A doctrinal and practical overview

1. Introduction

Adoption in the Philippines doesn’t just change family relationships; it also changes legal identity—especially a child’s surname and filiation as shown in the civil registry.

In theory, it’s straightforward:

Court (or the new administrative body) approves the adoption → Civil Registrar / PSA issues an amended birth certificate → Child uses the adoptive surname moving forward.

In practice, things get messy:

Wrong spelling of the adoptive surname
Old surname still appearing in some copies or databases
Confusion between middle name and surname after adoption
Different records (school, passport, bank, PRC, etc.) using different surnames

This article explains, in Philippine context, how adoption affects surnames and how to correct surname discrepancies in the civil registry after an adoption has already been approved.

2. Legal Framework

Several laws and rules intersect here:

Civil Code / Family Code
- Rules on filiation, legitimacy, use of surnames, and the effect of adoption on parental authority and name.
Domestic Adoption Laws
- The earlier Domestic Adoption Act (RA 8552) and related issuance on certification of a child legally available for adoption (RA 9523).
- The newer framework (e.g., the move toward administrative adoption through a centralized authority) which issues a Certificate or Order of Adoption without going through a regular court, but with the same civil registry effects.
Inter-Country Adoption Law (for foreign-based adoptions of Filipino children)
- Inter-country adoption orders, once properly recognized and registered, also lead to an amended birth record in the Philippines.
Civil Registry Law (Act No. 3753 and implementing rules)
- Governs registration of births, marriages, deaths, and subsequent changes/annotations such as adoption, legitimation, etc.
RA 9048 and RA 10172
- RA 9048: administrative correction of clerical or typographical errors and change of first name or nickname in the civil register.
- RA 10172: expanded RA 9048 to allow administrative correction of day and month of birth and sex, under specific conditions.
- Very important: RA 9048 generally does not allow direct change of surname, except in the narrow context of correcting clerical/typographical errors in the surname as already legally established.
Rules of Court
- Rule 103 – Change of name (judicial petition).
- Rule 108 – Cancellation or correction of entries in the civil registry (judicial petition for substantial corrections).

The crucial idea: There are two main paths to fix surname issues in the civil registry—

Administrative (RA 9048/10172) for minor/clerical problems; and
Judicial (Rule 108, sometimes Rule 103) for substantial or contested issues.

3. Effect of Adoption on Surnames & Civil Registry Entries

3.1 Legal Effect of Adoption on Filiation and Surname

Once an adoption is validly granted (by court decree or by administrative adoption authority), the adoptee:

Becomes the legitimate child of the adoptive parent(s);
Acquires the right to bear the surname of the adoptive parent(s);
Severs the legal tie, for most purposes, with the biological parents (subject to specific exceptions in the law).

Depending on the adoption order, the child’s full name may change:

Surname – typically becomes that of the adoptive father or adoptive parents, consistent with general rules on legitimate children’s surnames.
Middle name – can change as well (e.g., mother’s maiden surname as middle name, if the child is now legitimate child of married adoptive parents).
Given name – may or may not change, depending on the court/authority order.

3.2 What Happens to the Birth Certificate

The adoption order is transmitted to the Local Civil Registrar (LCR) where the birth was registered and to the Philippine Statistics Authority (PSA). Two key things usually happen:

An amended birth record is made, reflecting:
- New surname of the child;
- Adoptive parents as father and/or mother;
- Corresponding changes to middle name, legitimacy status, etc.
The original birth record is:
- Marked or treated as “cancelled” or “sealed”;
- Kept strictly confidential, accessible only under strict legal conditions (e.g., court order, or as allowed by adoption law).

The PSA thus issues a new birth certificate (the “amended” one), which the adoptee will use going forward for all legal purposes.

4. Common Surname Discrepancy Problems After Adoption

Here are the usual trouble spots:

4.1 Typographical / Clerical Errors

Examples:

Adoptive surname spelled differently from the adoption order (e.g., De la Cruz vs Dela Cruz vs Delacruz).
One letter missing or wrong (e.g., Gutierrez vs Gutierres).
Middle name mis-typed after adoption.

These are often clerical errors that can be fixed through RA 9048.

4.2 Wrong Implementation of Adoptive Surname

Examples:

Court/Certificate of Adoption says the child’s surname shall be “Reyes”, but the amended birth certificate still shows the biological father’s surname “Santos”.
Adoption order clearly states the new name (including surname), but the LCR/PSA record remains unchanged or inconsistently changed.

This is not simply a typo; it’s a failure to implement the adoption order correctly.

4.3 Confusion in Middle Name vs Surname

After adoption, especially in step-parent adoptions or when only one parent adopts:

Child’s surname might be correct, but the middle name is wrong (e.g., still showing biological father’s surname as middle name when the law and adoption order would now treat the child as legitimate of adoptive father and mother).
Or the registry flips the intended surname and middle name.

This may or may not be treated as “clerical,” depending on how obvious the intended name is from the adoption order.

4.4 Inconsistencies Across Different Copies / Databases

Examples:

PSA-issued birth certificate shows new surname, but school records, PhilHealth, PhilSys, PRC, passport, etc. still show old surname.
Or vice versa: civil registry lagging behind, while other IDs changed based on the adoption order.

This often isn’t a civil registry problem alone; it’s a records alignment problem that requires using the adoption order and PSA records to fix other agency records.

4.5 Adoption Implemented Late or Not Annotated at All

Examples:

You have a Decree of Adoption from years ago, but the birth certificate is still in the pre-adoption name because the court order was never properly transmitted or implemented.
You discover this only when applying for a passport, marriage license, or bank loan.

Here, the issue is non-registration or incomplete registration of the adoption, which needs to be corrected first.

5. Administrative Correction (RA 9048 / RA 10172)

5.1 When Administrative Correction Is Proper

RA 9048 (as amended) allows correction of clerical or typographical errors in the civil register without going to court.

A clerical or typographical error is typically:

An obvious error in spelling, writing, copying, or typewriting;
One that does not involve a substantial change in the status, nationality, age, or legitimacy of the person.

Applied to surname discrepancies after adoption, RA 9048 is usually appropriate when:

The adoption order clearly and validly changed the child’s surname, and
The civil registry entry attempts to reflect this, but has a clear typographical mistake (e.g., one letter off, spacing, capitalization, missing part of a compound surname).

It is not meant to use RA 9048 to:

Change from biological surname to adoptive surname for the first time (that is the job of adoption registration);
Re-open or question the validity of the adoption itself;
Make non-minor changes (e.g., totally change surname into something not authorized by the adoption).

5.2 Who May File & Where

Usually, the following may file a petition under RA 9048:

The person whose record is involved (the adoptee, if of age);
A parent or guardian if the child is a minor.

You generally file with:

The Local Civil Registrar of the city/municipality where the birth was registered; or
For those abroad, the Philippine Consulate that has jurisdiction over the place where the person resides.

5.3 Documentary Requirements (Typical)

Requirements vary slightly per LCR, but commonly include:

Petition form (RA 9048 format, notarized).
PSA/Local Civil Registry copy of the birth certificate showing the error.
Adoption Decree or Certificate of Adoption, plus proof that it is final and executory (if judicial adoption).
Valid IDs and other supporting documents showing consistent use of the correct surname (school records, IDs, etc.).
Affidavits and sometimes community tax certificate (cedula), depending on LCR policy.

5.4 Procedure in Brief

Filing of the petition with supporting documents and fees.
Evaluation by the Civil Registrar:
- Check if the error is indeed clerical and within RA 9048.
Posting / Publication:
- Some petitions require posting on the bulletin board of the LCR or publication (depending on type of correction).
Decision:
- If granted, the LCR annotates the birth record and forwards documents to PSA.
PSA annotation:
- PSA updates its database and issues annotated birth certificates reflecting the corrected surname.

Result: Your civil registry record and PSA copies match the surname as authorized by the adoption order.

6. Judicial Correction (Rule 108 & Related Petitions)

When the discrepancy is substantial, the correction must be done through the courts, not just administratively.

6.1 When Rule 108 Is Needed

Rule 108 is used when:

The requested correction is not merely clerical;
It involves or may affect:
- Legitimacy or filiation;
- Nationality;
- Civil status;
- Identity in a substantial sense.

Common examples linked to adoption:

Birth certificate still shows the child as illegitimate child of biological mother only, despite adoption, and the LCR has never carried out the adoption order.
The surname on the birth certificate completely disagrees with the adoption order, not just in spelling but in the choice of surname itself.
There is a need to cancel or change an entire entry due to adoption-related issues (e.g., multiple conflicting entries, error in identifying parents after adoption).

In these cases, you usually file a Petition for Cancellation or Correction of Entry under Rule 108 with the appropriate Regional Trial Court.

6.2 Who Must Be Included

Rule 108 is an adversarial proceeding. Parties who may need to be named or notified include:

The Local Civil Registrar concerned;
The Philippine Statistics Authority;
The Office of the Solicitor General;
The biological and/or adoptive parents (depending on the issue);
Any other party whose rights may be affected.

6.3 Procedure in Brief

File the petition in the RTC of the place where the civil registry is located.
Publication of the petition in a newspaper of general circulation.
Service of notice to all concerned parties.
Hearing:
- Presentation of evidence:
  - Adoption decree/Certificate of Adoption;
  - Existing birth certificate;
  - Other documents (school records, IDs, etc.)
- Possible opposition or comment by concerned agencies.
Court decision:
- If the court finds that the correction is warranted, it issues an order granting the petition and directing the civil registrar to correct or cancel specific entries.
Implementation:
- The decision, once final, is transmitted to the LCR and PSA, which annotate or amend the records accordingly.

Result: The civil registry now properly reflects the adoptive surname and filiation on the authority of a court order.

7. Correction vs. Change of Name (Rule 103)

Sometimes, the problem is not a mistake in implementation but a wish to change the surname after adoption for reasons other than correcting an error. For example:

An adult adoptee wants to revert to the biological surname;
An adoptee wants to hyphenate or modify the adoptive surname, even though the adoption order is correct.

That is no longer a “correction” but a change of name, which typically requires:

A Petition for Change of Name under Rule 103 of the Rules of Court, based on proper and reasonable cause.

This is distinct from:

Implementing an adoption order (ministerial or corrective work); or
Fixing an error in the civil registry (Rule 108 / RA 9048).

Courts are generally more cautious with name changes, especially when they affect public records and identity.

8. Special Situations

8.1 Inter-Country Adoption

For Filipino children adopted abroad:

The foreign adoption often causes a change of name and surname under foreign law.
To be effective in the Philippines, that adoption must be recognized/registered under Philippine law and the Civil Registry system.

After proper registration:

A Philippine civil registry entry (birth / adoption annotation) is made, reflecting the adoptive surname.
If discrepancies exist between Philippine records and foreign records, Rule 108 and/or specialized adoption rules may come into play.

8.2 Step-Parent Adoption and Earlier Recognition

Some children:

Were previously acknowledged by a biological father (giving them the father’s surname);
Later get step-parent adoption by the mother’s new spouse.

Questions arise on:

Whether the child’s surname should follow the adoptive father, or maintain some combination;
How to reflect the new legitimate filiation vs prior recognition.

The final adoption order is controlling, but if civil registry entries don’t match it, you go back to RA 9048 (if clerical) or Rule 108 (if substantial).

8.3 PSA Record vs. Local Civil Registrar Record

Sometimes, the LCR has already performed the proper annotation, but the PSA:

Has not yet updated its database; or
Continues to issue old copies.

In such cases:

The first step is usually to coordinate with the LCR and PSA for a follow-up endorsement or re-submission of documents.
If a clear administrative lapse persists and causes serious problems, legal remedies (including mandamus or corrective petitions) may be explored, but often internal coordination suffices.

9. Aligning Other Records to the Correct Surname

Once the civil registry record is correct and final:

The PSA-issued birth certificate becomes the main basis for your name.

You can then work on aligning:

School records
Passport (DFA)
PhilHealth, SSS, Pag-IBIG
Driver’s license, PRC license
Bank accounts, property titles

They will typically ask for:

PSA birth certificate with correct surname;
Adoption Decree / Certificate of Adoption (especially for older adoptions or where there’s significant name change);
IDs and supporting documents.

Using multiple surnames in different records after correction can cause:

Identity issues;
Delays in transactions; and
Potential legal complications in estates, property, and contracts.

10. Practical Tips

Get your latest PSA copy first.
- Don’t rely on old NSO or uncertified copies; see exactly what the PSA has now.
Compare the PSA entry with your Adoption Decree / Certificate of Adoption.
- Is the surname exactly the same?
- Are the adoptive parents correctly shown?
- Are middle name and legitimacy status correctly reflected?
Classify the discrepancy.
- Typo/minor clerical → likely RA 9048 petition.
- Wrong surname or wrong parent / non-implementation of adoption → likely Rule 108 petition.
Talk to the Local Civil Registrar.
- Ask what they see as within RA 9048 and what they consider substantial.
- They can give forms and checklists.
Prepare documentary support.
- Adoption order, IDs, old and new records, affidavits if needed.
Be mindful of time and life events.
- Correct discrepancies before applying for:
  - Passport
  - Marriage license
  - Professional license or immigration processes
- These events magnify the problems caused by conflicting surnames.
For complex or contested cases, consult a lawyer.
- Especially if:
  - Adoption itself is complicated or inter-country;
  - Multiple entries exist;
  - There is resistance from other parties (e.g., biological or adoptive relatives).

11. Conclusion

In the Philippines, adoption legally transforms a child’s surname and civil status, which must be faithfully reflected in the civil registry. When surname discrepancies arise after adoption, the law offers structured remedies:

Administrative correction (RA 9048/10172) for clerical surname errors that don’t change status or filiation;
Judicial correction (Rule 108) for substantial errors or non-implementation of the adoption;
Change of name (Rule 103) for situations where the adoptee seeks a new surname beyond merely correcting an error.

The key is to anchor everything on the adoption order (or Certificate of Adoption) and to ensure the PSA and LCR records clearly and accurately reflect it. Once the civil registry is in order, all other government and private records can be brought into line, giving the adoptee a stable, consistent legal identity under their rightful surname.