited from revealing the adoptive status in any public announcement, yearbook, or communication with other parents. Any breach may give rise to criminal liability under the same statutes and to civil liability for damages.

The foregoing requirements constitute the complete and exhaustive legal framework under current Philippine law for changing the school records of adopted children. Compliance ensures that the adopted child enjoys the full benefits of legitimacy without the burden of outdated documentation, thereby upholding the constitutional and statutory mandate to protect the best interests of the child.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.