ADOPTION

Preliminary Considerations
 Note: The provisions of the Rules of Court on Adoption
have been amended by the Domestic Adoption Act of
1998 and the Inter-country Adoption Act of 1995. Sec. 6
of Rule 99 was already amended by Administrative
Circular No. 03-04-04 while Sec. 7 of Rule 99 was
amended by Administrative Circular No. 02-1-19-SC.
 Effective August 22, 2002, there is a new Rule on
Adoption (Section 33, Administrative Matter No. 02-6-02-
SC).
Nature and concept of adoption:
 Adoption is a juridical act, a proceeding in rem, which
creates between two persons a relationship similar to
that which results from legitimate paternity and filiation
(Herrera, p. 317).
 Only an adoption made in pursuance with the
procedures laid down under A.M. No. 02-6-02-SC Rules
on Domestic and Inter-Country Adoption is valid in this
jurisdiction.
 Adoption is not an adversarial proceeding. There is no
particular defendant since the proceeding involves the
status of a person it being an action in rem (Herrera,
p.324).
Purpose of adoption:
 The promotion of the welfare of the child and the
enhancement of his opportunities for a useful and
happy life, and every intendment is sustained to
promote that objective (Daoang v, Court of Appeals,
G.R. No. L-34568, March 28, 1988).
 Adoption is strictly personal between the adopter and
the adopted (Teotico v. Del Val, G.R. No. L-18753, March
26, 1956).
 Adoption is a privilege, not innate or fundamental, but
rather a right created by statute. It is a privilege which is
governed by the state’s determination of what is for the
best welfare of the child (Lahum v. Sibulo, G.R. No.
143989, July 14, 2003).
Financial capacity:

 While petitioner claims that she has the financial support

and backing of her children and siblings, the ability to
support the adoptees is personal to the adopter, as
adoption only creates a legal relation between the
former and the latter (Landingin v. Republic of the
Philippines, G.R. No. 164948, 27 June 2006).
DOMESTIC ADOPTION ACT
 RA 8552 (Domestic Adoption Act) and the Rule on
Adoption govern the domestic adoption of Filipino
children.
 General Rule: Husband and wife shall adopt jointly
 Exceptions:
1) If one spouse seeks to adopt the legitimate child of
other
2) If one spouse seeks to adopt his own illegitimate child,
provided the other spouse has signified his/her consent
3) If spouses are legally separated [Sec. 7(c), RA 8552]
Who may adopt?
 (1) Any FILIPINO CITIZEN (regardless of where residing)
(a) of legal age
(b) at least sixteen (16) years older than the adoptee,
(may be waived when the adopter is the biological parent
of the adoptee, or is the spouse of the adoptee's parent)
(c) in possession of full civil capacity and legal rights,
(d) of good moral character, has not been convicted of
any crime involving moral turpitude, emotionally and
psychologically capable of caring for children,
(e) who is in a position to support and care for his/her
children in keeping with the means of the family.
 (2) Any ALIEN possessing the same qualifications as above
stated for Filipino nationals: Provided,
(a) that he/she has been living in the Philippines for at least three
 (3) continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption
decree is entered,
(b) that his/her country has diplomatic relations with the Republic
of the Philippines,
(c) 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
(d) that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter;
(e) that the requirements on residency and certification of the
alien's qualification to adopt in his/her 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 son/daughter of
his/her Filipino spouse; or
(iii) 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; or
 (3) The GUARDIAN with respect to the ward after the
termination of the guardianship and clearance of his/her
financial accountabilities. [Sec. 7]
When 16 year difference may be waived:
(1) If adopter is the biological parent of adoptee
(2) If adopter is the spouse of adoptee’s parent [Sec. 7]
 Who may be adopted?
(a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other
spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve
his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s) as
his/her own child 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). [Sec. 8]
Venue
 Petition for adoption shall be filed with Family Court of
the province or city where the prospective adoptive
parents reside [Sec. 6, Adoption Rule]
 RULES ON DOMESTIC ADOPTION
 Procedure for Domestic Adoption under RA 8552
Petition for Domestic Adoption

Order of Hearing by the court

Publication at least once a week for three consecutive weeks in newspaper of general
circulation in province or city where the court is situated. Court shall notify the Solicitor
General if the petition prays for a change of name

Child and Home Study Reports by the Social Worker

Hearing within six months from issuance of Order

Supervised Trial Custody for at least six (6) months

Adoption Decree issued by the court

Amendment of Birth Certificate

EFFECTS OF ADOPTION

 (1) PARENTAL AUTHORITY

 (2) LEGITIMACY
 (3) SUCCESSION
CONFIDENTIALITY OF ADOPTION
PROCEEDINGS
 All hearings in adoption cases, after compliance with
the jurisdictional requirements shall be confidential and
shall not be open to the public.
 RESCISSION OF ADOPTION
 Who may file: ADOPTEE
(1) Adoptee who is over 18 years of age
(2) If the adoptee is a minor, with the assistance of the DSWD
(3) If the adoptee is over 18 years of age but incapacitated, by his
guardian or counsel. [Sec. 19, RA 8552]
 Grounds: Committed by the adopter
(1) Repeated physical and verbal maltreatment 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.
 Where to file: Family Court of the city or province where
the adoptee resides. [Sec. 20, AR]

 When to file:
(1) Within 5 years after reaching age of majority
(2) If he was incompetent at the time of the adoption,
within 5 years after recovery from such incompetency.
[Sec. 21, AR]
EFFECTS OF RESCISSION OF ADOPTION
(1) RESTORATION OF PARENTAL AUTHORITY to original parent if
adoptee is a minor
(2) RECIPROCAL RIGHTS AND OBLIGATIONS of adopter and
adoptee are EXTINGUISHED
(3) CANCELLATION of amended birth certificate and RESTORE
ORIGINAL
(4) SUCCESSIONAL RIGHTS SHALL REVERT to its status PRIOR TO
ADOPTION, as of the date of final judgment of rescission
(5) VESTED RIGHTS shall be RESPECTED [Sec. 20, RA 8552]