Domestic Adoption

R.A. No. 8552

A.M. No. 02-6-02-SC
Rule on Adoption Sections 1-25

Lyka L. Pascua
Adoption

It 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.
Objectives

1. Designed to provide homes, parental care and

education for unfortunate, needy or orphaned
children and give them the protection of
society and family.

2. To allow childless couples or persons to

experience the joys of parenthood and give
them legally a child in the person of the
adopted.
Who may adopt?

1. Any Filipino citizen:

a. of legal age,
b. in possession of full civil capacity and legal rights,
c. of good moral character,
d. has not been convicted of any crime involving moral
turpitude,
e. emotionally and psychologically capable of caring for
children,
f. at least sixteen (16) years older than the adoptee, and
g. who is in a position to support and care for his/her
children in keeping with the means of the family.
Who may adopt?
The requirement of sixteen (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
The spouse of the adoptee's parent.
Who may adopt?
2. Any alien
a. Possessing the same qualifications as above stated for Filipino
nationals.
b. His/her country has diplomatic relations with the Republic of the
Philippines.
c. 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.
d. He/she has been certified by his/her diplomatic or consular office
or any appropriate government agency
e. He/she has the legal capacity to adopt in his/her country.
f. Hiss/her government allows the adoptee to enter his/her country
as his/her adopted son/daughter:
Who may adopt?
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.
Who may adopt?

3. The guardian with respect to the ward after the

termination of the guardianship and clearance
of his/her financial accountabilities.
Who May Be Adopted?

The following may be adopted:

1. Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
2. The legitimate son/daughter of one spouse by the other
spouse;
3. An illegitimate son/daughter by a qualified adopter to improve
his/her status to that of legitimacy;
4. 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;
5. A child whose adoption has been previously rescinded; or
6. 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).
Joint Adoption

Husband and wife shall jointly adopt, except in the following cases:

(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 husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority
shall be exercised by the spouses.
Whose Consent is Necessary to the Adoption

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.
5. The spouse, if any, of the person adopting or to be
adopted.
Venue

Family Court of the province or city where the

prospective adoptive parents reside.
Procedure

1. A lawyer prepares the petition for the person/s who

wants to adopt.
2. Upon payment of the filing or docket fee, the petition
is raffled to the Family Court. The court issues an
order, setting the case for initial hearing and ordering
the court social worker to conduct a case study and
home visit.
3. The court order is published in a newspaper of
general circulation once a week for 3 weeks.
4. Before the initial hearing, the social worker conducts
a case study and home visit.
Procedure
5. Initial hearing
6. If there is no opposition to the petition, the
lawyer asks the court for an ex parte
presentation of evidence.
7. Supervised trial custody in the Philippines for
at least 6 months. But the court may reduce
such period or exempt parties from trial
custody.
8. If the court decision is favorable and there is
no appeal by any party, the court issues
certificate of finality.
Legal Effects of Adoption

1. Sever all legal ties between biological parent/s and

the adoptee, except when the biological parent is the
spouse of the adopter;
2. Deem the adoptee as a legitimate child of the adopter;
3. Give adopter and adoptee reciprocal rights and
obligations arising from the relationship of parent and
child, including but not limited to:

a. The right of the adopter to choose the name the

child is to be known;
b.The right of the adopter and the adoptee to be legal
and compulsory heirs of each other.
Rescission of Adoption

Upon petition of the adoptee, with the assistance of the Department if a

minor or if over eighteen (18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded on any of the
following grounds committed by the adopter(s):

1. Repeated physical and verbal maltreatment by the adopter(s)

despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations.
5. Adoption, being in the best interest of the child, shall not be
subject to rescission by the adopter(s). However, the adopter(s)
may disinherit the adoptee for causes provided in Article 919 of
the Civil Code.
Effects of Rescission

1. The parental authority of the adoptee's biological

parent(s), if known, or
2. The legal custody of the Department shall be restored if
the adoptee is still a minor or incapacitated.
3. The reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished.
4. The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate.
5. Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial
rescission shall be respected.