Practice question
A nonmarital child lawfully uses a recognizing father’s surname. After a failed adoption request, a court orders a different surname solely by reciting the maternal-surname sentence of176, without addressing the recognition provision or the proper name-change proceeding. Which Vina analysis applies?
- The full amended176 and the required procedure must be considered; the first sentence alone is insufficient
- The first sentence automatically nullifies every recognized paternal surname
- All paternal recognition is legally irrelevant
- Failed adoption necessarily proves a compelling name-change reason
- The surname can be changed without any jurisdictional inquiry
Legal references
- Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Articles174,176,194 and201–202.
- Vina v Ty GR273935 August18,2025 MAIN: https://lawphil.net/judjuris/juri2025/aug2025/gr_273935_2025.html MAIN failed adoption and contingent surname application.
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