Joe Pallugna THIS is an actual case of a married man who sired a daughter with a woman not his wife. That’s the other woman. When he became a widower (after his wife died, of course), he adopted his illegitimate daughter. After the adoption was approved by the court, he wanted his now-adopted, formerly illegitimate child, to use the surname of her mother as the child’s middle name. The court refused ruling that there is no basis for the adopted child who now used the surname of the adopting father to use the surname of her biological mother as her middle name. The father appealed to the Supreme Court. The High Tribunal in the case entitled In The Matter of the Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 14311, March 31, 2005) ruled that there is no law that prohibits the adopted child who used the surname of the adopting father to use the surname of her biological mother as he middle name. Now, that is settled. The Supreme Court further ruled: “Being a legitimate child by virtue of the adoption, it follows that Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and her mother. This is consistent with the intention of the members of the Civil Code and Family Law Committees. In fact, it is a Filipino custom that the initial or surname of the mother should immediately precede the surname of the father. “Additionally, as aptly stated by both parties, Stephanie’s continued use of her mother’s surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted that Article 189(3) of the Family Code and Section 1824, Article V of RA 8552 (law on adoption) provide that the adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in the future.” So the next time a neighbor or cousin asks you of whose surname can be used as an adopted child’s middle name-- “Is it the surname of the legal wife or of the biological mother?” -- you would already know the answer. How about the legal wife? What surname can she use? Art. 370 of the Civil Code clearly provides that “A married woman may use: a) Her maiden first name and surname and add her husband’ surname; b) Her maiden first name and her husband’s surname, or; c) her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.” Therefore, Maria Reyes who is married to Juan Cruz may use Maria Reyes Cruz, Maria Cruz of Mrs. Juan Cruz. She cannot and is not allowed to use her maiden name of Maria Reyes after she got married. Although this may sound masochistic, this is the law in the Philippines. Unlike in America where Hillary Rodham Clinton can retain her full name despite being married already to Bill Clinton. In our country, there is no choice for a married woman, even if she is the Boss in the family and the husband is hen-pecked or a mere subject of the wife. At least, for once, the husband wins in the name game. E-mail: ajpallugna@gmail.com