ween GR: Husband and wife shall jointly adopt.

esults Exceptions: (LIS)

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
8
illegitimate son/daughter: Provided, However, that
the other spouse has signified his/her consent
Court thereto; or
eside Note: If the child to be adopted is the illegitimate
Family spouse of the other spouse, spouses must adopt
sides jointly.
3. if the spouses are legally separated from each
other.

 Publication: 1 x 3
 Adopter cannot rescind adoption (for the best
y and interest of the child) but may disinherit the adoptee
under Art. 919, NCC.
 Venue for Rescission (by adoptee): Family Court
pable where the adoptee resides
 Grounds for Rescission (by adoptee) (RASA)
olving 1. Repeated physical and verbal maltreatment
by the adopter despite having undergone
counseling
or his
2. Attempt on the life of the adoptee
of the
3. Sexual assault or violence
4. Abandonment and failure to comply with
ptee parental obligations

ogical Inter-Country Adoption – procedure whereby foreign

nationals or Filipino citizens permanently residing abroad
se of can adopt a Filipino child who cannot be placed in a
foster or an adoptive family or cannot, in any suitable

 Where petition (verified) is filed: Family Court

where the child resides or may be found
PH - May be filed directly with the Inter-Country
e (3) Adoption Board (ICAB) in the country of the
of the prospective adopters
ntains
ee is  Only a child legally available for domestic
adoption may be the subject of inter-country
nsular adoption.
nment
pacity  “A child legally available for adoption” refers
to a child who has been voluntarily or involuntarily
tee to committed to DSWD or to a duly licensed and
opted accredited child-placing or child-caring agency,
freed of the parental authority of his biological
cation parents, or in case of rescission of adoption, his
guardian or adopter(s).
ks to
(4th)  The Court, after finding that the petition is
r sufficient in form and substance and a proper
imate case for inter-country adoption, shall immediately
se; or transmit the petition to the ICAB for appropriate
itizen action.
is/her
(4th)  A Petition for Judicial Recognition of a Foreign
of the Adoption Decree may be allowed in PH
- Absent any inconsistency with PH’s public
policy or adequate proof to repel judgment (ie.
er the Want of jurisdiction, want of notice, collusion,
rance fraud, clear mistake of law/fact), PH courts
should, by default, recognize the foreign
judgment as part of comity of nations. (Suzuki

Adoption – a juridical act which creates
between two persons a relationship similar to
that which results from legitimate paternity and
filiation.
RA 8552 – Domestic Adoption Act of
1998
 Jurisdiction and Venue
 Resident adoptive parents: Family
Court where the prospective adoptive
parents reside
 Non-resident adoptive parents:
Family Court where the prospective
adoptee resides (reason: res is located
therein)
 Who may adopt?
A. Filipino citizen (AIGE-MS-16)
1. Of legal age
2. In possession of full civil capacity
and legal rights
3. Of Good Moral Character
4. Emotionally and psychologically
capable of caring for children
5. Not convicted of any crime
involving moral turpitude
6. In a position to support and care
for his children in keeping with the
means of the family
7. At least 16 years older than the
adoptee
Exceptions:
a. When the adopter is the
biological parent of the
adoptee; or
b. When the adopter is the
spouse of the adoptee’s parent
B. Alien (AD3-CG)
1. Same qualifications as Filipinos
(AIGE-MS-16)
2. Country has diplomatic relations
with PH
3. Living in PH for at least three (3)
continuous years prior to the filing
of the application for adoption and
maintains such residence until
adoption decree is entered
4. 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
5. His/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter
Exceptions to the residency and
certification requirements:
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 son/daughter of his/her
Filipino spouse; or
c. 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
C. Guardian – with respect to the ward
after the termination of the
guardianship and clearance of his/her
financial accountabilities.
GR: Husband and wife shall jointly adopt.
Exceptions: (LIS)
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
Note: If the child to be adopted is the
illegitimate spouse of the other
spouse, spouses must adopt jointly.
3. if the spouses are legally separated
from each other.
 Publication: 1 x 3
 Adopter cannot rescind adoption (for the
best interest of the child) but may disinherit
the adoptee under Art. 919, NCC.
 Venue for Rescission (by adoptee):
Family Court where the adoptee resides
 Grounds for Rescission (by adoptee)
(RASA)
1. Repeated physical and verbal
maltreatment by the adopter
despite having undergone
counseling
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to
comply with parental obligations
Inter-Country Adoption – procedure
whereby foreign nationals or Filipino citizens
permanently residing abroad can adopt a
Filipino child who cannot be placed in a foster
or an adoptive family or cannot, in any suitable
manner, be cared in PH
 Where petition (verified) is filed: Family
Court where the child resides or may be
found
- May be filed directly with the Inter-
Country Adoption Board (ICAB) in the
country of the prospective adopters
 Only a child legally available for domestic
adoption may be the subject of inter-
country adoption.
 “A child legally available for adoption”
refers to a child who has been voluntarily
or involuntarily committed to DSWD or to a
duly licensed and accredited child-placing
or child-caring agency, freed of the
parental authority of his biological parents,
or in case of rescission of adoption, his
guardian or adopter(s).

 The Court, after finding that the petition is

sufficient in form and substance and a
proper case for inter-country adoption,
shall immediately transmit the petition to
the ICAB for appropriate action.

 A Petition for Judicial Recognition of a

Foreign Adoption Decree may be allowed
in PH
- Absent any inconsistency with PH’s
public policy or adequate proof to repel
judgment (ie. Want of jurisdiction, want
of notice, collusion, fraud, clear
mistake of law/fact), PH courts should,
by default, recognize the foreign
judgment as part of comity of nations.
(Suzuki v. OSG, GR No.
212302,09/2/2020)