GROUP 7 CRIM3-4

GAPIT, ANDRIEY NHOR

CALABIAS, CODY KANE M.
DAS-AO, JIMDEL BRENT
JUAN, JOVAN
ADOPTION
ADOPTION is defined as the process of making a child, whether related or not to the adopter,
possesses in general, the rights accorded to a legitimate child.
The philosophy behind adoption statutes is to promote the welfare of the child and every
reasonable intendment should be sustained to promote that objective.
THREE TYPES OF ADOPTION IN THE PHILIPPINES
1. AGENCY ADOPTION - a DSWD licensed agency finds adoptive families who are voluntarily
or involuntarily committed. The adoptive families go through the process from inquiry,
adoption, application, interviews for the case study report, matching and supervised trial
custody.
2. RELATIVE ADOPTION - the biological parents relinquish their child to a relative or
member of their extended family. The process is less rigorous since the family member does
not have to go through the matching and supervised trial custody.
3. INDEPENDENT ADOPTION - biological parents directly place their child with a person
they know or through an intermediary.
QUALIFICATIONS OF AN ADOPTER:
 The adopter must be a Filipino citizen
 He must be 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 (16) years older than the adoptee
 Who is in a position to support and care for his/her children in keeping with the means
of the family
THE FOLLOWING PERSONS MAY NOT ADOPT
a. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon termination of their guardianship status.
b. Any person who has been convicted of a crime involving moral turpitude
c. An alien, except:
1. A former Filipino citizen who seeks to adopt a relative by consanguinity.
2. One who seeks to adopt legitimate child of his or her Filipino spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse
a relative by consanguinity of the latter.
HUSBAND AND WIFE MUST JOINTLY ADOPT, EXCEPT IN FOLLOWING CASES:
a. When one spouse seeks to adopt his own illegitimate child
b. When one spouse seeks to adopt the legitimate child of the other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other,
joint parental authority shall be exercised.
Joint parental authority is exercised if the husband and wife jointly adopt and one spouse
adopts the legitimate child of the other. In case there is a disagreement in the exercise of such
joint parental authority, the father’s decision shall prevail, unless there is a judicial order to the
contrary.
The adoption may be rescinded based on any of the following grounds committed by the
adopter:

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 or failure to comply with parental obligations.

WHO MAY BE ADOPTED THE FOLLOWING MAY NOT BE

ADOPTED
a. Any person below eighteen (18) years a. A person of legal age, unless he or
of age who has been administratively she is the child by nature of the
or judicially declared available for adopter or his or her spouse, or prior
adoption; to the adoption, said person had been
b. The legitimate son/daughter of one consistently considered and treated
spouse by the other spouse; by the adopter as his or her child
c. An illegitimate son/daughter by a during minority;
qualified adopter to improve his/her b. An alien with whose government the
status to that of legitimacy; Republic of the Philippines has no
d. A person of legal age if, prior to the diplomatic relations;
adoption, said person has been c. A person who has already been
consistently considered and treated adopted unless such adoption has
by the adopter(s) as his/her own child been previously revoked or rescinded
since minority;
e. A child whose adoption has been
previously rescinded; or
f. 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).

WHOSE CONSENT IS NECESSARY TO THE ADOPTION?

The written consent of the following to the adoption is hereby required:

1. The adoptee, if ten (10) years of age or over;

2. 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;
3. The legitimate and adopted sons/daughters, ten (10) years of age or over, of the
adopter(s) and adoptee, if any;
4. The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living
with said adopter and the latter’s spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted.

EFFECTS OF ADOPTION
 For civil purposes, the adopted shall be deemed to be legitimate child of adopters and
both shall acquire the reciprocal rights and obligations arising from the relationship of
parents and child, including the right of the adopted to use the surname of the
adopters;
 The parental authority of the parents by nature over the adopted shall be terminated
and be vested in the adopters, except that if the adopter is the spouse of the parents by
nature of the adopted, parental authority shall be exercised jointly by both spouse;
 The adopted shall remain intestate heir of his parents and other blood relatives.
LEGITIME
a. The legitimate of each legitimate child is half of the parents state divide by the number
of children. The legitimate must always be given unless the child is validly disinherited
for a legal cause. The free portion of the property may also be given to the children to
any them.

b. If the child dies ahead of his father, the heir of the child can get the child’s legitimate
from the father’s estate in the testamentary succession.