AA DD O

O P
P T
T II O
O N
N
ADOPTION

By : APURADA, GUMBAN, NABATAR & YANONG

General Principles/
Considerations
➳ DOMESTIC ADOPTION
ACT 1998

➳ INTER-COUNTRY
ADOPTION ACT 1995

➳ NEW RULE ON ADOPTION

-AM NO. 02-6-12-SC
 ➲ Proceeding in rem which

GENERAL
GENERAL
creates between two persons a
relationship similar to that

PRINCIPLES/
PRINCIPLES/
which results from legitimate
paternity and filiation.

CONSIDERATIONS
CONSIDERATIONS
➲ Not an ADVERSARIAL
proceeding.

ADOPTION
 ➲ Purpose is to promote the

GENERAL
GENERAL
welfare of the child and
enhance the opportunity of a

PRINCIPLES/
PRINCIPLES/
useful, happy life.
(Daoang v CA, 28 March 1988)

CONSIDERATIONS
CONSIDERATIONS
➲ Strictly personal between the
adopter and the adopted

ADOPTION
GENERAL
GENERAL ➲ A privilege given by statute.

PRINCIPLES/
PRINCIPLES/
CONSIDERATIONS
CONSIDERATIONS ➲ All the sections of the laws
are designed to protect the
“best interest” of the child.

ADOPTION
 AM 02-6-02
AM 02-6-02 SC
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1. PETITION FOR DOMESTIC ADOPTION;

2. ORDER OF HEARING BY THE COURT;

3. CHILD AND HOME STUDY REPORTS BY ORDER OF

THE SOCIAL WORKER;
PROCEDURE IN
DOMESTIC
4. HEARING ON THE PETITION FOR
ADOPTION;

5. SUPERVISED TRIAL CUSTODY; and ADOPTION

6. ADOPTION DECREE ISSUED BY THE
COURT.
 WHO MAY ADOPT?
(SECTION 4)
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; who is
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 children in keeping with the
means of the family.
The requirement of a 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;
Any alien possessing the same qualifications

WHO MAY ADOPT?

as above-stated for Filipino nationals:
Provided, That his country has diplomatic

(SECTION 4)
relations with the Republic of the Philippines,
that he has been living in the Philippines for
at least three (3) continuous years prior to
the filing of the petition for adoption and
maintains such residence until the adoption
decree is entered, 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
that his government allows the adoptee to
enter his country as his adopted child.
 WHO MAY ADOPT?
(SECTION 4)
Provided, further, That the requirements on residency
and certification of the alien’s qualification to adopt in
his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of consanguinity
or affinity; or
(ii) one who seeks to adopt the legitimate child of his
Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks
to adopt jointly with his spouse a relative within the
fourth (4th) degree of consanguinity or affinity of the
Filipino spouse.
 AM 02-6-02
AM 02-6-02 SC
SC
The guardian with respect to the ward
after the termination of the guardianship
and clearance of his financial
accountability.
WHO MAY
• Husband and wife shall jointly adopt ADOPT?
(SECTION 4)
(GENERAL RULE)

except in the following cases:

(i) if one spouse seeks to adopt the
legitimate child of one spouse by
the other spouse; or
 AM 02-6-02
AM 02-6-02 SC
SC
(ii) if one spouse seeks to adopt his
own illegitimate child: Provided, WHO MAY
ADOPT?
however, That the other spouse has
signified his consent thereto; or

(iii) if the spouses are legally

(SECTION 4)
separated from each other.
 AM 02-6-02
AM 02-6-02 SC
SC
In case husband and wife
jointly adopt or one
spouse adopts the
WHO MAY
illegitimate child of the ADOPT?
other, joint parental (SECTION 4)
authority shall be
exercised by the spouses.
WHO MAY BE
ADOPTED? 
(SECTION 5)
WHO MAY BE ADOPTED?
(SECTION 5)

(1) Any person below eighteen (18) years of age who

has been voluntarily committed to the Department
under Articles 154, 155 and 156 of P.D. No. 603 or
judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other

spouse;

(3) An illegitimate child, by a qualified adopter to raise

the status of the former to that of legitimacy;
 WHO MAY BE
ADOPTED?
(SECTION 5)
(4) A person of legal age regardless of civil status, if, prior to the
adoption, said person has been consistently considered and
treated by the adopters as their own child since minority;

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

(6) A child whose biological or adoptive parents have died:

Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.

WHERE TO FILE? (Section 6)

THE PETITION SHALL

CERTIFICATION OF
Family Courts

BE INCLUDED A
NON-FORUM
CONTENTS OF THE PETITION (Section 7)

SHOPPING
They vary:
➺If the adopter is a Filipino Citizen:
➺If the adopter is an Alien:
➺If the adopter is the Legal Guardian of the
adoptee:
➺If the adopter is married, the spouse shall be
a co-petitioner for joint adoption (subject to
certain objections):
➺If the adoptee is a foundling:
➺If the petition prays the change of name:
(SECTION 8)
RECTIFICATION OF
SIMULATED BIRTH
Shall allege that:
(a) Petitioner is applying for rectification of
a simulated birth;
(b) The simulation of birth was made prior
to the date of effectivity of Republic Act No.
8552 and the application for rectification of
the birth registration and the petition for
adoption were filed within five years from
said date;
(c) The petitioner made the simulation of
birth for the best interests of the adoptee;
and
(d) The adoptee has been consistently
considered and treated by petitioner as his
own child.
 ➲ The Title or Caption must contain:

CHANGE
CHANGE (a) The registered name of the child;

OF
O
(b) Aliases or other names by which
the child has been known; and

NAME
NAME (c) The full name by which the child is
to be known.

(SECTION 10)
 (SECTION 11)
(SECTION 11)
1. Birth, Baptismal, or foundling
Certificate, school records
2. Affidavits of Consent
3. Child Study Report
4. If petitioner is an alien, the ANNEXES TO
certificate from the diplomatic or
consular office THE PETITION
5. Home study report on the
adopters
6. Decree of annulment or nullity,
if any.
Order of Hearing:

1. MUST BE PUBLISHED AT 2. AT THE DISCRETION OF THE

COURT, COPIES SHALL BE FURNISHED

LEAST ONCE A WEEK FOR
TO THE OSG, THRU THE PROVINCIAL
THREE SUCCESSIVE WEEKS;
OR CITY PROSECUTOR, THE DSWD

AND THE BIOLOGICAL PARENTS OF

THE ADOPTEE, IF KNOWN;

3. IF A CHANGE IN THE NAME 4. IF PETITION IS SUFFICIENT

OF THE ADOPTEE IS PRAYED IN SUBSTANCE AND FORM,

FOR, THE NOTICE TO THE THE COURT SHALL ISSUE AN

OSG SHALL BE MANDATORY; ORDER.

Necessity of the OSG?

For the protection of the

State
 HEARING
(SECTION 14)
•To be held within six months from the date of
issuance of order.
•EXCEPT: in case of change of name which must
not be held within four months from last
publication nor within thirty days prior to election
•Before issuance of decree of adoption, the court
shall give the adopter trial custody of the
adoptee for at least six months (Section 15)
•An Alien must complete the six months
(as a RULE)
 HEARING
(SECTION 14)
Except:
a) a former Filipino citizen who seeks to
adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
b) one who seeks to adopt the legitimate
child of his Filipino spouse; or
c) one who is married to a Filipino citizen
and seeks to adopt jointly with his or her
spouse the latter’s relative within the fourth
(4th) degree of consanguinity or affinity.
➳ DECREE OF ADOPTION (Section 16)
If the court is satisfied that the report presented
redounded to the benefit of the child, it shall issue a
decree of adoption. The decree shall take effect as
of the date of the filing of the original petition.

➳Book of Adoptions (Section 17)

➳Confidentiality of proceedings and records

(Section 18)
Rule: all adoption hearings shall be confidential and
shall not be open to the public.

Except:
for security reasons or for the best interest of the
child.
EFFECTS OF ADOPTION

1. ADOPTER WILL EXERCISE 2. ALL LEGAL TIES BETWEEN

BIOLOGICAL PARENTS AND THE

PARENTAL AUTHORITY;
ADOPTEE SHALL BE SEVERED,

EXCEPT WHEN THE BIOLOGICAL

PARENT IS THE SPOUSE OF THE

ADOPTER;

3. ADOPTEE SHALL BE 4.ADOPTER SHALL HAVE

CONSIDERED LEGITIMATE RECIPROCAL RIGHTS OF

CHILD OF THE ADOPTER FOR SUCCESSION WITHOUT

ALL INTENTS AND PURPOSES; DISTINCTION FROM

LEGITIMATE FILIATION.
 (SECTION 19)
(SECTION 19)
- Petition shall be verified, filed by the
adoptee who is over eighteen years of
age, or with the DSWD assistance if minor,
or over eighteen but incapacitated, by his
guardian or counsel RESCISSION OF
Grounds: THE ADOPTION
BY THE
1) repeated physical and verbal
maltreatment by the adopter despite

ADOPTEE
having undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply
with parental obligations.
Where?
(SECTION 19)
(SECTION 19)
FAMILY COURT where the adoptee resides
(Section 20)

When?
If incapacitated, within five years from
RESCISSION OF
reaching age of majority, or within five
years from recovery of such
THE ADOPTION
incompetency.
BY THE
Order to Answer: adverse party shall
order within fifteen days from receipt ADOPTEE
thereof.
(Section 22)
 (SECTION 19)
(SECTION 19)
IF the Court finds that the
allegations of the petition are
RESCISSION OF
true, it shall render judgment THE ADOPTION
BY THE
ordering the rescission of the
adoption. (Section 23)
ADOPTEE
 (SECTION 24)
(SECTION 24)
Certified true copy of the judgment
together with:

A certificate of finality issued by the

Branch Clerk of the Court which
rendered the decision shall be served
by petitioner upon the Civil Registrar SERVICE OF
concerned within thirty days from
receipt of finality. The latter shall enter JUDGMENT
it in the Register and submit proof of
compliance to the Court issuing the
decree and the Clerk of Court within
thirty days from receipt of decree.
PHILIPPINE LAWS ON
ADOPTION
➳ Republic Act 8552
(Domestic Adoption Act of 1998)

-is the governing law for Filipino Citizens adopting

another Filipino

➳ Republic Act 8043

(Inter-Country Adoption Act of 1995)

-Governs the adoption of Filipinos by foreigners or

Filipino citizen permanently residing abroad and is
implemented by the Inter-country Adoption Board
IT SHALL BE THE
POLICY OF THE STATE
TO:
• ensure that every child remains under the care and custody of
his/her parent(s) and be provided with love, care, understanding
and security towards the full and harmonious development of his/her
personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family
is available shall adoption by an unrelated person be considered.
• safeguard the biological parent(s) from making hurried decisions
to relinquish his/her parental authority over his/her child;
IT SHALL BE THE
POLICY OF THE STATE
TO:

• Prevent the child from unnecessary separation from his/her

biological parent(s);
• Protect adoptive parent(s) from attempts to disturb his/her
parental authority and custody over his/her adopted child.
• Encourage domestic adoption so as to preserve the child's identity
and culture in his/her native land, and only when this is not available
shall intercountry adoption be considered as a last resort.
TYPES OF ADOPTION
Agency Adoption

It is a process where a licensed adoption agency  finds and

develops adoptive families for children who are voluntarily or
involuntarily committed. Adoptive families should go through a
process under the auspices of the DSWD or a licensed Child
placing agency.

Relative adoption 

It is when the biological parents make a direct placement of the

child to a relative within the fourth (4th) degree of consanguinity
or affinity with whom they relinquish parental authority over their
child.
EFFECTS OF ADOPTION

1. SEVER ALL LEGAL TIES 3. GIVE ADOPTER AND ADOPTEE

RECIPROCAL RIGHTS AND

BETWEEN THE BIOLOGICAL
OBLIGATIONS ARISING FROM THE
PARENT(S) AND THE ADOPTEE,
RELATIONSHIP OF PARENT AND CHILD,
EXCEPT WHEN THE BIOLOGICAL
INCLUDING BUT NOT LIMITED TO;
PARENT IS THE SPOUSE OF THE
- THE RIGHT OF THE ADOPTER TO
ADOPTER;
CHOOSE THE NAME THE CHILD IS TO

BE KNOWN; AND

- THE RIGHT OF THE ADOPTER AND

2. DEEM THE ADOPTEE AS A
ADOPTEE TO BE LEGAL AND

LEGITIMATE CHILD OF THE COMPULSORY HEIRS OF EACH

ADOPTER; OTHER.

- RIGHT TO USE THE SURNAME OF

THE ADOPTER.
MAY THE ADOPTEE
INHERIT FROM THE
PARENTS OF THE
ADOPTER BY WAY OF
REPRESENTATION?

While it is true that the adopted child shall be

deemed to be a legitimate child and have the
same rights as the latter, these rights do not
include the right of representation. The
relationship created by the adoption is
between the adopting parents and the
adopted child and does not extend to the
blood relative of either party.
(Sayson vs. CA, GR 89224, January 23, 1992)
WHAT ARE THE BENEFITS
OF ADOPTION?
• It protects the legal interest of the child

•The adoptive parents shall, with respect

to the adopted child, enjoy all the
benefits to which biological parents are
entitled.

•Maternity and paternity benefits and

other benefits given to biological
parents upon the birth of a child shall be
enjoyed if the adoptee is below seven
(7) years of age as of the date the child
is placed with the adoptive parents thru
the Pre-Adoption Placement Authority
issued by the Department of Social
Welfare and Development.
 WHO MAY ADOPT?
A. ANY FILIPINO CITIZENS
• of legal age,
• In a position to care for his children (e.g. support, means to educate his
children, etc.)
•Emotionally and psychologically capable of caring for children
•Full civil capacity and legal rights to assume the duties incident to the
exercise of parental authority
•Good moral character
•Have not been convicted of any crime involving moral turpitude
(e.g.adultery, bigamy, abduction with consent, rape, forgery, etc)
•At least 16 years older than the adoptee, except if the adopter is the
biological parent of the adoptee or adopter is the spouse of adoptee’s
parents
•has undergone required pre-adaoption services
 WHO MAY ADOPT?
B. ANY FOREIGN NATIONAL
•Possesses same qualification as those enumerated for Filipino
Adopters
•His country has diplomatic relations with the Philippines
•Has been living in the Philippines for at least 3 continuous years prior to
the application for adoption and maintains such residence until
adoption decree has been entered.
- Except: He is a former Filipino who seeks to adopt a relative within
the 4th civil degree of consanguinity or affinity;
- He is married to a Filipino and seeks to adopt jointly with his spouse
a relative within the 4th degree of consanguinity or affinity.
- He is married to a Filipino and seeks to adopt the legitimate or
illegitimate child of his Filipino spouse.
 WHO MAY ADOPT?
B. ANY FOREIGN NATIONAL

• 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.
WHAT IF THE PERSON
SEEKING ADOPTION HAS
A SPOUSE?
Husband and wife shall jointly adopt except:
(i) if one spouse seeks to adopt the legitimate son/daughter of
the other; or
(ii) 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
(iii) if the spouses are legally separated from each other.

In case the husband and wife jointly adopt, or one spouse adopts
the illegitimate son or daughter of the other, joint parental authority
shall be exercised by the spouse.
 WHY
ADOPTION AND
NOT SIMULATION
OF BIRTH?
Adoption is a legal process, which creates
legal ties between the adopter and the
adoptee, in which the adopter becomes
the legal parents of the adoptee. While
simulation of birth, is an illegal practise
resorted to by the Filipinos and is
punishable by law
(Art. 347, RPC/Section 21 RA 8552 – Prision
Mayora
WHO MAY BE ADOPTED?

•Any person below 18 years of age who has been issued a

Certification Declaring a Child as Legally Available for
Adoption (CDCLAA);
•The legitimate son/daughter of one spouse by the other
spouse;
•An illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
•A person of legal age if, prior to the adoption, said person
has been consistently considered and treated by the
adopter as his/ her own child since minority;
•A child whose adoption has been previously rescinded;
•A child whose biological or adoptive parent/s has died.
Provided, that no proceeding shall be initiated within six
(6) months from the time of death of said parent/s;
➳ Republic Act 9523
-RA 9523 is applied only to surrendered, abandoned, neglected, and
dependent children who are subject to adoption, and is not applied for
those types of adoption that does not require certification declaring a
child legally available for adoption.

-Any of the following adoption proceedings in court does not require a

Certification Declaring a Child Legally Available for Adoption.

1. Adoption of an illegitimate child by any of his/her biological parent

2. Adoption of a child by his/her step-parent
3. Adoption of a child by a relative within the fourth (4th) degree of
consanguinity or affinity
WHO MUST
WHO MUST ➲ Adoptee, if 10 years of age and over;

GIVE
➲ Biological parents of the child, if known or

GIVE the legal guardian, or the proper

government instrumentality which has

WRITTEN
WRITTEN
legal custody of the child;
➲ The legitimate and adopted children

CONSENT TO
CONSENT TO
of the adopter and of the above adoptee,
if any who are 10 years of age or over;

ADOPTION?
➲ The illegitimate children of the adopter

ADOPTION? and of the adoptee, if any, who are 10

years of age or over; and
➲Spouse of the adopted, if married
➲Spouse of the adopter.
 Supervised Trial Custody. 

– No petition for adoption shall be finally

granted until the adopter(s) has been
given by the court a supervised trial
custody period for at least six (6) months
within which the parties are expected to
adjust psychologically and emotionally to
each other and establish a bonding
relationship. During said period,
temporary parental authority shall be
vested in the adopter(s). An alien adopter
must complete the 6 month trial custody.
 1. Home Study Report with the following supporting documents:

– Authenticated Birth Certificate, baptismal or founding

REQUIRED FOR
certificate, as the case may be, and school records showing the

DOCUMENTS
APPLICANTS
name, age and residence of the adoptee
– Marriage Certificate, if married or authenticated Divorce papers

FILIPINO
with copy of court decision and Certificate of Finality (for cases
of foreign PAPs) by their Consulate Annulment Decree with
Certificate of finality, Declaration of Nullity, or Legal Separation
Documents (for Filipino applicants), if any.
– Written Consent to the Adoption or affidavit to the same
executed by those required to give consent
– Physical and Medical Evaluation by a duly licensed physician
(Certification to indicate that applicant has no medical condition
that prevent him/her in acting or assuming parental
responsibilities.
– Psychological Evaluation Report (when appropriate). The
validity of the report will depend on the assessment of the
Psychologist.
– NBI or Police Clearance.
– Latest income tax or any other documents showing financial
capability

REQUIRED FOR
– Three (3) Character References

DOCUMENTS
APPLICANTS
– 3×5 inch sized photos of the applicants and his/her immediate
family members

FILIPINO
– Affidavit of Temporary Custody by a person or couple who will
take care of the child in untimely death or incapacity to perform
parental duties of the adopter.

2. Child study report on the adoptee and his biological parents.

3. Certificate of attendance to pre-adoption forum/seminar.

PROCEDURE
PROCEDURE
➧ PETITION MUST BE FILED ATTACHED WITH THE
FOREGOING QUALIFICATIONS AND REQUIREMENTS.
THEREAFTER COURT OF COMPETENT JURISDICTION
AFTER FINDING THE PETITION TO BE SUFFICIENT IN
FORM AND SUBSTANCE ON THE REQUIREMENTS OF
THE PETITION FOR ADOPTION, WILL ISSUE AN
ORDER FINDING THE PETITION TO BE SUFFICIENT IN
FORM AND SUBSTANCE.
➧ Upon satisfactory proof that the order of
hearing has been published and
jurisdictional requirements have been
complied with, the court shall proceed to
hear the petition;

➧ The petitioner and the adoptee shall

personally appear and testify before the
court;
➧ IN ALL PROCEEDINGS FOR ADOPTION, THE COURT
SHALL REQUIRE PROOF THAT THE BIOLOGICAL
PARENT(S) HAS BEEN PROPERLY COUNSELED TO
PREVENT HIM/HER FROM MAKING HURRIED
DECISIONS CAUSED BY STRAIN OR ANXIETY TO
GIVE UP THE CHILD, AND TO SUSTAIN THAT ALL
MEASURES TO STRENGTHEN THE FAMILY HAVE
BEEN EXHAUSTED AND THAT ANY PROLONGED
STAY OF THE CHILD IN HIS/HER OWN HOME WILL
BE INIMICAL TO HIS/HER WELFARE AND INTEREST.
(SECTION 10, RA 8552)
Case Study – No petition for adoption shall be set

for hearing unless a licensed social worker of the

Department, the social service office of the local

government unit, or any child-placing or child-caring

agency has made a case study of the adoptee,

his/her biological parent(s), as well as the

adopter(s), and has submitted the report and

recommendations on the matter to the court hearing

such petition. (Section 11 – RA 8552)

Decree of Adoption - If, after the publication of the order of
hearing has been complied with, and no opposition has been
interposed to the petition, and after consideration of the case
studies, the qualifications of the adopter(s), trial custody report
and the evidence submitted, the court is convinced that the
petitioners are qualified to adopt, and that the adoption would
redound to the best interest of the adoptee, 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. The decree shall
state the name by which the child is to be known. (Section 13 –
RA 8552)
CIVIL REGISTRY RECORD – AN AMENDED CERTIFICATE OF
BIRTH SHALL BE ISSUED BY THE CIVIL REGISTRY, AS
REQUIRED BY THE  RULES OF COURT, ATTESTING TO THE
FACT THAT THE ADOPTEE IS THE CHILD OF THE ADOPTER(S)
BY BEING REGISTERED WITH HIS/HER SURNAME. THE
ORIGINAL CERTIFICATE OF BIRTH SHALL BE
STAMPED  "CANCELLED"  WITH THE ANNOTATION OF THE
ISSUANCE OF AN AMENDED BIRTH CERTIFICATE IN ITS
PLACE AND SHALL BE SEALED IN THE CIVIL REGISTRY
RECORDS. THE NEW BIRTH CERTIFICATE TO BE ISSUED TO
THE ADOPTEE SHALL NOT BEAR ANY NOTATION THAT IT IS AN
AMENDED ISSUE. (SECTION 14 – RA 8552)
IF THE ADOPTEE IS A FOUNDLING, THE COURT SHALL ORDER
THE CIVIL REGISTRAR WHERE THE FOUNDLING WAS
REGISTERED, TO ANNOTATE THE DECREE OF ADOPTION ON
THE FOUNDLING CERTIFICATE AND A NEW BIRTH
CERTIFICATE SHALL BE ORDERED PREPARED BY THE CIVIL
REGISTRAR IN ACCORDANCE WITH THE DECREE.
CONFIDENTIAL NATURE OF PROCEEDINGS
AND RECORDS

– All hearings in adoption cases shall be confidential and shall

not be open to the public. All records, books, and papers relating
to the adoption cases in the files of the court, the Department, or
any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.

- If the court finds that the disclosure of the information to a third

person is necessary for purposes connected with or arising out
of the adoption and will be for the best interest of the adoptee,
the court may merit the necessary information to be released,
restricting the purposes for which it may be used – (Section 15
RA 8552)
 The unwed mother may adopt
MAY
MAY THE
THE UNWED
UNWED MOTHER
MOTHER her child in order to raise its
ADOPT
ADOPT HER
HER OWN
OWN CHILD?
CHILD? status as one of legitimate from
IS
IS THE
THE CONSENT
CONSENT OF
OF THE
THE that of illegitimate one. After
BIOLOGICAL
BIOLOGICAL FATHER
FATHER the adoption, the child will
exercise all the rights accorded
REQUIRED?
REQUIRED? to a legitimate child. The
consent of the biological father
is needed before a petition for
adoption may be filed in court
(section 9, RA 8552)
Yes, provided that they will
IF THE UNWED
adopt the child jointly. MOTHER
Subsequently, the
relationship between the
REMARRIES,
mother and the child will be MAY SHE STILL
converted into a legitimate ADOPT HER
CHILD?
one and the husband shall
acquire parental authority
over the child.
➧ X FILED A PETITION FOR ADOPTION OF THE THREE MINOR
CHILDREN OF HIS BROTHER. HE ALLEGED THAT WHEN HIS BROTHER
DIED, THE CHILDREN WERE LEFT TO THE CARE OF THEIR PATERNAL
GRANDMOTHER, WHO WENT TO ITALY. WHEN THE GRANDMOTHER
DIED, THE CARE PASSES TO HER WHICH LED TO HER FILING OF
PETITION, SUBSEQUENTLY ALL THE THREE CHILDREN GAVE THEIR
WRITTEN CONSENT. MAY THE DECREE OF ADOPTION BE GRANTED
DESPITE THE ABSENCE OF WRITTEN CONSENT OF THE MOTHER?

NO, THE WRITTEN CONSENT OF THE BIOLOGICAL PARENTS IS

INDISPENSABLE FOR THE VALIDITY OF THE DECREE OF ADOPTION.
INDEED, THE NATURAL RIGHT OF A PARENT TO HIS CHILD REQUIRES
THAT HIS CONSENT MUST BE OBTAINED BEFORE HIS PARENTAL
RIGHTS AND DUTIES MAY BE TERMINATED AND VESTED IN THE
ADOPTIVE PARENTS. (LANDINGIN VS. REPUBLIC, G.R. 164948, JUNE
27, 2006)
 HEARING
(SECTION 14)
Can adoption be rescinded?

Yes, provided that it was the adoptee who seeks for

the rescission. Adopter cannot rescind the adoption

anymore.

What can the adopter do?

The adopter may disinherit the adoptee.

 AM 02-6-02
AM 02-6-02 SC
SC
➺ Groundless accusation against the testator
of a crime punishable by 6 years
imprisonment;
➺ Found guilty of attempt against the life of
the testator, his / her spouse, descendants or
ascendants;

ORDER OF
➺ Causes the testator to make changes or
changes a testator’s will through violence,
intimidation, fraud, or undue influence;
➺ Maltreatment of the testator by word or
deed; PROCEDURE IN
➺ Conviction of a crime which carries a
penalty of civil interdiction; DOMESTIC
ADOPTION
➺ Adultery or concubinage with the testator’s
wife;
➺ Refusal without justifiable cause to support
the parent or ascendant; and
➺ Leads a dishonorable or disgraceful life.
Procedure
Procedure under
under
Procedure under
RA
RA 9523
RA 9523
9523
(An Act Requiring Certification of the Department of Social
Welfare and Development to Declare a Child Legally Available for
Adoption as a Prerequisite for Adoption Proceedings)
 PROCEDURE UNDER
1. File a petition to declare an abandoned, neglected, or
dependent child as legally available for in an affidavit form
subscribed and sworn to before a notary public. The Petition
shall be filed after but not less than three (3) continuous
months from the time of abandonment, neglect or

RA 9523
dependence of a child.

The Petition shall include the following documents:

a. Social Case Study Report;
b. Proof of efforts made to locate the parent(s) or any known
relatives of the child;
c. Birth certificate, if available
d. Most recent photograph of the child and photograph upon
abandonment or admission to the agency or institution.
 THE FOLLOWING CAN FILE A PETITION:

• HEAD OF A CHILD CARING AGENCY OR INSTITUTION MANAGED

BY THE NATIONAL GOVERNMENT OR LOCAL GOVERNMENT UNIT
• HEAD OR EXECUTIVE DIRECTOR OF A LICENSED OR
ACCREDITED CHILD-CARING OR CHILD PLACING AGENCY
• A PROVINCIAL, CITY, OR MUNICIPAL SOCIAL WELFARE AND
DEVELOPMENT OFFICER
 ➲ The Petition together with the complete
supporting documents shall be filed by the
petitioner with the regional office of the DSWD

WHERE TO
WHERE TO
where the child was found.
➲ In cases where the child was physically
transferred outside the region where the child was

FILE?
FILE?
found, the Head of the DSWD Center/Institution,
Child Caring/Placing Agency shall file the petition
with the DSWD Regional Office where the DSWD
Center/Institution, Child Caring Agency /Child
Placing Agency is located.
➲Said DSWD Regional Office shall forward the
notice of the petition to the DSWD Regional Office
of the region where the child was found.
The DSWD Regional Director
shall review the petition
and its supporting
documents to determine if it
is sufficient in form and
substance within three (3)
days from receipt of the
petition. A petition not
found to be sufficient in
form and substance shall
be returned to the petitioner
without prejudice to its
refiling.
➧ Upon receipt of the petition, the Regional Director shall order
immediate posting of notice of a petition.

➧The notice of the petition with a picture of the child shall be posted
for at least five (5) consecutive days in conspicuous places.

➧Certificate of posting shall be issued to the Regional Director by the

authority who caused the actual posting to ensure compliance of the
same.
➧The Regional Director shall render his/her recommendation on the
petition not later than five (5) working days after the completion of
posting.

➧The Regional Director shall forward his/her recommendation to the

Office of the Secretary within two (2) working days from the time
he/she signs the recommendation.

➧Upon finding merit in the petition, the Secretary or his/her duly

authorized representative shall issue a certification declaring the
child legally available for adoption within seven (7) working days
from the receipt of the recommendation.
 • Without prejudice to the filing of an
administrative or criminal case, including the
permanent revocation of the
license/accreditation to operate a child
caring/placing agency, the penalty of One
Hundred Thousand Pesos (P 100,000.00) to
Two Hundred Thousand (P 200,000.00) shall
be imposed on any person, institution, or
agency who shall place a child for adoption
without the DSWD certification declaring the
child legally free for adoption.

• Violation of any provision of this Act shall

PENALTY
subject the government official or employee
concerned to appropriate administrative, civil
and/or criminal sanctions, including
suspension and/or dismissal from the
government service and forfeiture of benefits.
 Republic Act No. 8043
The Inter-Country Adoption Act of 1995

"AN ACT ESTABLISHING THE RULES TO

GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER
PURPOSES"
 Article II, Section 4, R.A. No. 8043

There is hereby created the Inter-Country

THE
THE INTER-
INTER-
Adoption Board, hereinafter referred to as the
Board to act as the central authority in matters

COUNTRY
COUNTRY
relating to inter-country adoption. It shall act as
the policy-making body for purposes of carrying

ADOPTION
ADOPTION BOARD
BOARD
out the provisions of this Act, in consultation and
coordination with the Department, the different
child-care and placement agencies, adoptive
agencies, as well as non-governmental
organizations engaged in child-care and
placement activities.
 As such, it shall: from legitimate paternity and filiation.

➲Protect the Filipino child from abuse, exploitation, trafficking

and/or sale or any other practice in connection with
adoption which is harmful, detrimental, or prejudicial to the

THE
THE INTER-
INTER-
child;
➲Collect, maintain, and preserve confidential information
about the child and the adoptive parents;

COUNTRY
COUNTRY
➲Monitor, follow up, and facilitate completion of adoption of
the child through authorized and accredited agency;

ADOPTION
ADOPTION BOARD
BOARD
➲Prevent improper financial or other gain in connection with
an adoption and deter improper practices contrary to this
Act;
➲Promote the development of adoption services including
post-legal adoption;
➲License and accredit child-caring/placement agencies
and collaborate with them in the placement of Filipino
children;
➲Accredit and authorize foreign adoption agency in the
placement of Filipino children in their own country; and
➲Cancel the license to operate and blacklist the child-caring
and placement agency or adoptive agency involved from
the accreditation list of the Board upon a finding of violation
of any provision under this Act.
WHO MAY BE ADOPTED?
ARTICLE III, SECTION 8, R.A.
NO. 8043

Only a legally free child may be the subject of inter-

country adoption. In order that such child may be
considered for placement, the following documents
must be submitted to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
 INTER-
INTER-
COUNTRY
COUNTRY
ADOPTION
ADOPTION
PROCESS
PROCESS
➴ THE ADOPTION PROCESS BEGINS WITH THE APPLICATION FOR ADOPTION SUBMITTED TO THE ICAB.
➴THE PAP MAY BE AN ALIEN OR A FILIPINO CITIZEN PERMANENTLY RESIDING ABROAD.

BEFORE THE PAP MAY BE ALLOWED TO ADOPT, HE MUST:

1. BE AT LEAST TWENTY-SEVEN (27) YEARS OLD AND SHOULD AT LEAST BE SIXTEEN (16) YEARS OLDER
THAN THE CHILD TO BE ADOPTED AT THE TIME OF APPLICATION, UNLESS THE ADOPTER IS THE
BIOLOGICAL PARENT OF THE CHILD TO BE ADOPTED OR THE SPOUSE OF SUCH PARENT;
2. IF MARRIED, HIS/HER SPOUSE MUST JOINTLY FILE THE APPLICATION FOR ADOPTION;
3. HAVE THE CAPACITY TO ACT AND ASSUME ALL RIGHTS AND RESPONSIBILITIES OF PARENTAL
AUTHORITY UNDER HIS NATIONAL LAWS, AND HAS UNDERGONE THE APPROPRIATE COUNSELING
FROM AN ACCREDITED COUNSELOR IN HIS/HER COUNTRY;
4. HAVE NOT BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE;
5. ELIGIBLE TO ADOPT UNDER HIS/HER NATIONAL LAW;
6. IN A POSITION TO PROVIDE THE PROPER CARE AND SUPPORT AND TO GIVE MORAL GUIDANCE TO HIS
CHILDREN, THE PROSPECTIVE ADOPTEE INCLUDED;
7. AGREE TO UPHOLD THE BASIC RIGHTS OF THE CHILD AS EMBODIED UNDER THE 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 R.A. NO. 8043;
8. A NATIONAL OF A COUNTRY WITH WHOM THE PHILIPPINES MAINTAINS DIPLOMATIC RELATIONS AND
WHOSE GOVERNMENT MAINTAINS A SIMILARLY AUTHORIZED AND ACCREDITED AGENCY AND THAT
HIS/HER NATIONAL LAWS ALLOWS INTER-COUNTRY ADOPTION; AND
9. POSSESS ALL THE FOREGOING QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS PROVIDED
IN OTHER APPLICABLE PHILIPPINE LAWS.
➧ With respect to the adoptee, R.A. No. 9523
otherwise known as "An Act Requiring the
Certification of the Department of Social Welfare and
Development to Declare a Child Legally Available for
Adoption" mandates that only a child legally
available for adoption may be the subject of inter-
country adoption.

➧ A child LEGALLY AVAILABLE for adoption refers to a

child in whose favor a certification was issued by the
Department of Social Welfare and Development
(DSWD) that he/she is legally available for adoption
after the fact of abandonment or neglect has been
proven through the submission of pertinent
documents.
WHERE TO FILE
THE
APPLICATION
After securing the Certification from
the DSWD that the child is legally
available for adoption, the
petition/application may be filed in
(1) the Regional Trial Court having
jurisdiction over the child; or
(2) with the ICAB, through an
accredited intermediate agency in
the country of the prospective
adoptive parents.
FOREIGNERS WHO OPT TO FILE A PETITION FOR ADOPTION
IN COURT IN ACCORDANCE WITH THE DOMESTIC
ADOPTION ACT , NEED NOT SUBMIT THE APPLICATION TO
ICAB. THE COURT WILL REFER THE PETITION TO ICAB
WHICH SHALL ACT ON THE APPLICATION. FOREIGNERS
MUST MEET THE FOLLOWING CONDITIONS UNDER
PHILIPPINE ADOPTION LAW:

(1) the PAP must be a resident of the Philippines for

at least three (3) years prior to the filing of the
petition and should be able to maintain such
residence until the adoption decree is granted by
the court; and
(2) submit a certification of legal capacity to adopt
issued by the appropriate government agency from
the state of residence.
THE
ADOPTION
PROCESS
➧ The ICAB is expected to act upon the application within one (1) month from its
receipt. Documents such as the Child Study and Home Study Reports, Birth or
Foundling Certificate, Certification from the DSWD that the child is legally available
for adoption must be submitted together with the application. Applications are
reviewed and processed only when the required documents are completely
submitted.

➧ Matching the prospective adoptive child with an applicant shall thereafter be

carried out in a matching conference conducted by the ICAB. The process of
matching entails the review of adoption dossiers, submission of matching proposals,
and deliberations. Matching or child referral will depend largely on the stated child
preference of the PAP. This usually takes two (2) to three (3) years after the approval
of the matching proposal.

➧ Upon approval of a matching proposal, notice shall be given to the concerned

Central Authority or foreign adoption agency. After the applicant has accepted the
matching proposal, the ICAB shall issue a Placement Authority. The applicant is
thereafter assessed for pre-adoptive placement fees which may range anywhere
between US$2000 to US$3000 per placement. The amount varies from one child to
another. Factors such as visa fees and medical examinations contribute to the
variance in fees.
Trial custody of the child commences upon
PROBLEM AREAS
the physical transfer of the child to the
applicant who, as custodian, shall exercise
substitute parental authority over the child.
Trial custody is supervised by the Central
Authority and/or Foreign Adoption Agency
(FAA) concerned. Regular reports on the
child's health, psycho-social adjustment, and
relationship with the applicants shall be
furnished by the FAA to the ICAB. If the child
suffers abuse or injury from the PAP or other
household members of the adoptive family,
the Central Authority or the FAA is mandated
to step in and protect the child. It may do so
by withdrawing the child from and terminating
the trial custody.
BEST INTEREST OF THE
CHILD ABOVE ALL ELSE
THANK
YOU