Who may adopt (FC 183 v Art. III, Sec.

7)

1. 2. 3. 4. 5. 6.

Family Code person of age (18) in possession of fully civil capacity & legal rts in a position to support & care for his kids in keeping w/means of the family at least 16yrs older than person to be adopted when adopter is parent by nature or sp of legitimate parent of person to be adopted sps jointly/married person w/consent of sp except: a. when 1 seeks to adopt his own illegit child b. when 1 sp seeks to adopt the legit child of other not disqualified under FC 184

Aliens (FC 184-3)

Alien is 1. 2. 3.

not allowed to adopt except: fmr Fil citizen who seeks to adopt a relative by consanguinity 1 who seeks to adopt legit child of his Fil sp 1 who’s married to a Fil citizen & seeks to adopt jointly w/his sp a relative by consanguinity of latter

RA 8552 Filipino citizen a. of legal age (18)* b. in possession of full civil capacity & legal rts* c. in a position to support & care for his/her kids in keeping w/means of the family* d. at least 16 yrs older than adoptee except when adopter is biological parent or is the sp of the adoptee’s parent (sufficient maturity to approximate natural filiation)* e. not been convicted of any crime involving moral turpitude (morally qualified; must convicted; pardon won’t remove conviction)* [FC 184-2] f. emotionally & psychologically capable of caring for kids (don’t allow rich to adopt if they’re too old/physically weak to take care of & rear kids. If he wants to leave all his wealth to kid, can be done by will) g. those w/children of their own h. single or married w/consent of sp Alien allowed to adopt w/same qualifications as Fil citizens w/ following conditions: 1. his country has diplomatic relations w/ RP 2. living in the Phil for at least 3yrs prior to filing until decree’s entered 3. certified by his diplomatic/consular office or any appropriate agency that he has leg capacity to adopt in his country 4. his gov’t allows adoptee to enter his country as his adopted child 5. conditions may be waived for ff: 1.

a.
b.

former Filipino citizen seeks to adopt relative w/in 4th degree of consanguinity/affinity one who seeks to adopt legitimate child of his/her Filipino sp*

Adoption by husband & wife (FC 185 & 186)

1. 2.

H & W must jointly adopt except: a. when 1 sp seeks to adopt his own illegit child b. when 1 sp seeks to adopt legit child of the other in case sps jointly adopt or 1 sp adopts legit child of other, joint parental authority shall be exercised in accordance w/FC

one who’s married to a Fil citizen & seeks to adopt jointly w/his sp a relative w/in 4th degree of consanguinity/affinity of the Filipino sp 1. sps shall jointly adopt except: a. if 1 sp seeks to adopt legit child of other* b. if 1 sp seeks to adopt his own illegit child w/consent of other sp c. sps are legally separated 2. in case sps jointly adopt or 1 sp adopts illegit child of other, joint parental authority shall be exercised by sps (why illegit? There’s only one adopter in this case) guardian WRT ward after termination of guardianship & clearance of his financial accountabilities May be adopted: 1. below 18 (adult is old enough to take care of himself.

c.

Adoption by guardian (FC 184-1) Who may be adopted (prohibition in FC 187 v

Guardian WRT ward after approval of final accounts rendered upon termination of guardianship relations May not be adopted: 1. person of leg age unless child by nature of adopter or his sp

Sec. 8) 2. 3.

or prior to adoption said person had been continuously considered & treated by adopter as his own child during minority alien whose gov’t the RP has no diplomatic relations person who’s already been adopted unless adoption’s been revoked or rescinded (w/drawn or annulled)

Consents necessary to adoption (FC 188 v Sec. 9)

Needs written consent: 1. person to be adopted if 10 yrs or above 2. biological parents, leg guardian/proper gov’t instrumentality 3. legit & adopted kids, 10 yrs or above, of adopting parent/s 4. illegit kids, 10 yrs or above of adopting parent if living w/said parent & latter’s sp if any 5. sp if any of person adopting or to be adopted

Effects (FC 189)

1.

Succession (FC 190 v Sec. 18)

Civ purposes: legit child of adopter/s & both shall acquire reciprocal rts & oblig arising fr relationship of parent & child including rt of adopted to use surname of adopters 2. parental authority of biological parents terminated & vested in adopters except if adopter is sp of parent by nature of adopted, parental authority over adopted shall be exercised jointly by both sps 3. adopted child shall remain an intestate heir of biological parents & other blood relatives Legit/intestate succession to estate of adopted shall be governed by ff rules: (1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;

Sharing of mat’l adv may be done by will or by simply giving. Adoption ratio: give poor, orphaned or abandoned little children adv & blessings of parents who’d love, support, rear & educate them until they’re old enough to take care of themselves) who has been administratively/judicially declared available for adoption (voluntarily or involuntarily committed to DSWD or duly licensed & accredited child-placing/child-rearing agency freed fr parental authority of his/her biological parent/s or guardian or adopter/s in case of recission) 2. legit child of one sp by the other sp 3. illegit child by qualified adopter to improve child’s status to that of legitimacy 4. person of leg age if prior to adoption, said person has been consistently considered & treated by adopters as his own since minority 5. child who’s adoption has been previously rescinded 6. child whose biological/adoptive parent/s has died provided that no proceedings shall be initiated w/in 6mos fr time of death of said parent Needs written consent to be presented during hearing of petition; need not be pub document: 1. adoptee if 10 yrs or over* 2. biological parents of child if known or leg guardian or proper gov’t instrumentality w/c has leg custody of kid* (not needed if parent’s been deprived by court of parental authority over child; mom if child’s illegit) 3. legit & adopted kids, 10 yrs or over, of adopter/s & adoptee if any 4. illegit kids, 10 yrs or above if living w/adopter & latter’s sp if any* 5. sp if any of person adopting or to be adopted* age limit used to be 14 but now reduced to 10 considering that such kids already have sufficient discernment to decide WON they like to be adopted by another person. Reason: avoid emotional & psychological damage & preserve harmony & happiness in family & avoid conflict at home. 1. parental authority: leg ties bet biological parents & adoptee severed & vested on adopters except if biological parent is other sp of adopter (Sec. 16)* 2. status: legit kid of adopter for all intents & purposes & is entitled to all rts & oblig provided by law to legit kids born to them w/o discrimination.* Adoptee’s entitled to love, guidance, & support in keeping w/means of family (Sec. 17) Successional rts: leg & intestate succession, adopter/s & adoptee shall have reciprocal rts w/o distinction fr legit filiation. If adoptee & his biological parent/s left a will, law on testamentary succession shall govern (not sure if this repealed FC 190)

Recission (FC 190 & 191 vs. Sec. 19)

1.

2.

Effects of Rescission (FC

1.

(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters; (3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters. (4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters; (5) When only the adopters survive, they shall inherit the entire estate; and (6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply. By adoptee: a. minor/incapacitated: judicially rescinded upon petition of anyone authorized by court/proper gov’t instrumentality acting on his behalf on same grounds for loss/suspension of parental authority (see FC 229-232) b. at least 18: child may petition for judicial rescission same grounds for disinheriting ascendants (adopter abandoned adopted or induced adopted daughter to live corrupt/immoral life or attempted against her virtue; adopter’s convicted of attempt vs life of adopted or his/her sp or descendants; adopter falsely accused adopted of crime w/penalty of 6yrs or more imprisonment; adopter’s convicted of adultery/concubinage w/sp of adopted; adopter loses parental authority; adopter refuses to support adopted w/o just cause; adopter makes an attempt on life his sp who’s also an adopting parent (from CC 920) By adopter thru judicial rescission in any of ff causes: a. adopted committed any act constituting ground for disinheriting descendant (CC 919 – conviction of attempt against life of testator or his/her sp, descendants or ascendants; accused testator of crime punishable by 6 yrs or more imprisonment, if accusation has been found groundless; conviction of adultery/concubinage w/sp of testator; caused testator to make a will or change one already made by fraud, violence, intimidation or undue influence; refusal w/o just cause to support testator; maltreatment of testator by word/deed; living dishonorable/disgraceful life; conviction of crime w/c carries penalty of civ interdiction b. adopted has abandoned home of adopters during minority for at least 1 yr or by some other acts, has definitely repudiated adoption minor at time of judicial rescission, court shall reinstate parental

Upon petition of adoptee or if minor/incapacitated w/DSWD assistance may be rescinded on following causes committed by adopter: 1. repeated physical & verbal maltreatment despite having undergone counselling 2. attempt on life of adoptee 3. sexual assault or violence 4. abandonment & failure to comply w/parental obligations adopter/s not allowed to rescind since adoption’s in the best interest of the child. May disinherit adoptee for causes under CC 919.

1.

Minor/incapacitated: restore parental authority of

193 v. Sec. 20) 2. 3. 4. 5.

authority of biological parents unless disqualified/incapacitated wherein court shall appoint guardian (same proceedings) physically/mentally handicapped: court shall appoint guardian (same proceedings) extinguish all reciprocal rts & oblig bet adopters & adopted rising fr relationship of parent & child adopted loses rt to use adopter/s’ surname & resume using surname prior to adoption court order amendment of records in proper registries

2. 3. 4. 5.

biological parents/leg custody of DSWD Reciprocal rts & oblig of adopter/s & adoptee to each other shall be extinguished* Court order Civ Registrar to cancel amended birth cert of adoptee & restore orig one* succession rts: revert to prior status but only as of date of judgment of judicial rescission. Vested rts prior to judgment shall be respected. w/o prejudice to penalties if crim’l acts are proven

Additional provisions of RA 8552: 1. Crime of simulation of birth (Sec. 21)  Intended to curb/prevent such acts done by people who want to avoid trouble & expenses of jud’l adoption to simply register adopted child in their names  Any person who causes fictitious registration of birth of child under name/s of person/s not his/her biological parent/s  Punishable by prision mayor medium + fine not exceeding P50k  Includes physician/nurse/hospital personnel who cooperated in execution of crime, similar penalties apply + permanent disqualification 2. Rectification of simulated birth (Sec. 22) – not punished if:  such was made for best interest of child  he/she has been consistently considered & treated by the person as his/her own son/daughter  application for correction of birth reg & petition for adoption filed w/in 5yrs from effectivity of act & completed thereafter  person complies w/procedures specified in Art. IV & other requirements determined by DSWD

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