LAWS on ADOPTION

PRE-BAR 2024
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995
Who may adopt: Aliens or Filipinos permanently residing abroad at least 27 years
of age and 16 years older than the adoptee unless the adopter is the parent my nature
of the child to be adopted or the spouse of such parent; if married, his/her spouse
must jointly file for the adoption.
-Adopter 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 law.
Who may be adopted: only a legally free child; and child means a person below 15
years of age.
Who shall give consent: the biological or adopted children about above 10 years of
age or over and the written consent must be in the form of a sworn statement.
Where to file the petition for adoption: either the Philippine ITC or family court
having jurisdiction over the child; or with the enter country adoption board, through
an intermediate agency in the country of the prospective adoptive parents.
Supervised Trial Custody (STC) – a period of 6 months from the time of
placement.
Effects of adoption: Adopting parents agree to uphold the basic rights of the child
as embodied under Philippine laws, and the UN Convention on the Rights of the
Child.
RA 11222 – SIMULATED BIRTH RECTIFICATION ACT
- Approved by President Rodrigo Roa Duterte on February 21, 2019, to take
effect 15 days after publication.
- CHILD – person below years of age or over who is unable to fully take care
of herself himself or protect herself himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or
condition, whose birth was simulated.
- FOUNDLING - a child who is abandoned and whose parentage is unknown.
- SIMULATION OF BIRTH RECORD - tampering of the civil registry to make
it appear in the record of birth that a child was born to a person who is not
such child's biological mother, causing the loss of the true identity and status
of such child.
- Petition - form of an affidavit and subscribed to by the petitioner. Documents
to be attached:
a. Copy of simulated birth or foundling certificate of the child;
b. Affidavit of admission of the simulation of birth if done by a third
person;
c. Certificate issued and signed by punong barangay stating, among
others, that the child has been living with petitioner for at least three
years prior to the effectivity of this act;
d. Affidavits of at least two disinterested persons residents in the same
barangay where the child resides attesting that the child has been
living with petitioner for at least three years prior to effectivity of
RA 11222;
e. CDCLAA it should better the DSWD; and
f. Photographs of the child and petitioner taken within the last three
months prior to the filing of the petition.
 - Exception to the CDCLAA:
If adoptee is already an adult or a relative of the adopter within the 4th degree
of consanguinity or affinity.
- Determination on the approval of petition by the Secretary of the DSWD -
best interest of the child.
- An administrative adoption under this Act shall have the same effect as a
decree of adoption issued pursuant to Republic of 8552.
- Section 15 - considered legitimate child of the adopter.
- Section 17 on legal and interstate succession, the adapter and adoptee shall
have reciprocal rights of succession without distinction from legitimate
filiation.
Exception if adoptee and the latter’s biological parents left a will, the law on
testamentary succession shall govern.
- Section 18 grounds for rescisssion:
a. Repeated physical or verbal maltreatment by the adopter;
b. Attempt on the life of the adoptee;
c. Sexual assault or violence;
d. Abandonment and failure to comply with parental obligations; or
e. Other acts that are detrimental to the psychological and emotional
development of the adoptee.
- Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter. The adopter, however, may disinherit the adoptee
for causes provided in article 919 of the Civil Code.
Section 20 - Effects of Recession. The parental authority of the adoptee’s biological
parents, if known, shall be restored if the adoptee is still a minor or incapacitated.
The reciprocal rights and obligations of the adopter and the adoptee to each other
shall be extinguished.
- Successional rights shall revert to the status prior to adoption but only as of
the date of judgment of administrative rescission. Vested rights acquired prior
to administrative rescission shall be respected.
Section 21 – Penalties
REPUBLIC ACT 11642 -DOMESTIC ADMINISTRATIVE ADOPTION AND
ALTERNATIVE CHILD CARE ACT
Section 21- Who May Adopt:
- If Filipino - 25 years old and 16 years difference exception same as Ra 8552
or the Domestic Adoption Act of 1998.
- Foreign nationals permanent or habitual residents of the Philippines for at
least five years provided that they come from a country with diplomatic
relations with the Philippines
- Laws of adopter’s country will acknowledge the Certificate of Adoption as
valid, acknowledge the child as a legal child of the adopters and allow entry
of the child into such country as adoptee.
- Refer a residency requirement of five years:
1. Former Filipino citizen habitually residing in the Philippines, who seeks to
adopt a relative within the 4th civil degree of consanguinity or affinity;
2. One who seeks to adopt the legitimate child the Filipino spouse;
3. One who is married to a Filipino citizen and seeks to adopt jointly with the
spouse a relative within the 4th degree of consanguinity or affinity of the
Filipino spouse.
Section 22- Who May Be Adopted:
1. Any child who has been issued a CDCLAA or Certificate Declaring Child
Legally Available for Adoption.
2. Legitimate child of the spouse by the other spouse.
3. An illegitimate child by a qualified adopter to improve status of legitimacy.
4. A Filipino of legal age if, prior to adoption, said person has been
consistently considered and treated by the adopters as their own child for
a period for at least three years.
5. A foster child.
6. A child whose adoption has been previously rescinded.
7. A child whose biological or adoptive parents have died. Provided: no
proceedings shall be initiated within six months from the time of death of
said parents.
8. A relative of the adopter.
Section 23 - Whose Consent is Necessary same as RA 8552
Form – Written consent
NEW: children under 10 years of age shall be counseled and consulted but not
required to execute written consent.
Section 25 - Case Study
Section 29 - Supervised Trial Custody (STC)
- Waiver of STC - stepchild, relative, infant or adult adoptions
- For regular cases - maybe reduced or waived depending on the assessment
and recommendation of the adoption social worker.
Section 31- Where to File Petition for Adoption – NACC
Section 34 - Order of Adoption issued by the NACC through its executive director
and the order shall state the name by which the child shall be known.
Section 36 - Benefits granted to adoptive parents
- GSIS, SSS, DOLE, BIR,PHILHEALTH, HMO
- paid maternity/paternity benefits/ leaves but can only be availed of within one
year from the issuance of the order of adoption but not available in cases of
adult adoption and in all cases where the adopted child has been in the care
and custody of the adoptive parents for at least three years before the issuance
of the order of adoption.
Section 41 effects of adoption
New: The legitimate filiation that is created between the adopter and the
adoptee shall be extended to the adopters’ parents, adopters’ legitimate siblings, and
legitimate descendants.
Section 43 - on succession
- If adopted dies intestate Article 190 of the Family Code shall govern.
Section 47 –grounds for rescission.
- Only the adoptee can rescind the decree of adoption based on best interest of
the child principle.
Section 51 - effect of decision granting rescission
- Order that parental authority restored, upon petition of the biological parents.
If no petition or biological parent are not known - NAC shall take legal
custody over the adoptee if still a child.
Section 53 - effects of recession
 - If parents can prove that they are in the best position to support and care for
the child and it is the child's best interest, the biological parents may petition
the NACC for the restoration of parental authority.
EFFECTIVITY – 15 DAYS AFTER ITS PUBLICATION. APPROVED JANUARY
6, 2022. PUBLISHED IN THE OFFICIAL GAZETTE (VOL. 118, NO. 4, P. 496)
ON JANUARY 24, 2022.