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Middle Mother's Child Surname Court Adopted Stephanie's Mother

Front b) Honorato filed a petition to adopt his minor illegitimate child Stephanie, alleging that Stephanie's mother is Gemma Astorga Garcia;  that Stephanie has been using her mother's middle name and surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie's middle name be changed from "Astorga" to "Garcia," which is her mother's surname and that her surname "Garcia" be changed to "Catindig," which is his surname. This the trial court denied. Was the trial court correct in denying Honorato's request for Stephanie's use of her mother's surname as her middle name? Explain. (5%)
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SUGGESTED ANSWER:
No, the trial court was not correct.  There is no law prohibiting an illegitimate child adopted by his natural father to use as middle name his mother's surname.  The law is silent as to what middle name an adoptee may use.  In case of In re:  Adoption of Stephanie nathy Astorga Garcia, GRN 148311, March 31, 2005, the Supreme Court ruled that adopted child may use the surname of the natural mother as  his middle name because there is no prohibition in the law against it.  Moreover, it will also be for the benefit of the adopted child who shall preserve his lineage on his mother's side and reinforce his right to inherit from his mother and her family.  Lastly, it will make the adopted child conform with the time-honored Filipino tradition of carrying the mother's surname as the person's middle name.

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