Query: How can a parent change their child's surname to that of a stepparent in the Philippines?

In the Philippines, the process of changing a child's surname to that of a stepparent involves several legal steps and is governed by specific provisions in Philippine law. This procedure is particularly relevant in cases where the biological parent is either absent or no longer involved in the child's life, and the stepparent wishes to legally adopt the child.

Legal Foundation

The change of a child's surname to a stepparent's typically follows an adoption process. Under the Domestic Adoption Act of 1998 (Republic Act No. 8552), a stepparent may adopt his or her stepchild under certain conditions. The act simplifies the adoption process in stepparent scenarios, recognizing the existing relationship between the stepparent and the stepchild.

Necessary Conditions for Adoption

For a stepparent to adopt a stepchild, several conditions must be met:

Marriage to the Child’s Biological Parent: The stepparent must be legally married to the child's biological parent.
Consent: The legal consent of the biological parents is required unless the parent has abandoned the child, is perpetually incapacitated, or has had parental authority terminated by the court.
Absence of Biological Parent: In situations where a biological parent's consent cannot be obtained because they cannot be located, the stepparent must demonstrate that a genuine effort has been made to locate the absent parent and seek consent.

Process of Adoption

The adoption process involves several key steps:

Filing of Petition: The stepparent must file a petition for adoption in the Family Court of the province or city where they reside.
Social Services Report: The Department of Social Welfare and Development (DSWD) will conduct a case study and submit a report to the court.
Hearing: A hearing will be held to determine the best interests of the child, during which the court will consider the DSWD report, testimonies, and any other relevant evidence.
Decree of Adoption: If the court finds in favor of adoption, it will issue a decree of adoption, legally establishing the stepparent as the parent of the child.

Changing the Child’s Surname

Once the adoption is finalized, the child’s surname can be legally changed to that of the stepparent. The new surname is typically reflected in a new birth certificate issued by the Philippine Statistics Authority (PSA).

Considerations and Implications

It is important for stepparents to understand that adoption is a legal act that not only changes the surname of the child but also confers upon the child all the rights and responsibilities of a biological child, including inheritance rights. Additionally, the adoption is irrevocable, signifying a permanent parent-child relationship.

Conclusion

Changing a child’s surname to that of a stepparent through adoption is a significant legal process that affirms the bonding and responsibilities within a family. It is advisable for families considering this step to consult with legal professionals who specialize in family law to ensure that all legal requirements are properly addressed and that the process is carried out in the best interest of the child.