Legal Question in Family Law in Philippines
My estranged husband and I have 3 kids, and we agreed that I obtain a divorce in the current country I'm in due to the long annulment process in the Philippines. He also agreed to give me full custody of the kids as he has his own family now. My questions are:
1. If we do get divorced and I get married here, would I be able to renew my Philippine passport with the surname of my new husband? (I currently have my maiden name on my passport)
2. What is the process for my new husband to adopt the kids (ages 16, 13, 12) and have his surname ?
Thanks & more power,
1 Answer from Attorneys
The divorce decree has to be recognized here in the Philippines. This will entail you a petition for recognition of foreign divorce and there are certain requirements.Then once the divorce has been duly recognized here then that is the time you can have a change of your surname from your maiden name. If you got married without the divorce having recognized here in the Philippines then there is a question on the validity of your marriage as far as the Philippine law is concerned. You should have first obtain a recognition of this foreign divorce before getting married.
On the adoption, a petition in the Philippine courts will have to be initiate jointly by you and your new spouse. However, the recognition of the foreign divorce and the validity of your second marriage has to be addressed. Good luck to you.
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