In the Philippines, an adopted child can use their biological mother’s surname as their middle name, even after adoption by their natural father. This ruling clarifies that adoption aims to benefit the child, allowing them to maintain their maternal lineage and identity. This decision acknowledges Filipino custom and ensures the child’s rights are fully protected under the law, promoting their welfare and sense of belonging. The Supreme Court’s decision balances legal principles with cultural practices, ensuring that the adopted child’s identity and heritage are respected.

When Adoption Meets Identity: Can a Child Keep Their Mother’s Surname?

The case of In the Matter of the Adoption of Stephanie Nathy Astorga Garcia revolves around Honorato B. Catindig’s petition to adopt his illegitimate child, Stephanie Nathy Astorga Garcia. The central legal question is whether Stephanie, upon adoption by her natural father, could use her natural mother’s surname, “Garcia,” as her middle name. Initially, the trial court granted the adoption but ordered that Stephanie be known as STEPHANIE NATHY CATINDIG, effectively removing her mother’s surname. This prompted Honorato to seek clarification, arguing that Stephanie should be allowed to retain her mother’s surname as her middle name. The trial court denied this request, stating that no law or jurisprudence allowed it, leading to the appeal to the Supreme Court.

The petitioner argued that depriving Stephanie of her mother’s surname as her middle name was unwarranted, as no law explicitly prohibits it. He emphasized the Filipino custom of using the mother’s surname as a middle name and the importance of maintaining Stephanie’s identity and connection to her maternal lineage. The Republic, through the Office of the Solicitor General (OSG), supported the petitioner’s position, highlighting that under Article 189 of the Family Code, Stephanie remains an intestate heir of her natural mother. Maintaining her mother’s surname as her middle name would prevent future confusion regarding her filiation and hereditary rights. The OSG further contended that what the law does not prohibit, it allows, and that preserving Stephanie’s maternal link aligns with Filipino customs.

The Supreme Court delved into the legal framework governing surnames, referencing Articles 364 to 380 of the Civil Code. These articles primarily address the use of surnames for legitimate, legitimated, and adopted children, as well as married and formerly married women. While the law is explicit regarding surnames, it remains silent on the use of middle names. Article 365 of the Civil Code states that “An adopted child shall bear the surname of the adopter.” However, it does not address whether the child can retain their biological mother’s surname as a middle name. This silence became a focal point in the Court’s analysis.

The Court noted the discussions during the drafting of the Family Code, where members of the Civil Code and Family Law Committees recognized the Filipino custom of using the mother’s surname as a middle name. Justice Caguioa, during the committee meetings, suggested that while the use of the father’s surname should be mandatory, the child may use the mother’s surname by way of an initial or a middle name. The minutes of the Joint Meeting of the Civil Code and Family Law Committees highlighted this perspective:

“Justice Caguioa suggested that the proposed Article (12) be modified to the effect that it shall be mandatory on the child to use the surname of the father but he may use the surname of the mother by way of an initial or a middle name.”

The Court emphasized that adoption is intended to benefit the child, endowing them with a legitimate status and ensuring their welfare. Republic Act No. 8552, the “Domestic Adoption Act of 1998,” secures these rights and privileges for the adopted child. Since Stephanie, as an adopted child, is deemed legitimate, she is entitled to the rights provided by law to legitimate children, including the right to bear the surnames of both her father and mother.

Furthermore, the Court recognized that allowing Stephanie to use her mother’s surname as her middle name would maintain her maternal lineage, aligning with Article 189(3) of the Family Code and Section 18, Article V of RA 8552, which stipulates that the adoptee remains an intestate heir of their biological parent. This ensures Stephanie can claim her hereditary rights from her natural mother in the future. The Court also acknowledged the importance of family relationships, noting that Stephanie lives with her mother and is closely attached to both her parents. Permitting her to use her mother’s surname as her middle name would sustain her relationship with her mother and diminish the stigma of illegitimacy.

The Supreme Court also cited Art. 10 of the New Civil Code, stating that:

Citing this provision, the Court reinforced its commitment to ensuring justice prevails, especially in ambiguous legal situations. This provision guides the Court to interpret laws in a manner that upholds fairness and equity, particularly when the legislative intent is not explicitly stated.

In its decision, the Supreme Court emphasized the principle that adoption statutes should be liberally construed to promote the welfare of the adopted child. The Court stated, “The interests and welfare of the adopted child are of primary and paramount consideration; hence, every reasonable intendment should be sustained to promote and fulfill these noble and compassionate objectives of the law.” Given the absence of a law prohibiting an illegitimate child adopted by her natural father from using her mother’s surname as a middle name, the Court found no reason to deny Stephanie this right.

FAQs

What was the key issue in this case?	The central issue was whether an illegitimate child, upon adoption by her natural father, could use her natural mother’s surname as her middle name.
What did the trial court initially decide?	The trial court initially granted the adoption but ordered that the child be known only by her father’s surname, effectively removing her mother’s surname.
What was the Supreme Court’s ruling?	The Supreme Court ruled that the adopted child could use her mother’s surname as her middle name, emphasizing the importance of maintaining her maternal lineage and identity.
Why did the Supreme Court allow the use of the mother’s surname?	The Court cited the Filipino custom of using the mother’s surname as a middle name and the absence of any law prohibiting it, aligning with the child’s best interests.
What is the legal basis for the ruling?	The ruling is based on the interpretation of the Family Code and the Domestic Adoption Act, which aim to protect the rights and welfare of adopted children.
How does this ruling affect the child’s inheritance rights?	The ruling ensures that the child remains an intestate heir of her biological mother, allowing her to claim hereditary rights in the future.
What is the significance of the Domestic Adoption Act of 1998?	The Domestic Adoption Act of 1998 secures the rights and privileges of adopted children, ensuring they are treated as legitimate children.
What is the role of the Office of the Solicitor General (OSG) in this case?	The OSG supported the petitioner’s position, emphasizing the importance of preserving the child’s maternal link and preventing future confusion regarding her filiation.
How does this ruling promote the welfare of the adopted child?	By allowing the child to maintain her mother’s surname, the ruling sustains her relationship with her mother and diminishes any potential stigma of illegitimacy.
What is the broader impact of this decision?	The decision reinforces the principle that adoption statutes should be liberally construed to benefit the adopted child, promoting their welfare and sense of belonging.

This landmark decision underscores the judiciary’s commitment to protecting the rights and welfare of adopted children, harmonizing legal principles with cultural practices. By allowing Stephanie to carry her mother’s surname, the Supreme Court affirmed the importance of maintaining familial connections and individual identity within the framework of adoption. This ruling provides clarity and guidance for future adoption cases, ensuring that the best interests of the child remain the paramount consideration.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA, G.R. No. 148311, March 31, 2005