Dear PAO,
I have a son with my ex-boyfriend. I am getting married with a Singaporean next month and he wants my son to use his surname and live with us once we are married. Are these possible?
Shaz

Dear Shaz,
Your son is considered as an illegitimate child because you and his father were not married at the time of his birth. Since you are not marrying your son’s father, he will only be allowed to follow the surname of your husband once you have legally adopted your son.

As a rule, the husband and the wife shall jointly adopt. However, since you will be adopting your own illegitimate child, your husband shall not be obliged to join you in the petition. It shall only be required that he has signified his consent to the adoption. Nevertheless, if your husband wants, he shall not be precluded from joining you in the petition for adoption (Section 8, Republic Act (R.A.) No. 8552).

To legally adopt your son, you and your husband, or you alone with his consent, should file a petition for adoption before the Family Court of the place where you reside (Section 6, New Rule on Adoption, A.M. No. 02-6-02-SC, August 02, 2002). Your petition shall be verified and shall specifically state at the heading of the petition the application for the change of name of your son (Section 7, id.) In addition, you shall also need to obtain the written consent of your son, if he is ten (10) years of age or over, and his biological father, if known (Section 9, R.A. No. 8552). However, the requirement of a written consent on the biological father of your son may be dispensed with if he has abandoned your son or if he is insane or hopelessly intemperate. In such a case, the court may still acquire jurisdiction over your petition for adoption even without the written consent of the biological father as long as the petition for adoption alleges facts sufficient to warrant exemption from compliance therewith (Cang vs. Court of Appeals, GR No. 105308, September 25, 1998).

Once the court grants your petition for adoption, your son’s status shall be legitimized and his surname will be changed to that of your husband. Because of the adoption, all the legal ties between your son and his father shall be severed and shall be vested to you and your husband (Section 16, R.A. No. 8552). Your son shall also be considered as your legitimate son for all intents and purposes and as such, shall be entitled to all the rights and obligations provided by law to legitimate children who shall be born to you without discrimination of any kind (Section 17, id.).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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