In re adoption of Stephanie

FACTS:

Honorato B. Catindig filed a petition to adopt his illegitimate child, Stephanie Nathy Astorga Garcia. He alleged that she was born on July 26, 1944. The latter has been using her mother's middle name and surname (Mother - Gemma Astorga Garcia). Petitioner is now a widower and qualified to be her adopting parent. He prayed that Stephanie's middle name be changed to her mother's surname and her surname to his surname (Garcia and Catindig).

RTC granted the adoption and the use only of his surname, not ths middle name. The petitioner then filed a motion for reconsideration/classification for usage of her mother's surname. The court held that no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name.

ISSUE: WON an illegitimate child may use the surname of her mother as her middle name when she is subsequently adopted by her natural father.

HELD: Yes. The effect of adoption is to be a legitimate child pursuant to Art. 189 of FC and Sec. 17 Art V of RA 8557. Being legitimate by virtue of adoption, Stephanie is entitled to all the rights provided by law to a legitimate child without any discrimination. This includes the right to bear the surname of her father and mother.