March 12, 2019

Via email.

Mrs. Lina King

Cebu City

Dear Mrs. King,

I am writing this letter to you to provide for the information needed regarding
your plan to adopt a child. Based on the memorandum, I have understood that the
pertinent facts are as follows:

You, Lina King, are married to an American citizen named Franklin King. Your
friend Ana asked you to adopt her child because she can no longer afford to take care of
another child for she was jobless and already had seven children. Sometime in October
15, 2018, you paid all the expenses in the hospital and gave Ana and the child their
needs. Upon discharge in the hospital, you asked your mother to take care of the child
until you came home and took care of said child. You were advised by the social worker
to undergo the process of adoption and the birth certificate of the child was registered
under the real parents of the child. The real parents were not in any way related to you
and were willing to give their consent in the adoption of their child.

As provided under Section 7 of Republic Act No. 8552 (RA 8552) also known as
the “Domestic Adoption Act of 1998”, the following may adopt:
“(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude, emotionally and psychologically capable of caring for children,
at least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his/her children in keeping with the means of the family.
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;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for at
least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, 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 that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter.”

These are the qualification needed for the adoptive parent(s). The husband and wife
shall jointly adopt so that the parental authority shall be exercised by the spouses.

Also under Section 9(b) of RA 8552, the consent necessary to the adoption in this
case is “The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child”.

Simulation of birth as defined in the said law is  is the tampering of the civil registry
making it appear in the birth records that a certain child was born to a person who is not
his/her biological mother, causing such child to lose his/her true identity and status.
Simulation of birth is punishable under Section 21 of RA 8552.

In adoption, the main concern is the best interest of the child. Republic Act No. 8552
provided the requirements and process in adopting a child. It also punishes any person
who will commit the act of simulation of birth and other related acts stated in said law.
Republic Act No. 8552 is provided and applied particularly to your situation.

Sincerely,

Reyes, Rochelle Ann P.

Paralegal