Legal Question in Family Law in Philippines
My wife has a niece in the Philippines who is turning 23 years old next year. My wife's niece mother is my wife's elder sister and legally married to her husband; my wife's niece biological father. My wife's niece was abandoned by both of her parents when she was still very young and my wife practically took the responsibility of raising her up. We are now in the United States. My wife's niece is still living with with her grandmother (my wife's mother) in the Philippines. Can my wife's niece who is still single can legally apply to change her last name to my wife's last name which is my last name since we are married. Or is there a possibility that we adopt my wife's niece and have her last name change with my last name?
1 Answer from Attorneys
Your wife's niece could not apply for the change of her surname to your last name. Such is not allowed and this is true even if your wife was the one who raised her niece since birth. You and your wife may choose to adopt your wife's niece. If you are planning to do so however for the purpose of later on giving you the option to petition her for immigration to the US as your adopted child, the petition for immigration will be denied because for immigration purposes, the adoption should take place before the 16th birthday of the child.
Very truly yours,
JEANIE S. PULIDO, ESQ.
Unit G-07 Antel Seaview Tower A,
2626 Roxas Boulevard, Pasay City 1300,
Metro Manila, Philippines
Email: [email protected]
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