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DOMESTIC ADOPTION Adoption - The act of one who takes anothers child into his own family, treating

him as his own, and giving him all the rights and duties of his own child. (Blacks Law Dictionary) Nature of Adoption Proceedings:

1. Adoption proceedings has until recently always been judicial. But R.A. 9523 has
amended certain provisions in R.A. 8552 and 8043. Under R.A. 9523, surrendered, abandoned, neglected, and dependent children, need only to be declared so by the DSWD instead of having to be declared judicially as such. This shortens the period, for example, of having to be declared an abandoned child to a maximum of three months instead of the previous minimum of six months.

2. No mere agreement between adopter and adoptee or fact that the child has been treated
by the adopter as his own for several years can establish a valid adoption. 3. No mere registration of the child in his birth certificate as the child of the supposed adopters can be considered a valid adoption. (Handbook on the Family Code of the Phil., Sempio-Diy) Sources of Philippine laws on Adoption through the years:

1. Presidential Decree 603 - The Youth and Child Welfare Code, Title II, Chapter 1, Section
B Marcos Administration

2. Executive Order 209 - The Family Code - Cory Aquino Administration 3. Republic Act 8043 Inter-Country Adoption Act of 1995 Ramos Administration 4. Republic Act 8552 - Domestic Adoption Act of 1998 Estrada Administration 5. Republic Act 9523 An Act Requiring Certification of the Department of Social Welfare
and Development (DSWD) to Declare a Child Legally Available for Adoption a Prerequisite for Adoption Proceedings. Arroyo Administration Major Differences: P.D. 603 (15 Articles) Age difference between adopter and adoptee = 15 yrs. Enumerated but couched in the negative, i.e. Those who may not be adopted Adoptee is 14 yrs or over, Natural children of adopter if 14 yrs or over Family Code (10 Articles) Age difference between adopter and adoptee = 16 yrs. Same with P.D. 603 R.A. 8552 (8 Articles) Same with Family Code Positively Enumerated

Qualifications (Adopter) Qualifications (Adoptee)

Consent Necessary

Hurried Decisions Provision Case Study Provision Trial Custody Provision Procedures

Present Present Present Rules of Court

Adoptee if 10 yrs or over, Legitimate children of adopter if 10 yrs. or over, Added: Illegitimate children of adopter if 10 yrs. or over living with him, Spouse of adoptee, if married, Spouse of adopter Not included Not included Not included Rules of Court

Same with Family Code, except Spouse of adopter is deleted

Present Present Present Rules of Court except

Decree of Adoption Provision Civil Registry Provision Confidential Nature of Proceedings and Records Provision Effects of Adoption Rescission

Present Present Present Parental Authority, Legitimacy, Succession Only adopter and adoptee are enumerated who may file for rescission on specific circumstances and grounds.

Not included Not included Not included Same Only Adoptee or any other interested person except the adopter may file for rescission on specific circumstances and grounds.

for cases of surrendered, abandoned, neglected, and dependent children, where the amendments set forth in R.A. 9523 will take effect. Present Present Present Same Only Adoptee or any other interested person except the adopter may file for rescission on specific circumstances and grounds, but adopter may disinherit adoptee for causes enumerated in Art. 919 of the Civil Code.

REPUBLIC ACT NO. 8552 An Act establishing the rules and policies on the domestic adoption of Filipino children and for other purposes Domestic Adoption Act of 1998

Republic Act 8552, otherwise known as the Domestic Adoption Act of 1998 is enacted to serve as the governing law in all matters of custody, care and adoption of a child. Having the childs welfare as paramount condition, it expressly provides herein that the State shall ensure that the child remains under the care of his/her parents and domestic adoption is only a secondary option with inter-country adoption as last in consideration. A consolidation of Senate Bill No. 1523 and House Bill 10378 Passed by Congress on February 13, 1998 Approved on the 25th of February, 1998 Published in the Official Gazette Vol. 94, No. 28

ARTICLE I General Provisions SECTION 1. Short Title.- This Act shall be known as the "Domestic Adoption Act of 1998."

The right to create the relationship of parent and child between persons who generally are not related by nature exists only by virtue of a statute providing for adoption (2 Am. Jur.2d, Adoption @1). Hence, adoption is PURELY A STATUTROY CREATION. All statutory requirements for adoption must be met, and where a court issues an adoption decree despite the fact that all said requirements are not met, such decree is a nullity (In re OKeefe, 164 Misc 473 {1937}). (Persons and Family Relations Law, 5th ed. Sta. Maria)

SEC. 2. Declaration of Policies.a) It is hereby declared the policy of the State to ensure that every child remains under the care 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. b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption. Towards this end, the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned or abandoned. c) (i) (ii) (iii) It shall also be a State policy to: Safeguard the biological parent(s) from making hurried decisions to Prevent the child from unnecessary separation from his/her biological Protect adoptive parent(s) from attempts to disturb his/her parental Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited childplacing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child; (iv) (v) Conduct public information and educational campaigns to promote a Ensure that sufficient capacity exists within government and private sector positive environment for adoption; agencies to handle adoption inquiries, process domestic adoption applications, and offer adoption-related services including but not limited to, parent preparation and post-adoption education and counseling; and

relinquish his/her parental authority over his/her own child; parent(s); authority and custody over his/her adopted child.

(vi)

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.
This is in keeping with Sections 12 and 13, Article II of the Constitution, where the State recognizes the importance of and its duties to protect the sanctity of the family and the youth in its role in nation building. That in the unfortunate cases of those children, abused, neglected, surrendered and dependent, then the State provides a recourse for which those children may best be afforded their inherent and constitutionally granted rights enumerated in the Civil and Family Code. In addition, this act is also in accordance with several international instruments which the Philippines is a signatory of, in the belief that the protection of children and their rights is an paramount duty shared by all nations and individuals, and that the creation of these instruments signifies their dedication and cooperation to insure that children and their rights are adequately safeguarded. International Instruments: 1. United Nations (UN) Convention on the Rights of the Child 2. UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally 3. Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

SEC. 3. Definition of Terms.- For purposes of this Act, the following terms shall be defined as: a) b) "Child" is a person below eighteen (18) years of age. "A child legally available for adoption" refers to a child who has been

voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. c) d) "Voluntarily committed child" is one whose parent(s) knowingly and "Involuntarily committed child" is one whose parent(s), known or unknown, substantial, continuous, or repeated neglect; abuse; or willingly relinquishes parental authority to the Department. has been permanently and judicially deprived of parental authority due to abandonment; e) incompetence to discharge parental responsibilities. "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such. f) "Supervised trial custody" is a period of time within which a social worker overseas the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. g) "Department" refers to the Department of Social Welfare and Development.

h)

"Child-placing agency" is a duly licensed and accredited agency by the

Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study. i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24) hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children.
Examples: 1. Holt International

2. The Haven for Children 3. SOS Childrens Village

4. Elsie Gaches Village

j)

"Simulation of birth" 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. Sources: 1. www.lawphil.net 2. www.aijc.com 3. www.chanrobles.com 4. Handbook on the Family Code of the Phil. By Alicia Sempio-Diy 5. The Family Relations Law, 1991 ed. By Melecio Sta. Maria