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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 petitioner’s 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 #.
• Agrees to uphold the basic rights of the child as embodies under *hilippine laws and International laws.ualifications are" • &ame as /ilipino Adopter • 'as the capacity to act and assume all rights and responsibilities of parental authority under his national laws. o 2 . 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.or (ii) 5ne who see*s to adopt the L7. Further.-ountry Adoption (aw" The . and has undergone the appropriate counseling from an accredited counselor in his country • Is eligible to adopt under his national law.2 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.or • N T!" The waiver is not mandatory as can be deduced form the use of the word #MA$% instead of #&'A((%.)T)'AT7 son(da"%hter of his(her 2i ipino spo"se. That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) A former 2i ipino citi3en who see*s to adopt a re ati!e within the fo"rth (:th) de%ree of consan%"init# or affinit#.or (iii) 5ne who is married to a 2i ipino citi3en and see*s to adopt . N T!" Any Alien not )ualified under +omestic Adoption (aw may file an Adoption under Inter.oint # with his(her spo"se a re ati!e within the fo"rth (:th) de%ree of consan%"init# or affinit# of the 2i ipino spo"se.
WHO MAY BE ADOPTED.N&!NT I& !N 34'. o !ven if not administratively or judicially declared available for adoption. there is no need to ma5e the consenting spouse a co.or (.ALL@ separated from each other.petitioner6 o (iii) )f the spo"ses are L7. 7>?79T)5<: 7. o !ven if not administratively or judicially declared available for adoption.N&!NT I& !N 34'. RULE ON JOINT ADOPTION .petitioner6 o (ii) )f one spo"se see*s to adopt his(her 58< )LL7.7<7RAL R=L7: 6"sband and wife sha .petitioner.oinin% his spo"se as co$ petitioner can adopt a one: o (i) )f one spo"se see*s to adopt the L7. Sec. OR ONE SPOUSE ADOPTS THE ILLEGITIMATE SON/DAUGHTER OF THE OTHER.3 • -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.2. 8.)T)'AT7 son(da"%hter: 9ro!ided& 6owe!er& that the other spo"se has si%nified his(her consent thereto. 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. there is no need to ma5e the consenting spouse a co. The e%itimate son(da"%hter of one spo"se b# the other spo"seo 7egardless of age. 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.or o An adopted child cannot be adopted during the e8istence of the first adoption. IN CASE HUSBAND AND WIFE JOINTLY ADOPT. A chi d whose adoption has been pre!io"s # rescinded.cept in the fo owin% cases the adopter witho"t .or 9ro!ided& 6owe!er& that the other spo"se has si%nified his(her consent thereto.oint # adopt& o 1oth of them must be co. JOINT PARENTAL AUTHORITY SHALL BE EXERCISED BY THE SPOUSES.)T)'AT7 son(da"%hter of the 5T67R S95=S7. 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. MAY ADOPT HIS FORMER WARD: o after the termination of the %"ardianship and o After c earance of his(her financia acco"ntabi ities. IF THE GUARDIAN WITH RESPECT TO THE WARD: IN ADDITION TO THE REQUIREMENTS ABOVE. 3 .
o Sec. Decree of Adoption. &ame thing is true if one parent is deprived of parental authority. If they are both alive. B.4 A chi d whose bio o%ica or adopti!e parent(s) has died: If the adoption is joint. <ote: o If one parent is dead. unless. a mere agreement of adoption between the adopters and the parents of the child is not a valid adoption. in the meantime the adoption and been rescinded by the adoptee. 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. Adoption is void if the father did not give his consent and has not abandoned the child.and o The spo"se& if an#& of the person adoptin% or o The spo"se& if an#& of the person to be adopted. the latter’s written consent is enough. neither is the mere registration of the child in his birth certificate as the child of the supposed adopter a valid 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. no valid adoption without a court decree. WHOSE CONSENT IS NECESSARY TO THE ADOPTION. and only one of the adoptive parents died. After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption . o Provided. no new adoption is permissible during the lifetime of the surviving adopter. but legally separated and parental authority is judicially reposed in one. Requisites befo e ! "#ti#! t$e De% ee of A&o'tio# After the p"b ication of the order of hearin% has been comp ied with& and <o opposition has been interposed to the petition& and After consideration of the case st"dies& the +"a ifications of the adopter(s)& tria c"stod# report and the e!idence s"bmitted& The co"rt is con!inced that the petitioners are +"a ified to adopt& and that the adoption wo" d redo"nd to the best interest of the adoptee& 4 . That no proceedings shall be initiated within six (6) months from the time of death of said parent. • 3nder +omestic Adoption (aw.(DS8D) o The e%itimate and adopted sons(da"%hters& of the adopter(s) if an#. the written consent of the surviving parent suffices. 43. Sec. o The i e%itimate sons(da"%hters& of the adopter Ten (4C) #ears of a%e or o!er& )f i!in% with said adopter and the atterDs spo"se& if an#.
48B. T67 AD59T)5< 6AS T67 25LL58)<. o NOTE: Ching Leng vs Galang: Adoption does not confer on the adopted child the citizenship of the adopter. #t is political in nat!re on which the estate has an interest. 40. Le$"t"%a&#. the adopter cannot change the first name of the child. Su&&e''"!n. 4/. Parental Aut !r"t#. 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. 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. Art. • Although one of the effect of adoption is that the adoptee shall use the surname of his adopting parents. (3) The adopted sha remain an intestate heir of his parents and other b ood re ati!es. Legal or intestate succession to the estate o the a!o"te! shall #e go$erne! #% the ollo&ing rules' o Le%itimate and i e%itimate chi dren and descendants and the s"r!i!in% spo"se of the adopted sha inherit from the adopted& 5 . Sec.. THE DECREE SHALL STATE THE NAME BY WHICH THE CHILD IS TO BE KNOWN. Adoption sha ha!e the fo owin% effects: . To this end& the adoptee is entit ed to o!e& %"idance& and s"pport in *eepin% with the means of the fami #.. Sec... The first name is not affected by the decree of adoption. .cept in cases where the bio o%ica parent is the spo"se of the adopter& a e%a ties between the bio o%ica parent(s) and the adoptee sha be se!ered and the same sha then be !ested on the adopter(s). however. =<D7R T67 2A')L@ ?5D7: Art. Adoption is not recognized by law as a way of ac !iring citizenship. Adoption is civil in nat!re. 4BC. 48. there must be a separate action of change of name for that purpose. 6owe!er& if the adoptee and his(her bio o%ica parent(s) had eft a wi & the aw on testamentar# s"ccession sha %o!ern. Citizenship is a privilege" not a right. 7227?TS: Sec. 1ut the biological parents ceases to be the intestate heir of the adopted child. W$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.. )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.5 De% ee of A&o'tio#.. 7. .
being in the best interest of the child. However. Gr!un(' )!r Re'&"''"!n !) A(!*t"!n. 6 . shall not be subject to rescission by the adopter(s). NOTE: Adoption. 4B."a assa" t or !io ence. o o o 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 . 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$third b# the adopters8hen on # the adopters s"r!i!e& The# sha inherit the entire estate. o =pon petition of the adoptee& with the assistance of the Department if a minor or if o!er ei%hteen (48) #ears of a%e b"t is incapacitated& as %"ardian(co"nse & the adoption ma# be rescinded on an# of the fo owin% %ro"nds ?5'')TT7D A@ T67 AD59T7R(S): (a) Repeated ph#sica and !erba ma treatment b# the adopter(s) despite ha!in% "nder%one co"nse in% (b) Attempt on the ife of the adoptee (c) Se. the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. o The Adopter -annot 7escind the Adoption but can only disinherit the child. Sec.6 in accordance with the ordinar# r" es of e%a or intestate s"ccession8hen the parents& e%itimate or i e%itimate& or the e%itimate ascendants of the adopted conc"r with the adopter& The# sha di!ide the entire estate of the adopted chi d& • 5ne$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$ha f to be inherited b# the spo"se or the i e%itimate chi dren of the adopted and • The other ha f& b# the adopters.or (d) Abandonment and fai "re to comp # with parenta ob i%ations.and 8hen on # co atera b ood re ati!es of the adopted s"r!i!e& then the ordinar# r" es of e%a or intestate s"ccession sha app #.
The reciproca ri%hts and ob i%ations of the adopter(s) and the adoptee to each other sha be e. the following shall be sufficient causes for the disinheritance of children and descendants. E))e&t' !) Re'&"''"!n. if the accusation (inc&'de$ 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$ &$o covered. INTIMI+ATI N.'I-' T'! (A. T#e determin tion of (# t i$ m &tre tment i$ &eft to t#e di$cretion of t#e co'rt. by *ere di$o!edience i$ not )ro'nd *ere in)r tit'de or . Ac+'itt & doe$ not nece$$ ri&" me n )ro'nd&e$$ UNLESS t#e cc'$ tion i$ re &&" 'nfo'nded.N>I-TI N / A -7IM! . S"ccession ri%hts sha re!ert to its stat"s prior to adoption& b"t on # as of the date of . o • • . 9:9."dicia rescission. 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. or o Ascendants< • . 2C.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.N-31INA4! with the spouse of the testator< . 7+ the child or descendant< o o o 7 +!!+.hen a child or descendant 'A& 1!!N ."dice to the pena ties imposab e "nder the 9ena ?ode if the crimina acts are proper # pro!en.hen a child or descendant leads a dishonorable or disgraceful life< .hen a child or descendant 1$ /7A3+. *7!&-7I1!& IM*7I& NM!NT / 7 &I= $!A7& 7 M 7!.( & n) 't n) n &oo!. legitimate as well as illegitimate" • .N>I-T!+ / A+3(T!7$ 7 .i$ not )ro'nd. 2Adopter6 o 'is or her spouse. • • .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.7 Art. o +escendants.tin%"ished. A the fore%oin% effects of rescission of adoption sha be witho"t pre. Eested ri%hts ac+"ired prior to .IT' IT T'! *!NA(T$ / -I>I( INT!7+I-TI N. Sec."d%ment of . 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.hen a child or descendant 'A& A--3&!+ T'! T!&TAT 7 / A -7IM! / 7 ."dicia rescission sha be respected.'I-' -A77I!& . MA(T7!ATM!NT / T'! T!&TAT 7 1$ . • • A 7!/3&A( . 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$in#erited #eir. S)'=LAT)5< 52 A)RT6: 7 . >I (!N-!.
alien is the spouse of a /ilipino citi0en who see5s to jointly adopt with his spouse a relative within the fourth degree of consanguinity or affinity of the /ilipino spouse Inter/Co'ntr" Adoption Act 7esidency" Non.$ 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.-ountry Adoption 1oar to act as the central authority in matters relating to inter. 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(. 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 $outh .country adoption is in the best interest of the child. T. There are two laws which govern adoption. o The Inter.-ountry Adoption as the (ast 7esort" The 1oard shall ensure that all possibilities for adoption of the child under the /amily -ode have been e8hausted and that the inter. and the Inter.US No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. )"nall#. o 3nder +A(. That s"ch person comp ies with the proced"re as specified in Artic e )E of this Act and other re+"irements as determined b# the Department.-ountry Adoption Act.country adoption. • Administrative @ filing with the proper agency 2adoption board6 in the foreign country. In other words. o Inter. .elfare -ode.-ountry Adoption. A person who has& prior to the effecti!it# of this Act& sim" ated the birth of a chi d sha not be p"nished for s"ch act: o Pr!+"(e(& That the sim" ation of birth was made for the best interest of the chi d and o That he(she has been consistent # considered and treated b# that person as his(her own son(da"%hter: o Pr!+"(e(. there must first be a certification to the effect that the child is available for adoption. o 1asically premised on reciprocity o /ormer /ilipino and even alien can adopt in the *hilippines under this law. • ?udicial @ by filing with the proper court in the *hilippines. the +omestic Adoption Act. N T!& N A+ *TI N The law on Inter. RECTIFICATION OF SIMULATED BIRTHS. )urt er. o Adoption is both judicial and administrative. 22.ualifications of the adopter" Dome$tic Adoption Act 7esidency" /ilipino citi0en 7esident Alien 2resident for A years6 !8cept" :.resident alien /ilipino citi0en permanently residing in a foreign country $ .
In Inter. the adopters cannot identify a specific child to be adopted. former /ilipino citi0en who see5s to adopt a relative within the fourth degree of consanguinity or affinity A. If the biological parents can still perform their obligations.-ountry Adoption Act.country adoption. preference is given to domestic adoption.-ountry Adoption Act. it is the child placement agency or the +epartment of &ocial .country adoption. 'owever. In both the +omestic and Inter. the child shall be sent to the foreign country. unless the adopter is the biological parent of the adoptee. Is it possible to adopt a married personF 4enerally. said person has been considered and treated by the adopters as his or her own child b. B years of age. /or Inter. adoption of one’s own illegitimate child c. emotionally. unless the adopter is the biological parent of the adoptee.-ountry Adoption Act. /or inter.-ountry Adoption Act. it is the prospective adopters that institute the adoption proceedings. -an the parents by nature stop an adoption proceedingF $es. e8cept in the case of adoption of relatives. or the spouse of the adoptee’s parent No conviction of a crime involving moral turpitude /inancially. In +omestic Adoption Act. whether the child will fit in a certain family and environment. or the spouse of the adoptee’s parent No conviction of a crime involving moral turpitude /inancially. psychologically capable of caring for the child 4ood moral character At least BE years of age +iplomatic relations with the *hilippines 3nder the law. *rocedure for institution of judicial proceedings for adoption" • present )ualification for adoption • trial custody period @ period of assimilation.elfare and +evelopment that institutes the judicial proceedings for inter. the adopters can provide for a general criterion such as male or female. the person is of legal age and. adoption of the legitimate child of one’s spouse !//!-T . The law re)uires that the prospective adoptee is below :D 2domestic adoption6 or :G 2inter. he will then be matched for adoption under the Inter. they will be protected and adoption will not be considered. The e8ceptions are" a.% B. one who see5s to adopt the legitimate son or daughter of his or her /ilipino spouse :C years older than the adoptee. If no one will adopt the child under the +omestic Adoption Act. etc. 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." / A+ *TI N +oes it terminate the relationship e8isting between the biological parents and the childF % . prior to adoption. no. emotionally. the adoptee is a /ilipino child.country adoption6 years of age.
. 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. 1 T' spouses must join in the petition to adopt.ife in their family life.hat is terminated by adoption is not the blood relationship but the parental authority of the biological parents.says N H The incident too5 place when the child who 5illed was not yet under the parental authority of the adopting parents. . while playing with another child." ." -an the adopting parents be held liable for the acts of the child which happened before the petition for adoption was grantedF A" &. There is problem when it comes to 7!&!7>A T7 N-A(. It was no longer sufficient that the consent of the other spouses be ta5en or obtained. . D9:. Art. 'ence. accidentally 5illed his playmate. Tamargo -ase" the child. 1& . . a propositusF 21ugging . The ascendant who inherits from his descendant any property which the latter may have ac)uired by gratuitous title from another ascendant." . 3nder the /. . even a priest can adopt." May an unmarried person adoptF A" $esH The law does not re)uire that an adopting parent be married. 2&hot6 'e was then being petitioned to be adopted. and therefore not a petitioner.uestion6 The law is silent.1& A" NoH 1lood relationship remains and will continue to e8ist despite the child being adopted.is the descendant who received the property by gratuitous title. It is transferred to the adopting parent.hat is the purpose of 7eserva TroncalF A" To prevent property coming from one trun5Iline from passing to the other trun5. does it also ma5e the other spouse a petitionerF A" N H 'e was only giving his consent. Those who say $!& based their position on the argument that an adopted child is now considered the legitimate child of the adopter.hy is that consent necessaryF A" 1ecause if the petition is granted. . It is only the petitioner who will become the adopting parent. the adoptive parents were included as defendants in the case.@ as a rule." A" May an adopted child be a reserveeF . not the other spouse." nce the other spouse gives his consent to the petition to adopt. the child will be joining both the 'usband and the . or a brother or sister. the first receipint. The property is reserved to relatives of the source of the property *ropositus. The adoption proceedings continued and the court granted the same< thereafter. 7eservee. if the petitioner is married. . *arents of the dead boy went after parents of the live boy. is the recipient of the propositus. Their inclusion was based on the vicarious liability of the parents.
11 It is provided for by law that in case of a reservee. the right of the child to represent is only by implication. '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. not affinity. but must also be related to the originIsource. A reservee should not only be related to the propositus. Aligada" +espite what the law on adoption may provide at present. it is N T enough that heIshe be related to the propositus within the A rd degree. And in the absence of any jurisprudence. and the relation must be by consanguinity. The law re)uires double tie by consanguinity. 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 11 .
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