Adoption: Right to create relationship of parent and child between persons who are not related exists only

by virtue of
statute.

Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the
child can’t be placed with extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential
adopter before birth, etc.) 2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may
flow from this. Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the
biological parent) d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4 th degree of
consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th
degree of consanguinity or affinity of Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent
to this
3. Spouses are legally separated Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption
2. Legitimate child of one spouse by the other
3. Illegitimate child by qualified adopter to improve status
4. A person of legal age of when younger was treated as adopter’s child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, gov’t.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
- No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has
been made. After that consent is binding. Procedure:
1. Court needs proof that there wasn’t a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
- Only a direct attack in cases of adoption, can’t be collaterally attacked
- Decree becomes effective as of the date petition was filed
 Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1. Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one
adopting)
2. Legitimacy – for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly
provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological
parents won’t get anything.
 - No right of representation (Meaning if adopter dies, adoptee can’t get from parents of
adopter) - Does not inherit form the other relatives, etc.
- However if something is left by will the adoptee/biological parent can inherit (from the free
portion)
Rescission of adoption: by adoptee or guardian:
1. Repeated physical or verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations - Adopter cannot rescind adoption (can only
disinherit)
- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be
restored if adoptee is still a minor. But adopter and adoptee relationship extinguished.

Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where
petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best
interest of the child. - The board upon recommendation of the placement committee shall only approve
matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or
involuntarily committed) Who may adopt: Any alien or Filipino
citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must
jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has
undergone counseling form an accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and
accredited agency, adoption is allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it
is for the child’s best interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants
a qualified family, absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements
with countries of the foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed
by the parent against the child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to
physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
 1. Psychological or physical abuse (neglect, cruelty emotional
maltreatment, sexual abuse) 2. Acts by deeds or words, which degrades
or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence
indulge in sexual acts. Attempt to commit: Any person who is in a secluded area with a child and such
person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant
women consents to adoption for a consideration, establishment which recruits women to bear children. Person
engaged in finding children from low-income families. Obscene publications and indecent shows: perform obscene
exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or
conduct other illegal activities - Establishments where these acts are done will be closed and
their license to operate will be canceled. Working Children: below 15 years of age can work
provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence Children
of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and
relevant to their needs - Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker
of DSWS or other, Barangay chairman, 3 citizens of the place where it occurred.