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Stepdaughter taking stepfathers name

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1 Stepdaughter taking stepfathers name on Wed Jul 12, 2017 1:00 pm

Gordonseco


Arresto Menor
Hello,

I am British and living in Cavite. I work on a foreign ship 3 months on/3 months off. I am married to a Filipina and we have a beautiful 5 year old daughter. We have been together for 11 years now. My wife has 2 children from her ex. aged 17 and 15, and when we bought our house in 2007, 10 years ago they came to live with us. Obviously they were 5yrs and 7yrs old then.
I have raised them both as my own since the day they moved in with us. They both want to take my Surname. The eldest will be 18yrs old in December. We tried to change her surname to mine a couple of years ago but the biological father did not like the idea even though he is now with another girl and has family with her, and he has never paid even one peso towards the upbringing of his kids. When we tried there seemed to be alot of red tape for this and that - I imagine things may be a bit easier (fairer) now under the Duterte administration.
The eldest daughter has recently been having text conversations with her biological father asking him to let her change her surname to ours but he still does not like the idea, and in the last one the text asks her to ask her mother (my wife) to buy him a new tricycle.
Do we really require his consent now after so long as I have been her stepfather now and raised her for 10 years already without any support or help from the real father?
Also, she turns 18yrs old in December 2017, would it be easier for her to change her surname then as an adult, giving the circumstances?
Thankyou for any advice you can give us.

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2 Re: Stepdaughter taking stepfathers name on Wed Jul 12, 2017 2:04 pm

Jadis

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Did you even try to consult a lawyer before, or have a petition prepared for the adoption of your step-children? Was your wife married to the father, or are your step children illegitimate?

There have been petitions for adoption prepared before alleging that the biological father unreasonably refused to give his consent. If your wife was not married to the father and the children are illegitimate, you might have an easier time because under the law, the biological mother exercises sole parental authority and sole custody over her illegitimate children.

Also, your country does not recognize adoptions that do not go through the inter-country adoption process. You might want to consult with your embassy on how to go about that.




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3 Re: Stepdaughter taking stepfathers name on Wed Jul 12, 2017 2:19 pm

Gordonseco


Arresto Menor
Thankyou Jadis,
We have not officially consulted a lawyer yet, only asked advice at the City Hall. No she was not married to the biological father so as you say that is a good thing.
I did not know aboutthe inter-country adoption process but will check that with my Embassy. Thankyou for your advice.

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4 Re: Stepdaughter taking stepfathers name on Wed Jul 12, 2017 2:27 pm

Jadis

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Gordonseco wrote:Thankyou Jadis,
We have not officially consulted a lawyer yet, only asked advice at the City Hall. No she was not married to the biological father so as you say that is a good thing.
I did not know aboutthe inter-country adoption process but will check that with my Embassy. Thankyou for your advice.

You cannot say you tried to adopt the children and talk about red tape then then, because you did not even attempt to start the proceedings.

Inter-Country adoption goes through the Inter-Country Adoption Board.Basically they will start the adoption process here, and the inter-country adoption board will forward your petition for adoption to your home country.

I had a client who was a British subject in the same position you are in now, and we went through the domestic adoption act (the entire process was completed here in the Philippines and a decree of adoption was duly issued by the court) but when it came time for them to apply for a British passport for the adoptee, their request was denied since the process of adoption was not through the inter-country adoption procedure.

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5 Reply to Jadis on Thu Jul 13, 2017 3:53 pm

Gordonseco


Arresto Menor
Thankyou Jadis,

I wrote to the ICAB yesterday so hope to hear something back soon.
Just one last quick one - the boy is 15 so we will be trying this process for him, the girl is 17 and will be 18 in December. She very much wants to have my last name - can I still adopt her if she has already turned 18 yrs old? If not, how easy is it for her just to change her Surname to mine? (In UK it is alled Name change by deed poll).
Thanks again

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6 Re: Stepdaughter taking stepfathers name on Thu Jul 13, 2017 4:30 pm

Jadis

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Gordonseco wrote:Thankyou Jadis,

I wrote to the ICAB yesterday so hope to hear something back soon.
Just one last quick one - the boy is 15 so we will be trying this process for him, the girl is 17 and will be 18 in December. She very much wants to have my last name - can I still adopt her if she has already turned 18 yrs old? If not, how easy is it for her just to change her Surname to mine? (In UK it is alled Name change by deed poll).
Thanks again

Yes you could adopt the 17 year old even when she reaches the age of majority.

To be able to change her surname to yours, there has to be a legal justification for her to do so, and you cannot just take on the name of a person with whom you are not related by blood, or affinity, or legal fiction (in this case, adoption creates the legal fiction or the juridical tie).

I don't think there is a change by deed poll equivalent here in the Philippines, and if there is, there are very limited grounds.

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7 Me again on Fri Dec 01, 2017 12:56 pm

Gordonseco


Arresto Menor
Hello again,

Just checking - as my 17 year old stepdaughter will be 18 yrs old on Dec 3rd (3 days time) can I still adopt her and her take my name once she is of age?
Thankyou
again
Best Regards
Gordon Henshaw

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8 Re: Stepdaughter taking stepfathers name on Mon Dec 04, 2017 3:13 pm

Jadis

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Gordonseco wrote:Hello again,

Just checking - as my 17 year old stepdaughter will be 18 yrs old on Dec 3rd (3 days time) can I still adopt her and her take my name once she is of age?
Thankyou
again
Best Regards
Gordon Henshaw

There is no prohibition for the adoption of a person beyond the age of majority as long as the legal requirements are complied with.

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