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LETTER received: Sixteen years ago I fell in love
with a man and had extramarital sex with him. He disappeared after I
got pregnant. Our daughter is now 15.
Last year, I married a
Filipino-American guy who now wants to adopt my daughter. I have no
objection to his adopting her since he treats her like his own.
However, my worry is that her academic records might be adversely
affected since she has been using her natural father’s surname. If
my husband adopts her, will my daughter assume his family name? How
will the adoption be effected?
I shall be grateful if you can
give me some pointers on adoption.
Nelly P.
Response
Adoption is a judicial act that
creates between two persons’ relations, purely civil, of paternity
and filiation. The adopted becomes a legitimate child of the
adopter, with reciprocal rights and obligations arising from that
relationship. Consequently, the child has the right to bear the
surname of the adopter, receive support and inherit (Article 174 of
the Family Code). However, the adopted does not become an heir of
the relatives of the adopter (Teotico v. Del Val, 13 SCRA 406).
Under the law, a person of age
and in possession of full civil capacity and legal rights may adopt
a child, provided he is in a position to support and care for his
children, in keeping with the means of the family. Also, the adopter
must at least be sixteen years older than the person to be adopted.
(Article 183, id.). An alien who is not a former Filipino citizen
may not adopt a Filipino unless he or she is the
legitimate/illegitimate child of his Filipino spouse (Article 184,
id.).
The law requires that the person
to be adopted, if ten years of age or over, give consent to the
adoption (Article 188, id.). Hence, your 15-year-old daughter must
give a written consent to her adoption.
The first move of the person
desiring to adopt is to present his petition to the Regional Trial
Court of the province, or the Municipal Trial Court of the city or
municipality where he resides. In the city of Manila, the
proceedings should be instituted in the Metropolitan Trial Court
(tasked with juvenile and domestic relations cases) [Section 1, Rule
99 of the revised Rules of Court]. Said petition should contain the
following, to wit: (a) The jurisdictional facts; (b) The
qualifications of the adopter; (c) The adopter is not disqualified
by law.
To be filed with the petition
should be the consent signed by the child, if 14 years of age or
over and not incompetent, and by its living parent(s) (Section 3,
id.).
If the petition and consent filed
are sufficient in form and substance, the court, by an order
reciting the purpose of the petition, will fix a date and place for
the hearing thereof, which should not be more than six months after
the entry of the order, and will direct that a copy of said order be
published before the hearing at least once a week for three
successive weeks in a newspaper of general circulation published in
the province, as the court deems best (Section 4, id.).
The court—on being satisfied
with proof on the date fixed in its order that such order had been
published as directed, that the allegations of the petition are
true, and that it is a proper case of adoption and the petitioner(s)
is/are able to bring up and educate the child properly—will
adjudge (1) that thenceforth the child is freed from all legal
obligations of obedience and maintenance with respect to its natural
parents, except the mother when the child is adopted by her husband,
and (2) the child’s surname is changed to that of the petitioner.
(Section 5, id.).
The final orders or judgments of
the court will thereafter be served by the clerk upon the civil
registrar of the city or municipality. Consequently, there will be
no problem about the academic records of your daughter.
Above all things, let us harken
to the following statement of our Lord and Master Jesus Christ:
“Be perfect, just as your heavenly Father is perfect.” (Matthew
5:48).
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