CHAPTER 11: ADOPTION

1. Counselling services for the biological parents,

prospective parents, and prospective adoptee
WHO MAY ADOPT: (F.A.G)
2. Exhaust all efforts to locate the biological parents, if
Any person provided he is: unknown RULE ON ADOPTION BY SPOUSES
1. FILIPINO CITIZEN GENERAL RULE: Husband and wife shall jointly adopt

A. of legal age EXCEPTION:

B. in possession of full civil capacity and legal rights 1. One spouse seeks to adopt the legitimate
C. of good moral character son/daughter of the other
D. has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of 2. One spouse seeks to adopt his/her own illegitimate
caring for children, son/daughter
E. At least 16 years older than the person to be adopted,
unless: The adopter is the natural parent of the child to 3. The spouses are legally separated from each other.
be adopted, or the adopter is the spouse of the legitimate
parent of the person to be adopted Republic v. CA and Bobiles (205 SCRA
F. In possession of full civil capacity and legal rights 356) Zenaida Corteza Bobiles filed a petition
G. In a position to support and care to adopt Jason Condat who had been living
with her family since 4 months old. Salvador
2. ALIEN Condat, father of the child, was served with
copies of the order finding that the petition
A. possessing the same qualifications as above stated for was sufficient in form and substance. The
Filipino nationals copy was also posted on the bulletin board of
B. his/her country has diplomatic relations with the the court. Nobody appeared to oppose the
Philippines petition. The judgment declared that surname
C. he/she has been living in the Philippines for at least 3 of the child be changed to Bobiles.
continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption
decree is entered EXCEPT when a former Filipino
citizen who seeks to adopt a relative within the 4th
degree of consanguinity or affinity; or one who seeks to WHO MAY BE ADOPTED
adopt the legitimate child of his/her Filipino spouse; or
one who is married to a Filipino citizen and seeks to 1. Any person below 18 years of age who has been
adopt jointly with his/her spouse a relative within the administratively or judicially declared available for
4th degree of consanguinity or affinity of the Filipino adoption;
spouse
2. Legitimate son/daughter of one spouse by the other
3. GUARDIAN spouse;

With respect to the ward after the termination of the 3. Illegitimate son/daughter by a qualified adopter to
guardianship and clearance of his/her financial improve his/her status to that of legitimacy;
accountabilities
4. person of legal age if, prior to the adoption, said
In Re: Adoption of Edwin Villa (21 SCRA 399)
person has been consistently considered and treated by
Petitioner-spouses wish to adopt the minor Edwin Villa. the adopter as his/her own child since minority;
The petitioner wife happens to be the legitimate sister
of Edwin. But Supreme Court held that such adoption 5. Child whose adoption has been previously rescinded;
is not prohibited by the law. To say that adoption
should not be allowed
PRE-ADOPTION when the adopted are related to
SERVICES
The DSWD shall provide for enumerated
each other, except in cases the followinginservices:
NCC 338,
is to preclude adoption among relatives no matter how
far removed or in whatever degree that the relationship
might be, which in the opinion of the Supreme Court is
not the policy of the law
 6. Child whose biological or adoptive parents have died
provided that no proceedings shall be initiated within 6
months from the time of death of said parents.

GROUNDS FOR RECISSION OF ADOPTION:

WRITTEN CONSENT NECESSARY FOR (M.A.S.A)
ADOPTION: A-BLISS-A
1. Repeated physical and verbal maltreatment by the
1. Adoptee, if 10 years of age or over; adopters despite having undergone counseling

2. Biological parents of the child, if known, or the legal 2. Attempt on the life of the adoptee
guardian, or the proper government instrumentality
which has legal custody of the child; 3. Sexual assault or violence

3. Legitimate children of the adopter, 10 years old or 4. Abandonment and failure to comply with parental
over obligations.

4. Illegitimate children of the adopter, 10 years old or Adoption, being in the best interest of the child, shall
over and living with him not be subject to rescission by the adopter
Only the adoptee is given the right to rescind the
5. Spouse of the adopted, if married decree of adoption
6. Spouse of the adopter, if married However, the adopters may disinherit the adoptee for
7. Adopted children of the adopter, 10 years old or over causes provided in

EFFECTIVITY OF DECREE OF ADOPTION

A decree of adoption effective as of the date the
original petition was filed. Also apply in case the In Re: Petition for Adoption of Michelle P.
petitioner dies before the issuance of the decree of Lim (588 SCRA 98)
adoption to protect the interest of the adoptee Spouses who have been remarried cannot
singly adopt. In case spouses jointly adopts,
Tamargo v Court of Appeals G.R. they shall jointly exercise parental authority.
No. 85044, June 3, 1992 Where the
The use of the word shall signifies that joint
petition for adoption was granted after
adoption of husband and wife is mandatory.
the child had shot and killed a girl, the
Supreme Court did not consider that This is in consonance with the concept of
retroactive effect may be given to the joint parental authority since the child to be
decree of adoption so as to impose a adopted is elevated to the level of a legitimate
liability upon the adopting parents child, it is but natural to require spouses to
accruing at a time when adopting adopt jointly.
parents had no actual or physically
custody over the adopted child.
Retroactive affect may perhaps be
given to the granting of the petition for Art. 919 of the NCC EFFECTS OF THE
adoption where such is essential to RESCISSION OF THE ADOPTION:
permit the accrual of some benefit or
advantage in favor of the adopted child. 1. The parental authority of the adoptee's biological
In the instant case, however, to hold parents, if known, OR the legal custody of the DSWD
that parental authority had been shall be restored if the adoptee is still a minor or
incapacitated. 2. The reciprocal rights and obligations of
retroactively lodged in the adopting
the adopters and the adoptee to each other shall be
parents so as to burden them with
extinguished.
liability for a tortious act that they could
3. The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate.

4. 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. WHO MAY ADOPT

INTER-COUNTRY ADOPTION An alien or a Filipino citizen permanently

residing abroad may file an application for inter-country
R.A. 8043: INTER-COUNTRY ADOPTION ACT OF adoption of a Filipino child if:
1995 LEGALLY-FREE CHILD is a child who has been
voluntarily or involuntarily committed to the 1. at least 27 years of age and at least 16 years
Department, in accordance with the Child and Youth older than the child to be adopted, at the time of
Welfare Code. 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
DSWD v. Belen (275 SCRA 654) the adoption
No petition for adoption shall be granted 3. Has the capacity to act and assume all rights
unless the DSWD, or the Social Work and and responsibilities of parental authority under his
Counselling Division, in case of Juvenile and national laws, and has undergone the appropriate
Domestic Relations Courts, has made a case counselling from an accredited counselor in his/her
study of the child to be adopted, his natural country
parents as well as the prospective adopting 4. Has not been convicted of a crime involving
parents, and has submitted its report and moral turpitude
recommendations on the matter to the court 5. Eligible to adopt under his/her national law
6. in a position to provide the proper care and
hearing such petition. The DSWD shall
support and to give the necessary moral values and
intervene on behalf of the child if it finds, example to all his children, including the child to be
after such case study. adopted
7. Agrees to uphold the basic rights of the child
as embodied under Philippine laws, the U.N. Convention
WHO MAY BE ADOPTED on the Rights of the Child, and to abide by the rules and
Only a legally free child may be the subject of regulations issued to implement the provisions of this
inter-country adoption No child shall be matched to a Act
foreign adoptive family unless it is satisfactorily shown 8. comes from a country with whom the
that the child cannot be adopted locally Philippines has diplomatic relations and whose
government maintains a similarly authorized and
LEGALLY-FREE CHILD is a child who has accredited agency and that adoption is allowed under
been voluntarily or involuntarily committed to his/her national laws
the Department, in accordance with the Child 9. Possesses all the qualifications and none of
and Youth Welfare Code the disqualifications provided herein and in other
Republic v. Miller (306 SCRA 183) applicable Philippine laws

An alien qualified to adopt under the Child INTER-COUNTRY ADOPTION BOARD

and Youth Welfare Code, which was in force act as the central authority in matters relating
at the time of the filing of the petition, acquired INTER-COUNTRY ADOPTION refers to the inter-
a vested right which could not be affected by country adoption socio-legal process of adopting a
the subsequent enactment of a new law Filipino child by a foreigner or a Filipino citizen
disqualifying him. Vested right include not only permanently residing abroad where the petition is filed,
legal or equitable title to the enforcement of a the supervised trial custody is undertaken, and the decree
demand, but also an exemption from new
obligations created after the right has vested.
of adoption is issued outside the Philippines has The adopting parents shall submit to the
diplomatic relations and whose government maintains a governmental agency or the authorized and
similarly authorized and accredited agency and that accredited agency, which shall in turn transmit a
adoption is allowed under his/her national laws copy to the Board, a progress report of the
child's adjustment. The progress report shall be
TRIAL CUSTODY taken into consideration in deciding whether or
The trial custody shall be for a period of 6 not to issue the decree of adoption
months from the time of placement.
Starts upon actual physical transfer of the child
Santos v. Aranzanso (16 SCRA 344)
to the applicant who, as actual custodian, shall
exercise substitute parental authority over the Lazatin
A decree v. Campos
of adoption(92could
SCRA not250)
be assailed
person of the child
Adoption is a juridical act, a proceeding Consent
collaterally in a settlement proceeding.
of the
which parents
creates is not an
between absolute
two personsrequisite
a if
child was abandoned,
relationship similar to thatconsent by the guardian
which results from
ad litem suffices. In adoption proceedings,
legitimate paternity and filiation. Only an
abandonment
adoption imports the
made through any conduct
court, or inon the part
of the parent
pursuance withwhich evinces alaid
the procedure settled
downpurpose to
forgoRule
under all parental
99 of theduties
Rulesand relinquish
of Court all in
is valid
this jurisdiction. The fact of adoption is never or
parental claims to the child. It means neglect
refusal to but
presumed, perform
must the natural and legal
be affirmatively proved
obligations of care and support
by the person claiming its existence. which parents
owe to their children.