Title VII ADOPTION Adoption is defined as the process of making a child, whether related or not to the adopter, possess

in general, the rights accorded to a legitimate child. Prasnick v. Republic, 98 Phil. 665 The Supreme Court, thru Mr. Justice Felix Angelo Bautista, held that the modern trend is to consider adoption not merely as an act to establish a relationship of paternity and filiation, but also as an act which endows the child with a legitimate status. The philosophy behind adoption statutes is to promote the welfare of the child and every reasonable intendment should be sustained to promote that objective. In Republic of the Phils. v. Hon. Zenaida Elepano, GR 92542, Oct. 15, 1991, the Supreme Court, speaking thru Justice Edgardo L. Paras, held that private respondents adoption of the minors shall redound to the best interests of the latter. Lazatin v. Hon. Judge Campos L-43955-56, July 30, 1979 92 SCRA 250 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. WHO MAY ADOPT Any person provided he is: 1. 2. 3. Of age In possession of full civil capacity and legal rights In a position to support and care for his legitimate and illegitimate children, in keeping with the means of the family At least 16 years older than the person to be adopted, unless: a. The adopter is the natural parent of the child to be adopted, or b. The adopter is the spouse of the legitimate parent of the person to be adopted

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Person of legal age Exception: An adult may be adopted if he is: a. b.

A child by nature of adopter or of spouse Consistently considered by adopter as his own child during minority 2. Alien whose country has no diplomatic relations with the Philippines 3. Person previously adopted (not yet revoked) GENERAL RULE: HUSBAND AND WIFE MUST JOINTLY ADOPT Exceptions One spouse adopts his/her illegitimate child One spouse adopts legitimate child of the other WRITTEN CONSENT NECESSARY FOR ADOPTION 1. 2. 3. 4. 5. 6. 7. Person to be adopted, if 10 years old or over Natural parents or legal guardian of the person to be adopted Legitimate children of the adopter, 10 years old or over Adopted children of the adopter, 10 years old or over Illegitimate children of the adopter, 10 years old or over and living with him Spouse of the adopted, if married Spouse of the adopter, if married 1. 2.

EFFECTS OF ADOPTION 1. 2. 3. 4. 5. 6. Deemed a legitimate child of the adopter Acquired reciprocal rights and obligations arising from parent-child relationship Right to use surname of the adopter Parental authority of natural parents terminates and vested in adopter Remains intestate heir of natural parents and blood relatives Legitimate brothers and sisters (whether full of half blood)

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WHO MAY NOT ADOPT 1. 2. 3. Guardian with respect to ward before final accounting Person convicted of crime involving moral turpitude Alien Exceptions (An alien may adopt): a.

Republic v. Vergara 80 SCAD 869 (1997) Philippine law does not provide for an alien who is married to a former Filipino citizen seeking to adopt jointly with his or her spouse a relative by consanguinity, as an exception to the general rule that aliens may not adopt. Maricada v. Aglubat GR L-24006, Nov. 25, 1967 The status of adoption once created under the proper foreign law will be recognized in this country, except where public policy or the interests of its inhabitants forbid its enforcement and demand the substitution of the lex fori (foreign law) Bobanovic v. Montes GR 71370, July 7, 1986 Where the adopted is a non-resident alien, he must submit to a family, case study in his home State. Where such study is favorable, then the judgment of adoption by our local court shall be given effect and the rule that the adopted child and

Former Filipino adopting a relative by blood b. Alien adopting legitimate child of Filipino spouse c. Joint adoption by Alien and Filipino spouse of latters blood relative d. Those allowed by rules on inter-country adoption WHO MAY NOT BE ADOPTED

adopting parents must live together can apply and mandamus will lie for issuance of a travel permit to the child to enable the latter to join the adopting parents abroad. Republic v. CA and Sps. Hughes GR 100835, Oct. 26, 1993 45 SCAD 496 Adoption creates a status that is closely assimilated to legitimate paternity and filiation with corresponding rights and duties that necessarily fl ow from adoption, such as, but not necessarily confi ned to, the exercise of parental authority, use of surname of the adopter by the adopted, as well as support and successional rights. These are matters that obviously cannot be considered inconsequential to the parties. Republic v. Toledano GR 94147, June 8, 1994, 52 SCAD 124 The mandatory joint adoption by husband and wife is in consonance with the concept of joint parental authority over the child, which is the ideal situation. As the child to be adopted is elevated to the level of a legitimate child, it is but natural to require the spouses to adopt jointly. Also, Art 185 insures harmony between the spouses.

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8.

9.

agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act; comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws; and possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws

(Lahom v. Sibulo, 406 SCRA 135 [2003]). In such capacity, the Philippines accepts the principle that adoption is impressed with social and moral responsibility, and that its underlying intent is geared to favor the adopted child. (Lahom v. Sibulo, 406 SCRA 135 [2003]). It is the legitimate status of the adopted child not only in his new family but also in society as well. The new law withdraws the right of an adoption to rescind the adoption decree and gives to the adopted child the sole right to severe the legal ties created by adoption.

Cervantes v. Fajardo GR 79955, Jan. 27, 1989 A decree of adoption has the effect, inter alia, of dissolving the authority vested in natural parents over the adopted child, except where the adopting parent is the spouse of the natural parent of the adopted, in which case parental authority over the adopted child shall be exercised jointly by both spouses. The adopting parents have the right to the care and custody of the adopted child and exercise parental authority and responsibility over him. Republic Act 8043 AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES SEC. 8. Who May Be Adopted. Only a legally free child may be the subject of inter-country adoption. SEC. 9. Who May Adopt. Any alien or a Filipino citizen permanently residing abroad may file an application for inter country adoption of a Filipino child if he/she: 1. is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent; 2. if married, his/her spouse must jointly file for the adoption; 3. has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his/her country; 4. has not been convicted of a crime involving moral turpitude; 5. is eligible to adopt under his/her national law; 6. is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted;