LEGAL ADOPTION

A CHILD'S BEST PROTECTION

ATTY. MARIA MILAGROS N. FERNAN-CAYOSA

Resource Person

Orientation on Adoption Process to Practicing Lawyers

SPONSORED BY THE DEPARTMENT OF SOCIAL WELFARE & DEVELOPMENT
 DOMESTIC ADOPTION LAWS
R.A. 9523 and R.A. 8552
• Republic Act No. 9523 - took effect on May 28, 2009,
after its publication. It is an act requiring the
Certification of the DSWD to declare a child legally
available for adoption (CDCLAA), as a pre-requisite
for local and inter-country adoption proceedings;
• Republic Act No. 8552 or the Domestic Adoption
Law mandates the DSWD to facilitate the provision
of immediate and permanent placement of a child
legally available for adoption, needing an adoptive
family.
 DOMESTIC ADOPTION LAWS
R.A. No. 11222
• Republic Act No. 11222 – Approved on February 21,
2019 (will take effect 15 days after publication)
An Act Allowing the Rectification of Simulated
Birth Records and Prescribed Administrative
Adoption Proceedings for the Purpose
 PARENTAL AUTHORITY

CHILD

(ABANDONED/NEGLECTED
/DEPENDENT)
PARENTS/GRANDPARENTS

INVOLUNTARY
(Cert. of Availability for Adoption)
VOLUNTARY
(Deed of Voluntary Commitment)

D.S.W.D.
temporary stop
Order of Adoption

ADOPTIVE PARENTS
 PARENTAL AUTHORITY
(RIGHTS AND DUTIES)
- To keep them in their company
- To educate and instruct them by right precept and good example
- To provide support for their upbringing in keeping with their
means.
- To give them love and affection, advice and counsel, companionship
and understanding.
- To provide them with moral and spiritual guidance, inculcate in
them honesty, integrity, self-discipline, self-reliance, industry and thrift. -
To stimulate their interest in civic affairs and inspire in them compliance
with duties of citizenship.
- To enhance, protect, preserve and maintain their physical and
mental health at all times.
- To furnish them with good and wholesome educational materials

- To supervise their activities, recreation and association with others

- To protect them from bad company

- To prevent them from acquiring habits detrimental to their health,

studies and morals.

- To represent them in all matters affecting their interests.

- To demand from them respect and obedience.
- To impose discipline on them as may be required under the
circumstances; and
- To perform such other duties that are imposed by law upon parents and
guardian
 R.A. No. 11222, Article 1,
Section 2 - Objectives
(a) To grant amnesty and allow the rectification of the simulated
birth of a child where the simulation was made for the best
interest of the child, and that such child has been consistently
considered and treated by the person or persons who simulated
such birth as her, his, or their own daughter or son;
(b) To fix the status and filiation of a child whose birth was
simulated by giving such child all the benefits of adoption and
ensuring that the child shall be entitled to all the rights provided
by law to legally adopted children, without any discrimination
of any kind, as well as to love, guidance and support from the
child’s adoptive family
06/19/2020
 R.A. No. 11222, Article 1,
Section 2 - Objectives
(c) To exempt from criminal, civil and administrative liability those who
simulated the birth record of a child prior to the effectivity of this Act:
Provided, that a petition for adoption with an application for the
rectification of the simulated birth record is filed within ten (10) years
from the effectivity of this Act
(d) To provide for and allow a simpler and less costly administrative
adoption proceeding where the child has been living with the person
and persons who simulated her or his birth record for at least three (3)
years before the effectivity of this Act;
(e) To educate and inform the public about the rectification of simulated
births, and to encourage people to avail of the benefits of this Act

06/19/2020
 Salient Points of RA 11222:

• RA 11222 turned the entire adoption process from a judicial proceeding

under the Family Courts to an administrative proceeding under the
DSWD. The issuance of a Certification Declaring a Child Legally
Available for Adoption are to be issued by the Secretary of the DSWD.
• RA 11222 for those persons who simulated births prior to the effectivity
of the law shall not be criminally liable provided:
1. Simulation was done for best interest of the child;
2. The child has been consistently considered by such person as
his/her own son or daughter;
3. Persons file a petition for adoption with an application for the
rectification of the simulated birth record within ten years from
effectivity of the law.
 Article IV, Section 9 (RA No. 11222)
Adoption proceedings that DO NOT require a
“Certification Declaring a Child
Legally Available for Adoption (CDCLAA)”

[1] Adoptee is already and adult

[2] Adoption of a child who is a relative of the
adopter within the fourth degree of consanguinity
or affinity
 GENERAL CONCEPTS ON
PARENTAL AUTHORITY

Parental Authority [Family Code, Title IX]

(Katungkulan bilang magulang)
- includes: caring for and rearing of
children for the development of their moral,
mental and physical character and well-being
civic consciousness and efficiency
• Father and Mother shall JOINTLY exercise parental
authority. In, case of disagreement, the father's decision
shall prevail, unless there is a judicial order to the contrary.
• Parental authority may NOT be RENOUNCED or
TRANSFERRED except in cases authorized by law.
• Children shall always observe respect and reverence toward
their parents and are obliged to obey them as long as the
children are under their parental authority.
• In case of separation of the parents, parental authority shall
be exercised by the parent designated by the court.
 WHO MAY BE ADOPTED?
(R.A. 8552 amended by R.A. 9253)

1. Any person below 18 who has been

administratively declared available for adoption.
2. A child whose adoption has been previously
rescinded.
3. 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).
 WHO MAY ADOPT?
(Family Code, Title VII, Article 193;
R.A. 8552, Article III, Section 7; R.A. 11222, Article III, Sec. 7)

1. Filipino, of legal age, in possession of full civil capacity and legal

rights, of good moral character

2. Have not been convicted of any crime involving moral turpitude

3. Be emotionally and psychologically capable of caring for children

4. Be in a position to support and care for the child in keeping with the
means of the family

5. At least 16 years older than adoptee (except if biological parent, or is

the spouse of the adoptee's parent, minimum age gap not required)

6. Husband and Wife – must JOINTLY

7. Has undergone pre-adoption services as required in Section 4 of the

Act.  
 WHO MAY ADOPT?
(Family Code, Title VII, Article 193;
R.A. 8552, Article III, Section 7; R.A. 11222, Article III, Sec. 7)

8. Husband and Wife – must JOINTLY

9. In case of adoption by a married couple, where one of the adopters is a

foreign national married to a Filipino, the foreign national must have been
residing in the Philippines for at least three (3) continuous years prior to the
filing of the petition for adoption and application for rectification of
simulated birth record

10. Have undergone pre-adoption services

Joint Adoption
Effects of Adoption
IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM and
IN RE: PETITION FOR ADOPTION OF MICHAEL JUDE P. LIM
G.R. NO. 168992-93, May 21, 2009
 Additional qualifications if adopter
is an alien:

Art. III Sec. 7

- the country of the alien has diplomatic
relations with the Philippines
- resident of the Philippines for at least 3
continuous years prior to the adoption
- has the legal capacity to adopt and his
government allows the adoptee to enter his
country
Requirements of certification that alien is
qualified to adopt may be waived
if the adoptee is:

1) A relative within the 4th degree of

consanguinity or affinity of alien who is
formerly a Filipino citizen
2) the legitimate child of his Filipino spouse
3) A relative of the Filipino spouse within the
4th degree of consanguinity or affinity (alien
must adopt jointly with Filipino spouse)
 WHO MAY NOT ADOPT?
(Family Code, Title VII, Article 18 -
Disqualifications)

1. Any person who has been convicted of a crime

involving moral turpitude (ex. estafa, theft)
2. Any person who is found to have stated false information
in public documents in any of the adoption
proceedings
3. Any person who is not emotionally and psychologically
capable of caring for children
4. Any person not in a position to provide support to the
adoptee.
 WHOSE CONSENT ARE NEEDED FOR
ADOPTION ?
(Family Code, Article 188; R.A. 8552, Article III, Section 9)

1. Person to be adopted if 10 years of age or over.

2. Legitimate and adopted children adopting parent/s,
10 ten years old or over.
3. The illegitimate children of the adopting parent, 10
years old or over, if living with said parent; and the
latter's spouse, if any.
4. The spouse, if any, of the adoptee
 Whose middle name should
adoptee use?

IN THE MATTER OF THE ADOPTION

OF STEPHANIE NATHY ASTORGA
GARCIA
G.R. NO. 148311, March 31, 2005
 ADOPTION:
THE SOCIO-LEGAL
PROCESS
THE SOCIO-LEGAL PROCESS

I. PRE ADOPTION – Petition for Certificate

Declaring a Child Legally Available for
Adoption : DSWD Regional Office
II. ADOPTION PROCEDURE – Adoption
Petition : Office of Social Welfare Office of
the City or Municipality where child resides
III. POST ADOPTION – Finding of Roots:
Adoption Resources and Referral Unit,
DSWD Regional Office
 SIMULATION OF BIRTHS
Sec. 3 R. A. 8552
(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.
 R.A. No. 11222, Article IV
Administrative Adoption Procedure
• Under oath, Petition for Adoption with Application for
Rectification of Simulated Birth Record (Affidavit form) –
supporting documents:
1. Copy of simulated birth or foundling certificate of the child
2. Affidavit of admission if simulation was done by a third
person
3. Barangay certification that petitioner/s are residents of the
barangay and that the child has been living with them for at
least three years prior to effectivity of Act.
06/19/2020
 R.A. No. 11222, Article IV
Administrative Adoption Procedure
4. Affidavits of two (2) disinterested persons who reside
in the same barangay where the child resides, attesting
that the child has been living with the petitioner for at
least three (3) years prior to the effectivity of this Act.
5. CDCLAA issued by the DSWD and
6. Photographs of the child and the petitioner/s taken
within the last three months prior to the filing of the
petition.

06/19/2020
 PROCESSING

• City/Municipal SWDO – 7 days to examine petition

SufficientPETITIONER
in form REGIONAL
If insufficientDIRECTOR – 30 days
andreview
substance
of petition establish identity of child and prepare
recommendation ; may require add’l info or evidence
Recommendation

SECRETARY - 30 days decide on petition

06/19/2020
 ORDER OF ADOPTION

• State the name by which adoptee will be known

• Direct cancellation of birth certificate, simulated birth
certificate or foundling certificate
• Direct Issuance of a rectified birth certificate or
founding certificate
• Direct the Issuance of a birth certificate
This shall have the same effect as the Decree of
Adoption issued under R.A. No 8552
06/19/2020
 LEGAL EFFECTS OF ADOPTION
(R.A. 8552, Article V)

1. PARENTAL AUTHORITY - All legal ties between the biological parent and the adoptee shall
be severed;

parental authority shall be vested in the adoptive parent.

2. LEGITIMACY - The adoptee shall be:
- considered as the legitimate son/daughter of the adopter for all intents and purposes;
-entitled to all the rights and obligations provided by law to legitimate sons/daughters born to
them without discrimination of any kind, ex.: the right of the adopter to choose the name of
the child; to be given love, guidance and support in keeping with the means of the family

3. SUCCESSION - The adopter and adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation - the rights of the adopter & adoptee to be legal and
compulsory heirs of each other.
4. OTHER EFFECTS- Sever legal ties between the biological parent(s) and the adoptee (except
when the biological parents is the spouse of the adopter)
 MAY THE ADOPTION BE
REVOKED OR RESCINDED
by the ADOPTER?

YES! Before R.A. No. 8552:

Art. 348, Civil Code of the Philippines
Art. 192, Family Code of the Philippines
 NO! After R.A. No. 8552
Lahom vs. Sibulo, G.R. No. 143989.  July 14, 2003
“It was months after the effectivity of R.A. No. 8552 that
herein petitioner filed an action to revoke the decree of
adoption granted in 1975.  By then, the new law, had already
abrogated and repealed the right of an adopter under the
Civil Code and the Family Code to rescind a decree of
adoption.  Consistently with its earlier pronouncements, the
Court should now hold that the action for rescission of the
adoption decree, having been initiated by petitioner after R.A.
No. 8552 had come into force, no longer could be pursued.”
 BUT Adoptee can rescind the
adoption
RA 8552, Article VI. Sec. 19 Rescission of Adoption
The adoptee files a petition on the following grounds:
(a) repeated physical and verbal maltreatment by the
adopter(s)
(b) attempt on the life of the adoptee
(c) sexual assault or violence
(d) abandonment and failure to comply with parental
obligations.
 Rescission under R.A. No. 11222

Article VI, Sec. 18 – Grounds for Rescission

Upon petition of the adoptee, with the assistance of the city or
municipal SWDO or the DSWD, the adoption may be
rescinded on the following grounds:
(a) repeated physical and verbal maltreatment by the adopter(s)
(b) attempt on the life of the adoptee
(c) sexual assault or violence
(d) abandonment and failure to comply with parental obligations
(e) Other acts that are detrimental to the psychological and
emotional development of the adoptee
 R.A. Rescission of
Administrative Adoption
• Applies only to the rescission of administrative
adoption (implies that if it were a judicial adoption,
judicial rescission is still the remedy)
• SWDO, Regional Director and the Secretary shall
act immediately on the petition for rescission
bearing in mind the best interest of the child.

06/19/2020
 Sec. 20. Effects of Rescission
 The parental authority of the adoptee's biological parent(s),
or the legal custody of the Department shall be restored.
The reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished.
 The court shall order the restoration of the original birth
certificate.
 Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of
judicial/administrative rescission. Vested rights acquired
prior to judicial/administrative rescission shall be
respected.
R.A. No. 11222, Article VII, Sec.
21 – Violations and Penalties
• Obtaining consent for an adoption through coercion,
undue influence, fraud, improper material inducement, or
other similar acts
• Noncompliance with the procedures and safeguards
provided by law for the adoption
• Subjecting or exposing child to be adopted to danger,
abuse or exploitation
Penalty: Imprisonment 6yrs-1 day to 12 yrs, and fine not
less than P200,000 at the discretion of the court
06/19/2020
 Should an unwed mother adopt
her own child?

Legally speaking, the relationship between

any unwed mother and her child is
illegitimate. In order to legitimize the
relationship between an unwed mother and
the illegitimate child, the mother must file a
petition under R.A. 8552, now RA 11222.
Is the consent of the father of an
illegitimate child required?

Section 9, paragraph (b) of RA 8552

states that the written consent of the
biological parent/s is necessary.
ATTEMPT TO COMMIT CHILD
TRAFFICKING
 Republic Act No. 9208            
May 26, 2003

AN ACT TO INSTITUTE POLICIES TO

ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;

Section 6. Qualified Trafficking in Persons. - The following are considered as

qualified trafficking:

(a)When the trafficked person is a child

(b) When the adoption is effected through Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale.

(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed
by a public officer or employee;
Section 10. Penalties and Sanctions

(i) Conviction by final judgment of the

adopter for any offense under this
Act shall result in the immediate
rescission of the decree of adoption.
 OCA CIRCULAR NO. 151-2010
26 October 2010

Judges are directed to expedite disposition of cases

involving violation of RA No. 9208
Thank you!