ADOPTION

RA 8043
RA 8552
FAMILY CODE INTER-COUNTRY ADOPTION
DOMESTIC ADOPTION ACT
August 3, 1988 ACT
Approved: February 25, 1998
Approved: June 7, 1995

WHO MAY ADOPT

A person of age and in possession of
full civil capacity and legal rights,
provided:
1. He is in a position to support and
care for his children, legitimate or
illegitimate, in keeping with the
means of the family.
1. In general—
Any alien or a Filipino citizen Any Filipino citizen or alien or guardian
permanently residing abroad: with respect to the ward.
1. At least 27 y.o. and at least 16 For Filipino:
years older than the child to be
adopted at the time of the 1. Of legal age, in possession of full civil
application , unless the adopter capacity and legal rights, of good
is the parent; moral character.

2. At least 6 years older than the 2.
person to be adopted, unless the
adopter is:
a. The parent by nature of the 3.
adopted;
b. The spouse of the legitimate
parent of the person to be
adopted.
Has not been convicted of a crime
involving moral turpitude
if married, his/her spouse must 2.
jointly file for the adoption;
has the capacity to act and 3.
assume all rights and
responsibilities of parental
authority under his national 4.
laws, and has undergone the
appropriate counseling from an
accredited counselor in his/her
country;
Not been convicted of any crime
involving moral turpitude.
Emotionally and psychologically
capable of caring for the children.
At least 16 years older than the
adoptee, unless the adopter is:
a. biological parent of the adoptee;
b. spouse of the adoptee’s parent

4. has not been convicted of a

crime involving moral turpitude;

5. is eligible to adopt under his/her

national law;

6. is in a position to provide the

proper care and support and to
give the necessary moral values
and example to all his children,
including the child to be
adopted;

7. agrees to uphold the basic rights

of the child as embodied under
Philippine laws, the U.N.
Convention on the Rights of the
Child, and to abide by the rules
and regulations issued to
implement the provisions of this
Act;

8. comes from a country with

whom the Philippines has
diplomatic relations and whose
government maintains a
similarly authorized and
 accredited agency and that
adoption is allowed under
his/her national laws; and

9. possesses all the qualifications

and none of the disqualifications
provided herein and in other
applicable Philippine laws.
2. If Aliens—
NOT qualified UNLESS: QUALIFIED QUALIFIED but should possess the same
a. A former Filipino citizen who qualifications as Filipinos.
seeks to adopt a relative by
consanguinity; In addition:
1. His/Her country has diplomatic
b. One seeking to adopt the relations with the Republic of the
legitimate child of his/her Philippines;
Filipino spouse;
2. That he/she has been living in the
If one is married to a Filipino citizen Philippines for at least three (3)
and seeks to adopt jointly with his continuous years prior to the filing of
spouse a relative by consanguinity of the application for adoption and
the latter. maintains such residence until the
adoption decree is entered;

3. That he/she has been certified by

his/her diplomatic or consular office
or any appropriate government
agency that he/she has the legal
capacity to adopt in his/her country;
and

4. That his/her government allows the

adoptee to enter his/her country as
his/her adopted son/daughter.

Exceptions to the residency requirement

as well as certification of alien’s
qualification:

1. a former Filipino citizen who seeks to

adopt a relative within the fourth
(4th) degree of consanguinity or
affinity; or

2. one who seeks to adopt the

legitimate son/daughter of his/her
Filipino spouse; or

3. one who is married to a Filipino

citizen and seeks to adopt jointly with
his/her spouse a relative within the
fourth (4th) degree of consanguinity
or affinity of the Filipino spouse; or
3. Guardians with respect to their wards—
ALLOWED but only after the approval SILENT Only after the termination of the
of the final accounts rendered upon guardianship and clearance of his
the termination of their guardianship financial accountabilities.
relation.
1. Minors may be adopted except:
a. Child by nature of adopter or
his/her spouse; or
b. Prior to the adoption, said
person had been consistently
treated by the adopter as his
own child during minority
2. An Alien with whose government the
RP has diplomatic relations;
3. An adopted child whose adoption
had been previously revoked or
rescinded.
ADOPTION BY HUSBAND AND WIFE; Rules
MUST JOINTLY ADOPT, except:
1. When the spouse seeks to adopt
his own illegitimate child;
2. When one spouse seeks to adopt
the legitimate child of the other;
In case husband and wife jointly adopt
or one spouse adopts the legitimate
child of the other, joint parental
authority shall be exercised by the
spouses.
1. The person to be adopted, if 10
years or over;
2. Parents by nature of the child, or
legal guardian, or proper
WHO MAY BE ADOPTED
Only a LEGALLY FREE child.
Legally free child: Below 15 years
old unless sooner emancipated by
law, voluntarily or involuntarily
committed to DSWD in accordance 2.
with the CYWC.
Must jointly file for adoption. MUST JOINTLY ADOPT, except:
CONSENT IN WRITING
For the biological or adopted 1.
children above 10 years of age, the
written consent must be in the form 2.
of a sworn statement.
1. Any person below eighteen (18) years
of age who has been administratively
or judicially declared available for
adoption;
The legitimate son/daughter of one
spouse by the other spouse;
3. An illegitimate son/daughter by a
qualified adopter to improve his/her
status to that of legitimacy;
4. 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;
5. A child whose adoption has been
previously rescinded; or
6. 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).
1. If one spouse seeks to adopt the
legitimate son/daughter of the other;
or
2. If one spouse seeks to adopt his/her
own illegitimate son/daughter:
Provided, However, that the other
spouse has signified his/her consent
thereto; or
3. If the spouses are legally 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.
The adoptee, if 10 years or over;
Biological parents of the child, if
known, or the legal guardian, or the
proper government instrumentality
 government entity;
3. Legitimate and adopted children,
10 years or over, of adopter;
4. Illegitimate children, 10 years or
over, of adopter, if living with said
parent and the latter’s spouse, if
any;
5. Spouse, if any, of the adopter or
adopted.
Family Court (RTC)
1. For civil purposes, the adopted
shall be deemed the legitimate
child of the adopters, and both
shall acquire the reciprocal
obligations arising from the
relationship of parent and child,
including the right to use the
surname of the adopters;
2. Parental authority of parents by
nature over the adopted shall
terminate and be vested in the
adopters, except that if the
adopter is the spouse of the parent
by nature of the adopted, parental
authority over the adopted shall
be exercised jointly by both
spouses;
3. The adopted shall remain a n
intestate heir of his parents and
other blood relatives;
If the adopter dies prior to the decision
of the adoption, the status of the
petition is dismissed.
Either the adopted or the adopter may
rescind the adoption.
which has legal custody of the child;
3. Legitimate or adopted children, 10
years or over, of the adopter, if living
with said adopter and the latter’s
spouse;
4. Spouse, if any, of the person adopting
or to be adopted.
VENUE
Either Philippine RTC (Family Court) Family Court (RTC)
having jurisdiction over the child; or
Inter-Country Adoption Board,
through an intermediate agency,
whether governmental or an
authorized and credited agency in
the country of the prospective
adoptive parents.
EFFECTS OF ADOPTION
SILENT 1. Except in cases where the biological
parent is the spouse of the adopter,
all legal ties between the biological
parent(s) and the adoptee shall be
severed and the same shall then be
vested on the adopter(s).
2. The adoptee shall be considered the
legitimate son/daughter of the
adopter(s) for all intents and
purposes and as such is entitled to all
the rights and obligations provided by
law to legitimate sons/daughters
born to them without discrimination
of any kind;
3. In legal and intestate succession, the
adopter(s) and the adoptee shall
have reciprocal rights of succession
without distinction from legitimate
filiation;
4. if the adoptee and his/her biological
parent(s) had left a will, the law on
testamentary succession shall govern.
RESCISSION
Rescission of the Decree of Adoption
SILENT Only the adoptee may ask for rescission.
Adoption, being in the best interest of the

Grounds for Rescission
SILENT SILENT
Effects of Rescission
Effects of Adoption shall be effective SILENT
only upon issuance of decree of
adoption and the entry in the civil
registry.
OTHERS
No child shall be matched to a
foreign adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally.
child, shall not be subject to rescission by
the adopter. However, the adopter may
disinherit the adoptee
Upon petition of the adoptee, with the
assistance of the Department if a minor or
if over eighteen (18) years of age but is
incapacitated, as guardian/counsel:
1. Repeated physical and verbal
maltreatment by the adopter(s)
despite having undergone
counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to
comply with parental obligations.
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.
1. The parental authority of the
adoptee's biological parent(s), if
known, or the legal custody of the
Department shall be restored if the
adoptee is still a minor or
incapacitated.
2. The reciprocal rights and obligations
of the adopter(s) and the adoptee to
each other shall be extinguished.
3. The court shall order the Civil
Registrar to cancel the amended
certificate of birth of the adoptee and
restore his/her original birth
certificate.
4. Succession rights shall revert to its
status prior to adoption, but only as
of the date of judgment of judicial
rescission. Vested rights acquired
prior to judicial rescission shall be
respected.
Supervised trial custody period for at least
six (6) months. The court may motu
proprio or upon motion of any party
reduce the trial period if it finds the same

The adoptive parents, or any one of
them, shall personally fetch the child
in the Philippines.
The government agency or the
authorized and accredited agency in
the country of the adoptive parents
which filed the application for the
inter-country adoption shall be
responsible for the trial custody and
care of the child.
The trial custody shall be for a
period of 6 months from the time of
placement.
It is only after the lapse of the period
of the trial custody shall a decree of
adoption be issued n the said
country.
to be in the best interest of the adoptee,
stating the reasons for the reduction of
the period.
For alien adopter(s), he/she must
complete the six (6)-month trial custody
except for those exempted from
presenting residency requirements, as
well as certification of alien’s
qualification.
A decree of adoption shall be entered
which shall be effective as of the date the
original petition was filed. This provision
shall also apply in case the petitioner(s)
dies before the issuance of the decree of
adoption to protect the interest of the
adoptee.
No binding commitment to an adoption
plan shall be permitted before the birth of
his/her child.
An amended certificate of birth shall be
issued by the Civil Registry. The original
certificate of birth shall be stamped
"cancelled" with the annotation of the
issuance of an amended birth certificate
in its place. The new birth certificate to be
issued to the adoptee shall not bear any
notation that it is an amended issue.