Civil Law

Review I
Adoption
Family Code
Domestic Adoption Act (RA 8552)
Inter-Country Adoption Act (RA 8043)

Laika P. Corral
LAW 4A
 Adoption

It is the process of making a

child, whether related or not
to the adopter, possess in
general, the rights accorded
to a legitimate child.
Cervantes vs. Fajardo

In all controversies regarding the custody

of a minor, the foremost consideration is
the moral, physical and social welfare of
the child concerned, taking into account
the resources and moral as well as social
standing of the contending parents.
 Qualifications of Adopter
Article 183 a. He must be of age
b. In possession of full civil capacity
and legal rights
c. In a position to support and care
of his children in keeping with the
means of the family
d. Generally, at least 16 years older
that the adopted except:
1. When adopter is the
parent by nature of the
adopted
2. When the adopter is the
spouse of the legitimate
parent of the person to be
adopted.

Generally, only minors may be

adopted
Republic vs. Miller
An alien qualified to adopt under the Child and
Youth Welfare Code, which was in force at the
time of the filing of the petition, acquired a
vested right which could not be affected by the
subsequent enactment of a new law
disqualifying him. Consequently, the enactment
of the Family Code, effective August 3, 1988,
will not impair the right of respondents who
are aliens to adopt a Filipino child because the
right has become vested at the time of filing of
the petition for adoption and shall be governed
by the law then in force.
Article 184 The guardians with
Those who cannot respect to the ward Any person who
adopt: prior to the has been
approval of the convicted of a
final accounts crime involving
rendered upon the moral turpitude.
termination of their
guardianship
relation.

An alien except:
a. A former Filipino citizen who seeks
to adopt a relative by consanguinity;
b. One who seeks to adopt the
legitimate child of his or her Filipino
spouse;
c. 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.
Article 185

Husband and wife must jointly adopt

except in the following cases:

1. When one spouse seeks to adopt his

own illegitimate child;
2. When one spouse seeks to adopt the
legitimate child of the other.
 Article 186

In case the husband and the wife jointly

adopt or one spouse adopts the
legitimate child of the other, joint parental
authority shall be exercised by the
spouse in accordance with this Code.
 Article 187
The following may not be adopted

A person of legal age, unless he or she is a child by nature of the adopter or

his or her spouse, or, prior to the adoption, said person had been consistently
considered and treated by the adopter as his or her own child during
minority.

An alien whose government the Republic of the Philippines has no

diplomatic relations.

A person who has already been adopted unless such adoption has
been previously revoked or rescinded.
 Article 188

The written consent of the following to the

adoption is necessary:
(1) The person to be adopted, if ten years of age or
over,
(2) The parents by nature of the child, the legal
guardian, or the proper government instrumentality;
(3) The legitimate and adopted children, ten years of
age or over, of the adopting parent or parents;
(4) The illegitimate children, ten years of age or over,
of the adopting parent, if living with said parent and
the latter’s spouse, if any; and
(5) The spouse, if any, of the person adopting or to
be adopted.
Cang vs. CA and Clavano
Petitioner's conduct did not manifest a
settled purpose to forego all parental
duties and relinquish all parental claims
over his children as to, constitute
abandonment. Physical estrangement
alone, without financial and moral
desertion, is not tantamount to
abandonment.
The written consent of the natural
parent to the adoption is a requisite to
its validity.
 Article 189: Adoption shall have the
following effects:

For civil purposes, the adopted shall be

deemed to be a legitimate child of the
adopters and both shall acquire the
reciprocal rights and obligations arising
from the relationship of parent 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 terminate and
be vested in the adopters, except that if the
adopter is the spouse of the parent by
nature of the adopted, parental authority
over the adopted shall be exercised jointly
by both spouses; and

The adopted shall remain an intestate

heir of his parents and other blood
relatives.
 Legal and Intestate Succession
1. LC + IC + SP – ordinary rules of legal and
intestate succession

2. Parents and ascendants – ½

Adopter – ½

3. SP or IC – ½
Adopter – ½

4. Adopter – 1/3
IC- 1/3
SP – 1/3

5. Adopter – entire estate

Article 190 6. Collateral blood relatives – ordinary rules of

legal or intestate succession
Article 191

If the adopted is a minor or otherwise

incapacitated, the adoption may be
judicially rescinded upon petition of any
person authorized by the court or proper
government instrumental acting on his
behalf, on the same grounds prescribed
for loss or suspension of parental authority.
If the adopted is at least eighteen years of
age, he may petition for judicial rescission
of the adoption on the same grounds
prescribed for disinheriting an ascendant.
 Art. 192. The adopters may petition the court for the
judicial rescission of the adoption in any of the following
cases:
Rescission
(1) If the adopted has committed any act constituting
ground for disinheriting a descendant; or
(2) When the adopted has abandoned the home of the
adopters during minority for at least one year, or, by some
other acts, has definitely repudiated the adoption.

Art. 193. If the adopted minor has not reached the age of majority at the time
of the judicial rescission of the adoption, the court in the same proceeding shall
reinstate the parental authority of the parents by nature, unless the latter are
disqualified or incapacitated, in which case the court shall appoint a guardian over the
person and property of the minor. If the adopted person is physically or mentally
handicapped, the court shall appoint in the same proceeding a guardian over his
person or property or both.

Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations
between the adopters and the adopted arising from the relationship of parent and
child. The adopted shall likewise lose the right to use the surnames of the adopters
and shall resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper
registries.
 DSWD vs. Belen

The proper course that respondent judge should have

taken was to notify the DSWD at the outset about the
commencement of Special Proceeding No. 5830 so that
the corresponding case study could have been
accordingly conducted by said department which
undoubtedly has the necessary competence, more than
that possessed by the court social welfare officer, to
make the proper recommendation. Moreover, respondent
judge should never have merely presumed that it was
routinary for the social welfare officer to coordinate with
the DSWD regarding the adoption proceedings. It was
his duty to exercise caution and to see to it that such
coordination was observed in the adoption proceedings,
together with all the other requirements of the law.
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)

Application

Applies to domestic adoption Applies to adoption of a

of Filipino children, where the Filipino child in a foreign
entire adoption process takes country
place in the Philippines.
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)

Application

a. Adopter is a Filipino
a. Filipino citizen
citizen permanently
permanently residing
residing in the Philippines
abroad
b. Foreigner who resides in
b. Foreigner who does not
the Philippines 3 years
satisfy the residency
prior to the filing of the
requirements of DAA but
petition and continues to
qualified under the ICAA
reside herein until
adoption decree is
entered
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)
Who may be adopted
a. A child legally available for
adoption.
b. Legitimate son/daughter of one Only a legally free child may
spouse by the other spouse
be adopted.
c. Illegitimate son or daughter of a
qualified adopter
d. 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
f. A child whose biological or
adoptive parents has died.
 Domestic Adoption Act
of 1998 (RA 8552)
Who may adopt
1. Filipino citizens 2. Aliens
a. Of legal age; a. Same qualifications as above, and in
b. In possession of full civil capacity and addition
legal rights; b. His/her country has diplomatic
c. Of good moral character;
relations with the Republic of the
d. Has not been convicted of any crime
Philippines;
involving moral turpitude;
e. Emotionally and psychologically capable c. His/her government allows the
of caring for children; adoptee to enter his/her country as
f. In a position to support and care for his/her adopted son/daughter;
his/her children in keeping with the d. Has been living in the Philippines for
means of the family; at least 3 continuous years prior to
g. At least 16 years older than the adoptee the filing of the application for
but this latter requirement may be adoption and maintains such
waived if (a) the adopter is the biological
residence until the adoption decree is
parent of the adoptee; or (b) the adopter
entered; and
is the spouse of the adoptee’s parent;
and
h. Permanent resident of the Philippines
 Domestic Adoption Act of 1998
(RA 8552)

e. 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. This requirement may be waived if (a) a former
Filipino citizens seeks to adopt a relative within the 4th degree of
consanguinity or affinity; (b) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; (c) one who is married to a
Filipino citizen and seeks to adopt a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.
 Inter- Country Adoption
Act of 1995 (RA 8043)
Who may adopt
g. Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the UN
Filipino citizens and Aliens Convention on Rights of the Child, and to abide by
the rules and regulations issued to implement the
a. Permanent resident of a foreign country; provisions of the ICAA;
b. Has the capacity to act and assume all h. Residing in a country with whom the Philippines
rights and responsibilities of parental has diplomatic relations and whose government
authority under Philippine laws; maintains a similarly authorized and accredited
c. Has undergone the appropriate agency and that adoption is allowed in that
counseling from an accredited country;
counselor in country of domicile; i. Possesses all the qualifications and none
d. Has not been convicted of a crime of the disqualifications provided in the ICAA and in
involving moral turpitude; other applicable Philippine laws;
e. Eligible to adopt under Philippine laws; j. At least 27 years of age at the time of the
f. In a position to provide the proper care application; and
and support and to give the necessary k. At least 16 years older than the child to be
moral values and example to all his adopted at the time of application, unless (a)
children, including the child to be adopter is the parent by nature of the child to be
adopted; adopted; or (b) adopter is the spouse of the parent
by nature of the child to be adopted.
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)
Requirement of Joint Adoption

General rule: Husband and wife

shall jointly adopt; otherwise, the If the adopter is married,
adoption shall not be allowed. his/her spouse must jointly
Exceptions:
file for the adoption.
a. If one spouse seeks to adopt the
legitimate son/daughter of the
other;
b. If one spouse seeks to adopt
his/her own illegitimate
son/daughter but the other
spouse must give his/her
consent;
c. If the spouses are legally
separated from each other.
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)
Procedure

A. Administrative Proceeding A. Obtaining Certification

B. Filing of Administrative
B. Judicial Proceeding
Application for ICA
- Filed in FC - Filed in FC – court
- Case Study determines sufficiency of
- Supervised Trial petition then transmit to ICAB;
Custody if with ICAB, it will conduct
- Decree of Adoption matching of applicant with the
adoptive child
- Trial Custody
- Decree of Adoption
Domestic Adoption Act Inter- Country Adoption
of 1998 (RA 8552) Act of 1995 (RA 8043)
Consent

a.  The adoptee, if ten (10) years of age a. Written consent of the

or over; adopter’s biological or
(b) The biological parent(s) of the child, if adopted children above 10
known, or the legal guardian, or the
proper government instrumentality which
years of age
has legal custody of the child; b. If satisfactory pre-adoptive
(c) The legitimate and adopted relationship is formed
sons/daughters, ten (10) years of age or between the applicant and the
over, of the adopter(s) and adoptee, if child, written consent to the
any;
(d) The illegitimate sons/daughters, ten
adoption executed by the
(10) years of age or over, of the adopter DSWD is required.
if living with said adopter and the latter's
spouse, if any; and
(e) The spouse, if any, of the person
adopting or to be adopted
Effects of Domestic Adoption
Transfer of Parental
1 Authority 4 Right to use
surname of the
adopter

2 Legitimacy 5 Issuance of
new certificate
and first name
and surname of
Successional the adoptee
3 Rights
 Rescission of Decree of Adoption

Who may rescind?

DAA gave the adopted child the sole
right to severe the legal ties created
by adoption.
Adopter may cause the forfeiture of
certain benefits accruing to
undeserving child.

Grounds:
a. Repeated physical and verbal
maltreatment by the adopters
despite having undergone
counseling
b. Attempt on the life of the adoptee
c. Sexual assault or violence
d. Abandonment and failure to comply
with parental obligations
 Rescission of Decree of Adoption

Prescriptive Period
a. If incapacitated, within 5 years
after the adopted reaches the
age of majority
b. If incompetent at the time of the
adoption, within 5 years after
recovery from such incompetency

Effects
a. Parental authority shall be restored
to the biological parents or DSWD
b. Reciprocal rights and obligations
shall be extinguished
c. Cancellation of the amended birth
certificate and restoration to his
original birth certificate
d. Successional rights shall revert to
its status prior to adoption
 The Philippines, a State Party to the
Convention of the Rights of the Child
accepted the principle that adoption was
impressed with social and moral
responsibility, and that its underlying intent
was geared to favor the adopted child;
Republic Act No. 8552 affirmed the
legitimate status of the adopted child not
only in his new family but also in the
society as well; The new law withdrew the
right of an adopter to rescind the adoption
decree and gave to the adopted child the
sole right to sever the legal ties created by
adoption.
Lahom vs. Sibulo
 Under the Child and Youth Welfare
Code, private respondent had the right
to file a petition for adoption by herself,
without joining her husband therein.
When Mrs. Bobiles filed her petition,
she was exercising her explicit and
unconditional right under said law.
Upon her filing thereof, her right to file
such petition alone and to have the
same proceed to final adjudication, in
accordance with the law in force at the
time, was already vested and cannot
Republic vs. CA be prejudiced or impaired by the
enactment of new law.
THANK YOU!