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Adoption Notes - Legal Forms
Adoption Notes - Legal Forms
Concept of adoption: Adoption is the process of making a child, whether related or not to the adopter,
possess in general, the rights accorded to a legitimate child.
Purpose of adoption: Promotion of the welfare of the child, and enhancement of his opportunities for a
useful and happy life.
DOMESTIC ADOPTION
Where to file: Family Court of the province or city where the prospective adoptive parents reside
Contents of petition (adopter is an alien): In addition to the contents required when the adopter is a
Filipino, the following must be alleged in the petition if the adopter is an alien:
(1) That his country has diplomatic relations with the Republic of the Philippines;
(2) That he has been certified by his diplomatic or consular office or any appropriate government
agency to have the legal capacity to adopt in his country and his government allows the adoptee
to enter his country as his adopted child and reside there permanently as an adopted child; and
(3) That he has been living in the Philippines for at least three (3) continuous years prior to the filing
of the petition and he maintains such residence until the adoption decree is entered.
It is important to state these in the title/caption of the petition. Failure to comply precludes the court
from acquiring jurisdiction over the subject matter and justifies its dismissal.
Publication requirement for order of hearing: At least once a week for three successive weeks in a
newspaper of general circulation in the province or city where the court is situated
When shall the hearing be set: Within six (6) months from the date of the issuance of the order setting
the case for hearing
INTER-COUNTRY ADOPTION
Who may file: Any qualified foreign national or Filipino citizen permanently residing abroad
Where to file: Family Court having jurisdiction over the place where the child resides or may be found. It
may be filed directly with the Inter-Country Adoption Board.