Adoption Doesn’t Automatically Change an Adoptee’s Registered First Name

G.R. No. 117209, February 09, 1996

Imagine the joy of adopting a child, wanting to give them a fresh start with a name that reflects their new family. But in the Philippines, adoption and changing a child’s first name aren’t automatically linked. This case clarifies that while an adoptee rightfully takes on the adopter’s surname, changing their registered first name requires a separate legal process. It underscores the importance of following proper legal procedures, especially when altering official records.

Legal Context: Names, Adoption, and the Rules of Court

In the Philippines, a person’s name is more than just a label; it’s a legal identifier. The Civil Code emphasizes the importance of having a registered name, consisting of a given name and a surname. Article 376 of the Civil Code states that “No person can change his name or surname without judicial authority.” This underlines the State’s interest in maintaining a clear system of identification.

Adoption, governed primarily by the Family Code and related rules, creates a legal parent-child relationship. While it allows the adoptee to use the adopter’s surname, it doesn’t automatically change the first name. Changing the first name requires a separate petition under Rule 103 of the Rules of Court, a special proceeding designed specifically for name changes.

Rule 103 outlines specific requirements, including residency, publication of the petition, and demonstrating a justifiable cause for the change. This ensures transparency and protects against fraudulent or malicious name changes.

Permissive joinder of causes of action, as stipulated in Sec. 5, Rule 2 of the Rules of Court, allows combining actions in one lawsuit if they arise from the same transaction or relation, and don’t violate rules on jurisdiction and venue. However, as this case shows, not all related actions can be joined.

Case Breakdown: Republic vs. Hon. Jose R. Hernandez

Van Munson and Regina Munson sought to adopt Kevin Earl Bartolome Moran. In their adoption petition, they also requested to change Kevin’s first name to Aaron Joseph, the name he had been baptized with and known by since living with them.

The Republic of the Philippines opposed the inclusion of the name change in the adoption petition, arguing that it required a separate proceeding under Rule 103. The trial court, however, granted both the adoption and the name change in a single order.

The Supreme Court reversed the trial court’s decision regarding the name change. The Court acknowledged the validity of the adoption, stating, “Accordingly, we fully uphold the propriety of that portion of the order of the court below granting the petition for adoption.” However, it emphasized that changing the first name requires a separate legal process.

The Court reasoned that a change of name is a privilege, not a right, and must be based on valid grounds, such as when the name is ridiculous, dishonorable, or causes confusion. The Court quoted the Solicitor General, stating, “A petition for adoption and a petition for change of name are two special proceedings which, in substance and purpose, are different from each other… These two proceedings involve disparate issues.”

The Court also rejected the argument for permissive joinder of causes of action, finding that adoption and change of name are distinct proceedings with different requirements and objectives.

The key steps in the case’s procedural journey included:

• Filing of the petition for adoption with a prayer for change of name in the Regional Trial Court.
• Opposition by the Republic of the Philippines to the joinder of the two petitions.
• The Trial Court ruling in favor of the private respondents.
• Appeal to the Supreme Court, which reversed the decision regarding the change of name.

Practical Implications: What This Means for You

This case highlights the importance of understanding the specific legal procedures required for different actions. While adoption allows an adoptee to take on the adopter’s surname, changing the first name requires a separate petition under Rule 103, demonstrating valid grounds and complying with all procedural requirements.

Key Lessons:

• Separate Proceedings: Adoption and change of name are distinct legal processes.
• Surname Change: Adoption automatically allows the adoptee to use the adopter’s surname.
• First Name Change: Changing the first name requires a separate petition under Rule 103.
• Valid Grounds: A petition for change of name must be based on valid grounds, such as avoiding confusion or embarrassment.
• Procedural Compliance: Strict compliance with procedural rules is essential for a successful petition for change of name.

Hypothetical Example:

A couple adopts a child and wants to change both their first and last names to better reflect their family identity. While they can legally change the child’s last name through the adoption process, they must file a separate petition for change of name to alter the child’s first name, providing valid justification to the court.

Frequently Asked Questions

Q: Does adoption automatically change an adoptee’s full name?

A: No. Adoption automatically allows the adoptee to use the adopter’s surname, but changing the first name requires a separate legal process.

Q: What is Rule 103 of the Rules of Court?

A: Rule 103 governs petitions for change of name, outlining the requirements for residency, publication, and demonstrating a valid cause for the change.

Q: What are valid grounds for changing a name in the Philippines?

A: Valid grounds include when the name is ridiculous, dishonorable, extremely difficult to write or pronounce, or when the change will avoid confusion.

Q: Can I include a petition for change of name in my adoption petition?

A: While you can include it, the court is likely to require you to file a separate petition for change of name under Rule 103.

Q: What happens if I don’t follow the proper procedure for changing a name?

A: The change of name will not be legally recognized, and your official records will still reflect your original name.

Q: What documents do I need to file a petition for change of name?

A: Requirements include a verified petition, proof of residency, publication of the petition, and evidence supporting the grounds for the change.

Q: How long does the process of changing a name usually take?

A: The duration varies depending on the court’s caseload and the complexity of the case, but it typically takes several months to a year.

ASG Law specializes in Family Law. Contact us or email hello@asglawpartners.com to schedule a consultation.