1 Adoption Domestic Adoption Law RA 8552 Sec. 3.

Definition of Terms: (b) "A CHILD LEGALLY AVAILABLE FOR ADOPTION" o Refers to a chi d who has been !o "ntari # or in!o "ntari # committed to the Department or to a d" # icensed and accredited chi d$p acin% or chi d$carin% a%enc#& o '"st be freed of the parenta a"thorit# of his(her bio o%ica parent(s) or %"ardian or adopter(s) in case of rescission of adoption. (c) "VOLUNTARILY COMMITTED CHILD" o )s one whose parent(s) *nowin% # and wi in% # re in+"ishes parenta a"thorit# to the Department. (d) "INVOLUNTARILY COMMITTED CHILD" o )s one whose parent(s)& *nown or "n*nown& has been permanent # and ,"dicia # depri!ed of parenta a"thorit# d"e to abandonments"bstantia & contin"o"s& or repeated ne% ect- ab"se- or incompetence to dischar%e parenta responsibi ities. (e) "ABANDONED CHILD" o Refers to one who has no proper parenta care or %"ardianship or whose parent(s) has deserted him(her for a period of at east si. (/) contin"o"s months and has been ,"dicia # dec ared as s"ch. QUALIFICATIONS OF ADOPTER AND ADOPTEE: Sec. 0. WHO MAY ADOPT. 1 The fo owin% ma# adopt: The petitioners right to file a petition for adoption is already vested at the time of filing and governed by the law then in force and cannot be impaired by the enactment of a new law. IF A FILIPINO CITIZEN: An# 2i ipino citi3en of e%a a%e (48 #ears o d) )n possession of f" ci!i capacit# and e%a ri%hts& 5f %ood mora character& o A person who is guilty of immoral conduct is said to be without good moral character. Immoral conduct has been defined as that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. 6as not been con!icted of an# crime in!o !in% mora t"rpit"de& o Moral turpitude includes everything which is done contrary to justice, honesty, modesty or good morals. 7motiona # and ps#cho o%ica # capab e of carin% for chi dren& At east si.teen (4/) #ears o der than the adoptee& and o The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent; 8ho is in a position to s"pport and care for his(her chi dren in *eepin% with the means of the fami #.

9ossesses a the +"a ifications and non of the dis+"a ifications pro!ided b# aws.

IF ALIEN: An# a ien possessin% the same +"a ifications as abo!e stated for 2i ipino nationa s: PROVIDED& that his(her co"ntr# has dip omatic re ations with the Rep"b ic of the 9hi ippines& That he(she has been i!in% in the 9hi ippines for at east three (3) contin"o"s #ears prior to the fi in% of the app ication for adoption and That he(she maintains s"ch residence "nti the adoption decree is entered& That he(she has been certified b# his(her dip omatic or cons" ar office or an# appropriate %o!ernment a%enc# that he(she has the e%a capacit# to adopt in his(her co"ntr#& and That his(her %o!ernment a ows the adoptee to enter his(her co"ntr# as his(her adopted son(da"%hter: o NOTE: Provided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) A former 2i ipino citi3en who see*s to adopt a re ati!e within the fo"rth (:th) de%ree of consan%"init# or affinit#- or (ii) 5ne who see*s to adopt the L7;)T)'AT7 son(da"%hter of his(her 2i ipino spo"se- or (iii) 5ne who is married to a 2i ipino citi3en and see*s to adopt ,oint # with his(her spo"se a re ati!e within the fo"rth (:th) de%ree of consan%"init# or affinit# of the 2i ipino spo"se- or N T!" The waiver is not mandatory as can be deduced form the use of the word #MA$% instead of #&'A((%. The court if it deems necessary has the discretion to re)uire the minimum three year continuous residency in the *hilippines even in the presence of the foregoing three circumstances. N T!" Any Alien not )ualified under +omestic Adoption (aw may file an Adoption under Inter,-ountry Adoption (aw" The .ualifications are" &ame as /ilipino Adopter 'as the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country Is eligible to adopt under his national law. Agrees to uphold the basic rights of the child as embodies under *hilippine laws and International laws.

-omes from a country with who the *hilippines has diplomatic relations and whose government maintains a similarly authori0ed and accredited agency and that adoption is allowed under his national laws.

IF THE GUARDIAN WITH RESPECT TO THE WARD: IN ADDITION TO THE REQUIREMENTS ABOVE, MAY ADOPT HIS FORMER WARD: o after the termination of the %"ardianship and o After c earance of his(her financia acco"ntabi ities. RULE ON JOINT ADOPTION ;7<7RAL R=L7: 6"sband and wife sha ,oint # adopt& o 1oth of them must be co,petitioner. 7>?79T)5<: 7.cept in the fo owin% cases the adopter witho"t ,oinin% his spo"se as co$ petitioner can adopt a one: o (i) )f one spo"se see*s to adopt the L7;)T)'AT7 son(da"%hter of the 5T67R S95=S7- or 9ro!ided& 6owe!er& that the other spo"se has si%nified his(her consent thereto- 2- N&!NT I& !N 34', there is no need to ma5e the consenting spouse a co,petitioner6 o (ii) )f one spo"se see*s to adopt his(her 58< )LL7;)T)'AT7 son(da"%hter: 9ro!ided& 6owe!er& that the other spo"se has si%nified his(her consent thereto- or (- N&!NT I& !N 34', there is no need to ma5e the consenting spouse a co,petitioner6 o (iii) )f the spo"ses are L7;ALL@ separated from each other. IN CASE HUSBAND AND WIFE JOINTLY ADOPT, OR ONE SPOUSE ADOPTS THE ILLEGITIMATE SON/DAUGHTER OF THE OTHER, JOINT PARENTAL AUTHORITY SHALL BE EXERCISED BY THE SPOUSES. Sec. 8. WHO MAY BE ADOPTED. 1 The fo owin% ma# be adopted: An# person A7L58 ei%hteen (48) #ears of a%e who has been administratively or judicially declared available for adoption; The e%itimate son(da"%hter of one spo"se b# the other spo"seo 7egardless of age. o !ven if not administratively or judicially declared available for adoption. An i e%itimate son(da"%hter b# a +"a ified adopter to impro!e his(her stat"s to that of e%itimac#o 7egardless of age. o !ven if not administratively or judicially declared available for adoption. A person e!en if a read# of e%a a%e if& prior to the adoption& said person has been consistent # considered and treated b# the adopter(s) as his(her own chi d since minorit#o !ven if not administratively or judicially declared available for adoption. A chi d whose adoption has been pre!io"s # rescinded- or o An adopted child cannot be adopted during the e8istence of the first adoption.

A chi d whose bio o%ica or adopti!e parent(s) has died: If the adoption is joint, and only one of the adoptive parents died, no new adoption is permissible during the lifetime of the surviving adopter, unless, in the meantime the adoption and been rescinded by the adoptee. o Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent.

Sec. B. WHOSE CONSENT IS NECESSARY TO THE ADOPTION. After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption , the written consent of the fo owin% to the adoption is hereb# re+"ired: o The adoptee& )f ten (4C) #ears of a%e or o!ero The bio o%ica parent(s) of the chi d& )f *nown& or o The e%a %"ardian& or o The proper %o!ernment instr"menta it# which has e%a c"stod# of the chi d- (DS8D) o The e%itimate and adopted sons(da"%hters& of the adopter(s) if an#. Ten (4C) #ears of a%e or o!er& o The e%itimate and adopted sons(da"%hters of the adoptee if an# Ten (4C) #ears of a%e or o!er. o The i e%itimate sons(da"%hters& of the adopter Ten (4C) #ears of a%e or o!er& )f i!in% with said adopter and the atterDs spo"se& if an#- and o The spo"se& if an#& of the person adoptin% or o The spo"se& if an#& of the person to be adopted. <ote: o If one parent is dead, the written consent of the surviving parent suffices. If they are both alive, but legally separated and parental authority is judicially reposed in one, the latters written consent is enough. &ame thing is true if one parent is deprived of parental authority. Adoption is void if the father did not give his consent and has not abandoned the child.

Sec. 43. Decree of Adoption. 3nder +omestic Adoption (aw, no valid adoption without a court decree, a mere agreement of adoption between the adopters and the parents of the child is not a valid adoption, neither is the mere registration of the child in his birth certificate as the child of the supposed adopter a valid adoption. Requisites befo e ! "#ti#! t$e De% ee of A&o'tio# After the p"b ication of the order of hearin% has been comp ied with& and <o opposition has been interposed to the petition& and After consideration of the case st"dies& the +"a ifications of the adopter(s)& tria c"stod# report and the e!idence s"bmitted& The co"rt is con!inced that the petitioners are +"a ified to adopt& and that the adoption wo" d redo"nd to the best interest of the adoptee&

5 De% ee of A&o'tio#, W$e# Effe%ti(e: A decree of adoption sha be entered which sha be effecti!e as of the date the ori%ina petition was fi ed. o This pro!ision sha a so app # in case the petitioner(s) dies before the iss"ance of the decree of adoption to protect the interest of the adoptee. THE DECREE SHALL STATE THE NAME BY WHICH THE CHILD IS TO BE KNOWN. Although one of the effect of adoption is that the adoptee shall use the surname of his adopting parents, however, the adopter cannot change the first name of the child. The first name is not affected by the decree of adoption, there must be a separate action of change of name for that purpose. T67 AD59T)5< 6AS T67 25LL58)<; 7227?TS: Sec. 4/. Parental Aut !r"t#. 7.cept in cases where the bio o%ica parent is the spo"se of the adopter& a e%a ties between the bio o%ica parent(s) and the adoptee sha be se!ered and the same sha then be !ested on the adopter(s). Sec. 40. Le$"t"%a&#. The adoptee sha be considered the e%itimate son(da"%hter of the adopter(s) for a intents and p"rposes and as s"ch is entit ed to a the ri%hts and ob i%ations pro!ided b# aw to e%itimate sons(da"%hters born to them witho"t discrimination of an# *ind. To this end& the adoptee is entit ed to o!e& %"idance& and s"pport in *eepin% with the means of the fami #. Sec. 48. Su&&e''"!n. )n e%a and intestate s"ccession& the adopter(s) and the adoptee sha ha!e reciproca ri%hts of s"ccession witho"t distinction from e%itimate fi iation. 6owe!er& if the adoptee and his(her bio o%ica parent(s) had eft a wi & the aw on testamentar# s"ccession sha %o!ern. o NOTE: Ching Leng vs Galang: Adoption does not confer on the adopted child the citizenship of the adopter. Adoption is not recognized by law as a way of ac !iring citizenship. Citizenship is a privilege" not a right. #t is political in nat!re on which the estate has an interest. Adoption is civil in nat!re.

=<D7R T67 2A')L@ ?5D7: Art. 48B. Adoption sha ha!e the fo owin% effects: ... ... ... (3) The adopted sha remain an intestate heir of his parents and other b ood re ati!es. 1ut the biological parents ceases to be the intestate heir of the adopted child. Art. 4BC. Legal or intestate succession to the estate o the a!o"te! shall #e go$erne! #% the ollo&ing rules' o Le%itimate and i e%itimate chi dren and descendants and the s"r!i!in% spo"se of the adopted sha inherit from the adopted&

6 in accordance with the ordinar# r" es of e%a or intestate s"ccession8hen the parents& e%itimate or i e%itimate& or the e%itimate ascendants of the adopted conc"r with the adopter& The# sha di!ide the entire estate of the adopted chi d& 5ne$ha f to be inherited b# the parents or ascendants and The other ha f& b# the adopters8hen the s"r!i!in% spo"se or the i e%itimate chi dren of the adopted conc"r with the adopters& The# sha di!ide the entire estate in e+"a shares& 5ne$ha f to be inherited b# the spo"se or the i e%itimate chi dren of the adopted and The other ha f& b# the adopters. 8hen the adopters conc"r with the i e%itimate chi dren and the s"r!i!in% spo"se of the adopted& The# sha di!ide the entire estate in e+"a shares& 5ne$third to be inherited b# the i e%itimate chi dren& 5ne$third b# the s"r!i!in% spo"se& and 5ne$third b# the adopters8hen on # the adopters s"r!i!e& The# sha inherit the entire estate- and 8hen on # co atera b ood re ati!es of the adopted s"r!i!e& then the ordinar# r" es of e%a or intestate s"ccession sha app #.

o o

R7S?)SS)5< 52 AD59T)5< 8ho ma# Rescind the Decree of Adoption: o 5n # the Adopted ?hi d ma# rescind (b# fi in% a petition) A# him himse f 8ith assistance of the Department if a minor or e!en if o!er 48 b"t incapacitated& Department wi act as %"ardian or co"nse . o The Adopter -annot 7escind the Adoption but can only disinherit the child. Sec. 4B. Gr!un(' )!r Re'&"''"!n !) A(!*t"!n. o =pon petition of the adoptee& with the assistance of the Department if a minor or if o!er ei%hteen (48) #ears of a%e b"t is incapacitated& as %"ardian(co"nse & the adoption ma# be rescinded on an# of the fo owin% %ro"nds ?5'')TT7D A@ T67 AD59T7R(S): (a) Repeated ph#sica and !erba ma treatment b# the adopter(s) despite ha!in% "nder%one co"nse in% (b) Attempt on the ife of the adoptee (c) Se."a assa" t or !io ence- or (d) Abandonment and fai "re to comp # with parenta ob i%ations. NOTE: Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

7 Art. 9:9. the following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate" ;hen a child or descendant has been / 3N+ (even if p rdon !" t#e pre$ident% 43I(T$ ( $ princip & or ccomp&i$# !'t not $ cce$$or"% of an attempt ((i&&f'& not mere ne)&i)ence% against the life o f the testator, 2Adopter6 o 'is or her spouse, o +escendants, or o Ascendants< ;hen a child or descendant 'A& A--3&!+ T'! T!&TAT 7 / A -7IM! / 7 ;'I-' T'! (A; *7!&-7I1!& IM*7I& NM!NT / 7 &I= $!A7& 7 M 7!, if the accusation (inc&'de$ t#o$e fi&ed (it# t#e fi$c &% has been found groundless<
o o o * &icio'$ pro$ec'tion i$ covered 'nder t#i$ rtic&e F &$e te$timon" i$ &$o covered. Ac+'itt & doe$ not nece$$ ri&" me n )ro'nd&e$$ UNLESS t#e cc'$ tion i$ re &&" 'nfo'nded.

;hen a child or descendant 'A& 1!!N - N>I-T!+ / A+3(T!7$ 7 - N-31INA4! with the spouse of the testator< ;hen a child or descendant 1$ /7A3+, >I (!N-!, INTIMI+ATI N, 7 3N+3! IN/(3!N-! -auses the testator to ma5e a will or to change one already made<
o T#e c# n)e$ need not !e in f vor of t#e di$in#erited #eir.

A 7!/3&A( ;IT' 3T ?3&TI/IA1(! -A3&! T &3** 7T the parent or ascendant who disinherits such child or descendant<
o T#e te$t tor m'$t # ve m de dem nd to t#e #eir !'t ( $ denied.

MA(T7!ATM!NT / T'! T!&TAT 7 1$ ; 7+ the child or descendant<

o o o

7 +!!+, by

*ere di$o!edience i$ not )ro'nd *ere in)r tit'de or ,( & n) 't n) n &oo!- i$ not )ro'nd. T#e determin tion of (# t i$ m &tre tment i$ &eft to t#e di$cretion of t#e co'rt.

;hen a child or descendant leads a dishonorable or disgraceful life< - N>I-TI N / A -7IM! ;'I-' -A77I!& ;IT' IT T'! *!NA(T$ / -I>I( INT!7+I-TI N.

Sec. 2C. E))e&t' !) Re'&"''"!n. o )f the petition is %ranted& The parenta a"thorit# of the adopteeDs bio o%ica parent(s)& if *nown& or the e%a c"stod# of the Department sha be restored if the adoptee is sti a minor or incapacitated. The reciproca ri%hts and ob i%ations of the adopter(s) and the adoptee to each other sha be e.tin%"ished. The co"rt sha order the ?i!i Re%istrar to cance the amended certificate of birth of the adoptee and restore his(her ori%ina birth certificate. S"ccession ri%hts sha re!ert to its stat"s prior to adoption& b"t on # as of the date of ,"d%ment of ,"dicia rescission. Eested ri%hts ac+"ired prior to ,"dicia rescission sha be respected. A the fore%oin% effects of rescission of adoption sha be witho"t pre,"dice to the pena ties imposab e "nder the 9ena ?ode if the crimina acts are proper # pro!en.

S)'=LAT)5< 52 A)RT6:

Simulation of birth is the tampering of the civil registry making it appear in the birth records that a certain child as born to a person ho is not his!her biological mother" causing such child to lose his!her true identity and status#

Sec. 22. RECTIFICATION OF SIMULATED BIRTHS. A person who has& prior to the effecti!it# of this Act& sim" ated the birth of a chi d sha not be p"nished for s"ch act: o Pr!+"(e(& That the sim" ation of birth was made for the best interest of the chi d and o That he(she has been consistent # considered and treated b# that person as his(her own son(da"%hter: o Pr!+"(e(, )urt er, That the app ication for correction of the birth re%istration and petition for adoption sha be fi ed within fi!e (5) #ears from the effecti!it# of this Act and comp eted thereafter: o Pr!+"(e(, )"nall#, That s"ch person comp ies with the proced"re as specified in Artic e )E of this Act and other re+"irements as determined b# the Department. N T!& N A+ *TI N The law on Inter,-ountry Adoption. o 1asically premised on reciprocity o /ormer /ilipino and even alien can adopt in the *hilippines under this law. o Adoption is both judicial and administrative. ?udicial @ by filing with the proper court in the *hilippines. Administrative @ filing with the proper agency 2adoption board6 in the foreign country. o 3nder +A(, among the )ualifications of a child proposed to be adopted is that the child must be a (!4A(($ /7!! -'I(+ meaning a child who has been voluntarily or involuntarily committed to the +epartment in accordance wit the -hild and $outh ;elfare -ode. In other words, there must first be a certification to the effect that the child is available for adoption. o The Inter,-ountry Adoption 1oar to act as the central authority in matters relating to inter,country adoption. o Inter,-ountry Adoption as the (ast 7esort" The 1oard shall ensure that all possibilities for adoption of the child under the /amily -ode have been e8hausted and that the inter,country adoption is in the best interest of the child. T.US No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. There are two laws which govern adoption, the +omestic Adoption Act, and the Inter,-ountry Adoption Act. .ualifications of the adopter" Dome$tic Adoption Act 7esidency" /ilipino citi0en 7esident Alien 2resident for A years6 !8cept" :. alien is the spouse of a /ilipino citi0en who see5s to jointly adopt with his spouse a relative within the fourth degree of consanguinity or affinity of the /ilipino spouse Inter/Co'ntr" Adoption Act 7esidency" Non,resident alien /ilipino citi0en permanently residing in a foreign country

B. former /ilipino citi0en who see5s to adopt a relative within the fourth degree of consanguinity or affinity A. one who see5s to adopt the legitimate son or daughter of his or her /ilipino spouse :C years older than the adoptee, unless the adopter is the biological parent of the adoptee, or the spouse of the adoptees parent No conviction of a crime involving moral turpitude /inancially, emotionally, psychologically capable of caring for the child 4ood moral character At least :D years of age /or aliens @ country of his own nationality confers reciprocal rights to the adoptee

:C years older than the adoptee, unless the adopter is the biological parent of the adoptee, or the spouse of the adoptees parent No conviction of a crime involving moral turpitude /inancially, emotionally, psychologically capable of caring for the child 4ood moral character At least BE years of age +iplomatic relations with the *hilippines

3nder the law, preference is given to domestic adoption. If no one will adopt the child under the +omestic Adoption Act, he will then be matched for adoption under the Inter,-ountry Adoption Act. In both the +omestic and Inter,-ountry Adoption Act, the adoptee is a /ilipino child. /or Inter,-ountry Adoption Act, the adopters cannot identify a specific child to be adopted, e8cept in the case of adoption of relatives. 'owever, the adopters can provide for a general criterion such as male or female, B years of age, etc. In +omestic Adoption Act, it is the prospective adopters that institute the adoption proceedings. In Inter,-ountry Adoption Act, it is the child placement agency or the +epartment of &ocial ;elfare and +evelopment that institutes the judicial proceedings for inter,country adoption. *rocedure for institution of judicial proceedings for adoption" present )ualification for adoption trial custody period @ period of assimilation, whether the child will fit in a certain family and environment. /or inter,country adoption, the child shall be sent to the foreign country. -an the parents by nature stop an adoption proceedingF $es. If the biological parents can still perform their obligations, they will be protected and adoption will not be considered. Is it possible to adopt a married personF 4enerally, no. The law re)uires that the prospective adoptee is below :D 2domestic adoption6 or :G 2inter,country adoption6 years of age. The e8ceptions are" a. the person is of legal age and, prior to adoption, said person has been considered and treated by the adopters as his or her own child b. adoption of ones own illegitimate child c. adoption of the legitimate child of ones spouse !//!-T ." / A+ *TI N

+oes it terminate the relationship e8isting between the biological parents and the childF

1& A" NoH 1lood relationship remains and will continue to e8ist despite the child being adopted. ;hat is terminated by adoption is not the blood relationship but the parental authority of the biological parents. It is transferred to the adopting parent. Tamargo -ase" the child, while playing with another child, accidentally 5illed his playmate. 2&hot6 'e was then being petitioned to be adopted. *arents of the dead boy went after parents of the live boy. The adoption proceedings continued and the court granted the same< thereafter, the adoptive parents were included as defendants in the case. Their inclusion was based on the vicarious liability of the parents. ." -an the adopting parents be held liable for the acts of the child which happened before the petition for adoption was grantedF A" &- says N H The incident too5 place when the child who 5illed was not yet under the parental authority of the adopting parents. ." May an unmarried person adoptF A" $esH The law does not re)uire that an adopting parent be married. 'ence, even a priest can adopt. ." ;hy is that consent necessaryF A" 1ecause if the petition is granted, the child will be joining both the 'usband and the ;ife in their family life. ." nce the other spouse gives his consent to the petition to adopt, does it also ma5e the other spouse a petitionerF A" N H 'e was only giving his consent, and therefore not a petitioner. It is only the petitioner who will become the adopting parent, not the other spouse. 3nder the /- @ as a rule, if the petitioner is married, 1 T' spouses must join in the petition to adopt. It was no longer sufficient that the consent of the other spouses be ta5en or obtained. ." A" May an adopted child be a reserveeF , a propositusF 21ugging .uestion6 The law is silent.

Those who say $!& based their position on the argument that an adopted child is now considered the legitimate child of the adopter. There is problem when it comes to 7!&!7>A T7 N-A(. Art. D9:. The ascendant who inherits from his descendant any property which the latter may have ac)uired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have ac)uired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. ." ;hat is the purpose of 7eserva TroncalF A" To prevent property coming from one trun5Iline from passing to the other trun5. The property is reserved to relatives of the source of the property *ropositus,is the descendant who received the property by gratuitous title, the first receipint. 7eservee, is the recipient of the propositus.

1&

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It is provided for by law that in case of a reservee, it is N T enough that heIshe be related to the propositus within the A rd degree. The law re)uires double tie by consanguinity. A reservee should not only be related to the propositus, but must also be related to the originIsource, and the relation must be by consanguinity, not affinity. 'ow can that be attained in the case of an adopted child who is a strangerF &atisfy the relation between the reservee and the propositusF 'ow can the other re)uirement be satisfiedF Atty. Aligada" +espite what the law on adoption may provide at present, the right of the child to represent is only by implication. And in the absence of any jurisprudence, AN A+ *T!+ -'I(+ -ANN T 1! A 7!&!7>!!HHH The law e8pressly re)uires the 5ind of relationship that must e8ist 2must be by consanguinity @ by blood6

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