Johnston vs.

Republic 30 April 1963 / Labrador / Appeal from decision nd order of CFI Rizal Facts: Isabel Valdes Johnston (48, marrid to Raymond Arthur Johnston) adopted a child (Ana Isabel Hentriette Antonio Concepcion Georgina, 2 years and 2 months old). The child was formerly in the Hospicio de San Jose. Upon adoption, she was given the surname Valdes. Issue: Should the child should have the mother s maiden name or married name as a surname? Ruling Maiden name. While appellant argues that having her maiden name would give the impression she was illegitimate, born out of marriage, a situation humiliating to both, the Solicitor General replied that her surname was Valdes and not Johnston. A married woman has a surname of her own. Art 341, par 4 entitles the the adopted minor to use the adopter s surname. Much confusion would ensue if the minor child had the last name of the spouse who did not join the adoption. She was not adopted by the husband. Held The child would maintain Valdes as a surname.