The Domestic Adoption Act and Inter-Country

Adoption Act of the Philippines

On

The Adoption of Persons of Legal Age

Submitted to:

Atty. Sharon Tenefrancia-Carolino

Submitted by:

BUCANG, Rizza Mae M.

CHALUYEN, Rochelle
DOMINGO, Patricia
ILAGAN, Angelyn
MALAGA, Sam
ROBLES, Amarra A.

SECTION 1-C
 Adoption, as defined by the Department of Social Welfare and Development of

the Philippines, is the socio-legal process of providing a permanent family to a child

whose parents have voluntarily or involuntarily relinquished parental authority over the

child.

Children all around the world referred to under adoption are sociologically

referred to as victims of abandonment, neglect or abuse. The Department of Social

Welfare and Development has further discussed this principle:

“Adoption is for children who cannot be reared by their biological parents and

who need and can benefit from new and permanent family ties. Adoption provides the

same mutual rights and obligations that exist between children and their biological

parents. It comprises of social work and other professional services that are required in

the placement of children in adoptive families. Children whose parents are either absent

or unable to function as parents require the protection of the State. Protection of the

child requires sufficient study to make certain that the placement is suitable and present

no hazard to the child’s growth and development. The State through the Department of

Social Welfare and Development has a concern in every adoption including those by

stepparents and relatives.”

This research deals with the issue on whether or not persons of legal age may be

adopted under the Domestic Adoption Act and the Inter-Country Adoption Act. Both

statutes are inclusive of the same objectives, particularly to ensure that every child

remains under the care and custody of his parents and is provided with love, care,

understanding and security for the full and harmonious development of his personality,
and likewise to prevent child trafficking and abduction of Children, pursuant to the

United Nations Conventions of the rights of the child and on the Hague Convention.

A. DOMESTIC ADOPTION ACT

In the Philippines, persons of legal age may be adopted in accordance with

Republic Act No. 8552 (An Act Establishing the Rules and Policies on the Domestic

Adoption of Filipino Children and Other Purposes), otherwise known as “Domestic

Adoption Act of 1998”. As provided in Section 8 of the said Act, the following may be

adopted:

(a) Any person below eighteen (18) years of age who has been administratively or

judicially declared available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that

of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been

consistently considered and treated by the adopter(s) as his/her own child since

minority;

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no

proceedings shall be initiated within six (6) months from the time of death of said

parent(s).
 There are several requirements for one to adopt. These are enumerated under

Sections 7 to 11 of the same Act. The fundamental requirements, however, for a person

of legal age to be adopted are the following:

1. The child to be adopted is the illegitimate child of the adopter;

2. The adoptee is the legitimate child of his/her spouse;

3. The child has been consistently treated as a child of the adopter since minority.

As a general rule, only minors may be adopted. Those above mentioned are the

only exceptions to such rule.

To further discuss this, it is inherently deliberated under the case of In Re: Petition

for Adoption of Michelle P. Lim, Monina P. Lim / In Re: Petition for Adoption of

Michael Jude P. Lim, Monina P. Lim, that a person of legal age may be adopted. While

it is true that there is a different issue in this case, it still mentions compliance with the

said regulation herein discussed.

“Petitioner is an optometrist by profession. On 23 June 1974, she married Primo

Lim. They were childless. Minor children, whose parents were unknown, were
entrusted to them by a certain Lucia Ayuban. Being so eager to have a child of their
own, petitioner and Lim registered the children to make it appear that they were the
children’s parents. The children were named Michelle P. Lim and Michael Jude P. Lim.
Michelle was barely eleven days old and Michael was 11 days old when they were
brought to the clinic of petitioner.
The spouses reared and cared for the children as if they were their own. They
used the surname “Lim” in all their school records and documents. Unfortunately,
on 28 November 1998, Primo died. On 27 December 2000, petitioner married Angel
Olario (Olario), an American citizen.
Thereafter, petitioner decided to adopt the children by availing of the amnesty
given under Republic Act No. 8552 to those individuals who simulated the birth of a child.
Thus, on 24 April 2002, petitioner filed separate petitions for the adoption of Michelle and
Michael before the trial court. At the time of the filing of the petitions for adoption, Michelle
was 25 years old and already married, while Michael was 18 years and seven
months old.”
 In this case, the petitioner and Lim had reared and cared for the children ever since

they were minors. They even registered them so as to appear as if they were their real

children. It was only when the children reached the age of majority that the petitioner filed

for a decree of adoption. If it were not for the absence of a joint adoption of the petitioner

and her new husband, they would have been legally allowed to adopt said children.

To imply additional information on the adoption of persons of legal age,

approximately 25 States of the United States and the District of Columbia also allow the

adoption of any person, regardless of age. Colorado, Rhode Island, American Samoa,

and the Northern Mariana Islands allow parties to petition the court for the adoption of

persons over age 18 but under age 21. Nevada specifies that the adult to be adopted

must be younger than the adoptive parent, and West Virginia’s statutes state that the

adopting parent must be a resident of that State to adopt an adult.

Alabama permits adoption of adults only if the person to be adopted is

permanently and totally disabled or mentally retarded. Ohio allows adoption of an

adult only when the person to be adopted is permanently disabled or mentally retarded

or is a stepchild or foster child with whom the relationship was established while

the child was a minor.

Idaho, Illinois, and South Dakota require that the adopting parent be in a

sustained parental relationship for a specified time, ranging from 6 months to 2

years, with the adult to be adopted. Virginia allows the adoption of an adult stepchild,

niece, or nephew, as long as the adopted person resided in the home for at least 3

months prior to reaching adulthood and is at least 15 years younger than the

adopting parent.
 The most common reason to adopt an adult is for inheritance purposes. In this

case, adult adoption allows someone to leave property or financial assets to the adopted

individual more easily. The second reason, almost as common, is to formalize an existing

parent/child relationship. Finally, adult adoptions often occur to provide perpetual care for

an adult who has a diminished capacity or disability. Such adult adoptions can assume

responsibility for a mentally retarded or challenged individual or someone who is

physically disabled. Through the adoption process, one adult can become the responsible

party and decision maker for another adult's care.

Interestingly, adult adoptions are not always granted. Many are rejected because

of a preexisting sexual relationship between the two parties, preventing same sex couples

from gaining rights over one another. Since the courts are formalizing the relationship of

parent and child; hence, any sexual relationship will prohibit the adoption.

Age differences might also can halt a proposed adult adoption. In most states,

restrictions exist that require the adopting party to be older than the person adopted.

Any suspected fraud will stop an adult adoption in its tracks. Fraud - alleged or real - could

include someone asking a wealthy individual to adopt him or her in order to inherit

property. If the adopting party doesn't fully consent or understand the act, the courts will

likely suspect fraud. Fraud can also relate to insurance, property, or marital issues.
 B. INTER-COUNTRY ADOPTION ACT

Inter-country adoption refers to the socio-legal process of adopting a Filipino

child by a foreigner or a Filipino citizen permanently residing abroad where the petition

is filed, the supervised trial custody is undertaken, and the decree of adoption is issued

outside the Philippines. This ac was promulgated in accordance with the relevant

provisions of Republic Act No. 8552 otherwise known as the Domestic Adoption Act of

1998 and the provisions of The Hague Convention on Protection of Children and

Cooperation in Respect of Inter-Country Adoption as well as the United Nations

Convention on the Rights of the Child to govern the Rules and Regulations of the

adoption of a Filipino child abroad.

To deal with the issue on hand, under this act, persons of legal age cannot be

adopted. Expressly stated, only children below fifteen (15) years of age may be

adopted:

“SECTION 26. WHO MAY BE ADOPTED.- Any child who has been voluntarily or

involuntarily committed to the Department as dependent, abandoned or neglected

pursuant to the provisions of the Child and Youth Welfare Code may be the subject of

Inter-Country Adoption; Provided that in the case of a child who is voluntarily committed,

the physical transfer of said child shall be made not earlier than six (6) months from the

date of execution of the Deed of Voluntary Commitment by the child’s biological

parent/s or guardian. Provided further, however, that this prohibition against physical

transfer shall not apply to children being adopted by a relative or to children with special

medical conditions.”
 The term “child” as defined under Article 2 (Definition of Terms) of the said act

states:

“Child” shall refer to a Filipino child below fifteen (15) years of age who can be
legally adopted;

Absolute Sentencia Expositore Non Indigent. When the language of the law is

clear, no explanation of it is required. The Inter-Country Adoption Act of the Philippines

is primarily governed by the Hague Convention. The Hague Convention is an

international agreement to safeguard inter-country adoptions. Concluded on May 29,

1993 in The Hague, the Netherlands, the Convention establishes international

standards of practices for inter-country adoptions. The United States signed the

Convention in 1994, and the Convention entered into force for the United States on April

1, 2008. Read the full text of the Convention. The Convention applies to all adoptions by

U.S. citizens habitually resided in the United States of children habitually resided in any

country outside of the United States that is a party to the Convention, including the

Philippines.

Since the Philippines is a party to the Hague Convention, and in accordance to

Section 2, Article 2 of the 1987 Philippine Constitution, the former shall be directed

under the latter’s rules and procedures. Inter-country adoptions are governed by three

different sets of laws: U.S. federal law, the laws of the prospective adoptive child's

country of origin, and the laws of your U.S. state of residence. A child who habitually

resides in a country that is a party to the Hague Convention on Protection of Children

and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention),

must qualify as a Convention adoptee under U.S. immigration law in order to immigrate
 to the United States through inter-country adoption. There are five primary elements to

the Convention adoptee classification. In addition to other applicable country-specific

requirements, all of the following must be true for a child to be eligible for the

Convention adoptee classification:

1. The child is under the age of 16 at the time Form I-800 is filed on his or her behalf
(taking into account special rules on filing dates for children aged 15-16), or the child is
under the age of 18 and is a sibling of a child (under the age of 16) who has been or will
be adopted by the same adoptive parents;
2. The child will be adopted by a married U.S. citizen and spouse jointly or by an
unmarried U.S. citizen at least 25 years of age, habitually resident in the United States,
whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the
intent of creating a legal parent-child relationship. (Note: at this stage, the child must not
have been adopted yet);
3. The Central Authority of the child’s country of origin has determined that the child is
eligible for inter-country adoption and has proposed an adoption placement which has
been accepted, and the child has not yet been adopted or been placed in the custody of
the prospective adoptive parents;
4. The child's birth parents (or parent, if the child has a sole or surviving parent), or other
legal custodian, individuals, or entities whose consent is necessary for adoption have
freely given their written, irrevocable consent to the termination of their legal relationship
with the child and to the child's emigration and adoption; and
5. If the child's last legal custodians were two living birth parents who signed the
irrevocable consent to adoption, those parents must be incapable of providing proper
care for the child.

As mandated, The Inter-Country Adoption Act adopted these requirements with

some minor amendments. The important fact here is that it is clear that the Convention

Adoptee must be below 16 years of age. Under the Child Citizenship Act, It is important

to ensure that the adopted child becomes a U.S. citizen. If the parent postpones

documenting or obtaining the child's citizenship, he or she may have difficulty getting

college scholarships, working legally, voting, and enjoying other rights and privileges. In

some cases, the child might even be subject to deportation. Furthermore, The Child

Citizenship Act of 2000 was designed to make acquisition of U.S. citizenship easier and
to eliminate extra steps and costs. Under the Child Citizenship Act, children adopted

abroad automatically acquire U.S. citizenship if:

 At least one of the child's parents is a U.S. citizen;

 The child is under 18;
 The child lives in the legal and physical custody of the American citizen parent;
 The child is admitted into the United States as an immigrant for lawful permanent
residence; and
 The adoption is final.

With this, it is indeed IMPORTANT that the child be under the age of majority so

as to apply him/her for U.S. Citizenship to enjoy the rights and privileges of the same.

Deportation is highly indicative in this case that is why the parents must ensure that the

process of child citizenship is properly followed. To further support this cause:

“Adoptees Not Qualified under the Child Citizenship Act

Children who were 18 or older on February 27, 2001, did NOT acquire U.S.
citizenship under the Child Citizenship Act. In recent years, many adoptees have found
that although they were legally adopted and have been U.S. residents for most of their
lives, they do not hold U.S. citizenship. Many discovered this as young adults when
applying for jobs, registering to vote, applying for a U.S. passport, or, unfortunately,
when getting into trouble with the law and facing deportation to a country they no longer
call home. The reasons vary, but the fact remains that many adoptees are considered to
be foreign-born, non-citizens and do not even know it.”

In a nutshell, both of these acts provide for the same obligations of nurturing

children and the family. As in accordance with Sections 12 and 13 of Article II of the

Philippine Constitution, the best interest of the child shall always be taken into

consideration. Adoption is a very sensitive provision of the law that aims to prevent high

crimes of abuse, abandonment and neglect of children. The age requirement provides for

further development of protection not only for the children but also for the whole family as

our basic social institution.

REFERENCES:

http://www.lawphil.net/statutes/repacts/ra1998/ra_8552_1998.html
http://salongacenter.org/2011/09/adoption/
https://www.childwelfare.gov/systemwide/laws_policies/statutes/parties.pdf
https://www.legalzoom.com/articles/can-you-legally-adopt-an-adult
http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/168992-93.htm
http://www.dswd.gov.ph/faqs/local-adoption-requirements-and-procedures/
http://www.chanrobles.com/ruleonadoption.html#.VCID3fmSyFA
http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/acquiring-us-
citizenship-for-your-child.html
http://travel.state.gov/content/adoptionsabroad/en/adoption-process/how-to-adopt/who-
can-be-adopted.html
http://www.icab.gov.ph/download/RAIRR/RA%208043%20and%20Implementing%20Ru
les%20and%20Regulation%20of%20RA8043/Amended%20IRR%208043.pdf
http://www.pcw.gov.ph/law/republic-act-8043