Module 1: The Family Code of the Philippines

Lesson 8: Adoption
Source: TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY. Retrieved on July 2,
2020 at
http://www.chanrobles.com/executiveorderno209.htm#.VGBEVzSUemQ

Lesson Contents:

Lesson 8 will comprise the following topics:

 Adoption
 Who cannot be adopted
 Effects of adoption
 Rules governing intestate succession to the estate of the adopted
child
 Rescinding of adoption

Lesson Objectives:
1. Identify who can and who can’t be adopted.
2. Explain the rules governing intestate succession to the estate of the adopted
child.
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Who can and who can’t adopt a child?

A person of age and in possession of full civil capacity and legal

rights may adopt, provided he is in a position to support and care for his
children, legitimate or illegitimate, in keeping with the means of the family.

Only minors may be adopted, except in the cases when the

adoption of a person of majority age is allowed in this Title. In addition, the
adopter must be at least sixteen years older than the person to be
adopted, unless the adopter is the parent by nature of the adopted, or is
the spouse of the legitimate parent of the person to be adopted. (27a, E.
O. 91 and PD 603)

The following persons may not adopt:

(1) The guardian with respect to the ward prior to the

approval of the final accounts rendered upon the termination
of their guardianship relation;

(2) Any person who has been convicted of a crime

involving moral turpitude;

(3) An alien, except:

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(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; or

(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.
Aliens not included in the foregoing
exceptions may adopt Filipino children in
accordance with the rules on inter-country
adoptions as may be provided by law.

What are the exceptions of husband and wife in jointly adopting a child ?

Husband and wife must jointly adopt, except in the following

cases:

(1) When one spouse seeks to adopt his own illegitimate

child; or
(2) When one spouse seeks to adopt the legitimate child of
the other.

In case husband and wife jointly adopt or one spouse adopts

the legitimate child of the other, joint parental authority shall be
exercised by the spouses in accordance with the Family Code.

Who cannot be adopted?

The following may not be adopted:

(1) 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 has been consistently considered and treated by the
adopter as his or her own child during minority.

(2) An alien with whose government the Republic of the

Philippines has no diplomatic relations; and

(3) A person who has already been adopted unless such

adoption has been previously revoked or rescinded. (30a, E. O. 91
and PD 603)

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Why is written consent is necessary in adopting a child?

The written consent of the following to the adoption shall be

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.

What are the effects of adoption?

Adoption shall have the following effects:

(1) 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;

(2) 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

(3) The adopted shall remain an intestate heir of his parents

and other blood relatives.

What are the rules governing intestate succession to the estate of the
adopted child?

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Legal or intestate succession to the estate of the adopted

shall be governed by the following rules:

(1) Legitimate and illegitimate children and descendants and

the surviving spouse of the adopted shall inherit from the adopted,
in accordance with the ordinary rules of legal or intestate
succession;

(2) When the parents, legitimate or illegitimate, or the

legitimate ascendants of the adopted concur with the adopter, they
shall divide the entire estate, one-half to be inherited by the parents
or ascendants and the other half, by the adopters;

(3) When the surviving spouse or the illegitimate children of

the adopted concur with the adopters, they shall divide the entire
estate in equal shares, one-half to be inherited by the spouse or the
illegitimate children of the adopted and the other half, by the
adopters.

(4) When the adopters concur with the illegitimate children

and the surviving spouse of the adopted, they shall divide the entire
estate in equal shares, one-third to be inherited by the illegitimate
children, one-third by the surviving spouse, and one-third by the
adopters;

(5) When only the adopters survive, they shall inherit the
entire estate; and

(6) When only collateral blood relatives of the adopted

survive, then the ordinary rules of legal or intestate succession shall
apply.

What will happen if the adoptive parents rescind the adoption of the child?

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.

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The adopters may petition the court for the judicial rescission
of the adoption in any of the following cases:

(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.

What will happen if the adopted minor has not reached the age of majority
at the time of judicial rescission?

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.

Evaluation

1. In your own community, there may be families who raise a child without the benefit of
formal and legal adoption. What problems that may arise when the “parents” of the child
who possess several properties die? What can the child do if some nieces and nephews
of either “parent” insist their claim over said properties?

2. Interview a parent who legally adopted a child. Ask his/her personal reasons why
he/she resorted to file legal adoption proceedings. What is the most difficult part of the
requirements for adoption? Or if there is no one in your community who qualifies in the
above status, find a parent who take care a child as his/her own but without the benefit
of legal adoption. Ask for the reason why he/she didn’t resort to legal means and what
are his/her concerns regarding the future of his/her “child.”

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