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RULE ON DOMESTIC ADOPTION - A.M. No.

02-6-02-SC
PETITION FOR ADOPTIION
WHO MAY FILE THE PETITION?
1. Any Filipino Citizen of legal age, has not been convicted
of a crime involving moral turpitude, at least 16 years older
than adoptee, in a position to support and care for children
(16 years diference may be waived if the adopter is the
biological parent of the adoptee or the spouse of the
adopter
2. Alien possessing the same !uali"cations #$%&'()(,
a* his country has diplomatic relation with $#
b* living in $# for + continuous years
c* maintain residence until the adoption decree is
entered
d* certi"ed by his diplomatic or consular o,ce to
have the capacity to adopt
e* his government allows the adoptee to enter his
country as his adopted child
-.%/)0 re!uirements of residency and certi"cation may be
1A'&)(
2#%32)2 should adopt 4%'./56
WHAT TO CHECK IN THE PETITION
1. &eri"cation
2. 1ith a speci"c statement in the heading whether the
#etition contains an application for Change of .ame,
$ecti"cation of 2imulated 7irth, &oluntary or 'nvoluntary
Commitment of Children, (eclaration of Child as
Abandoned, (ependent or .eglected
3. 4urisdictional Facts
4. Certi"cation of .on8Forum 2hopping
(2ection 9 of A: .o* ;<8;68;<82C
WHO MAY BE ADOPTED?
1. Any person below 1= years old who has been voluntarily
committed to the (21( under Articles 1>?, 1>> and 1>6
of #( 6;+ or 43('C'A556 ()C5A$)( available for
adoption@
2. /he legitimate child of one spouse, by the other spouse@
3. An illegitimate child, by a !uali"ed adopter to raise the
status of the former to that of legitimacy
?* A person of legal age regardless of civil status, if, prior to
the adoption, said person has been consistently treated by
the adopters as their own child since minority@
. A child whose adoption has been previously rescinded@
6. A child whose biological or adoptive parents have died0
#rovided that no proceedings shall be initiated within 6
months from the time of death of said parents@
!. A child not otherwise dis!uali"ed by law or these rules
(2ection >, A: .%* ;<868;<82C
"ENUE
(to be "led with the FA:'56 C%3$/ of the city or province
1A)$) /A) #$%2#)C/'&) A(%#/'&) #A$)./2 $)2'()
(2ection 6 of A: .o* ;<8;68;<82C
RULE ON DOMESTIC ADOPTION - A.M. No. 02-6-02-SC
CONTENTS OF THE PETITION
FILIPINO ADOPTER
1. 4urisdictional Facts
2. /he adopterBs possession of all the !uali"cations
3. Adopter has undergone #$)8A(%#/'%. 2)$&'C)2 as re!uired
under 2ec* ? of $*A* .o* =>><
(2ection 9, of A: .o* ;<8;68;<82C
CONTENTS OF THE PETITION
ALIEN ADOPTER
1. 4urisdictional Facts
2. /he adopterBs possession of all the !uali"cations
3. /hat the AdopterBs country has ('#5%:A/'C $)5A/'%.2 with
the $#
4. /hat the Adopter has been C)$/'F')( by his diplomatic or
consular o,ce or any govt agency to have the 5)CA5
CA#AC'/6 to A(%#/
. /hat he has been living in the $# for at least + continuous
years prior to "ling of petition and that he maintain such
residence until the adoption decree is entered
CERTIFICATION MAY BE WAI"ED#
$. 'f the Alien Adopter is a former Filipino Citizen who seeDs to
adopt a relative within the ?
th
degree of consanguinity or
a,nity
b* if the Alien Adopter seeDs to adopt the legitimate child of his
Filipino spouse
%. if the Alien Adopter is married to a Filipino citizen and seeDs
to adopt Eointly with his spouse a relative within the fourth
degree of consanguinity or a,nity
CONTENTS OF THE PETITION
THE ADOPTER IS THE LE&AL &UARDIAN OF THE ADOPTEE
/he petition shall allege that guardianship had been
terminated and the guardian had cleared his "nancial
accountabilities
(2ection 9, of A: .o* ;<8;68;<82C
CONTENTS OF THE PETITION
IF THE ADOPTEE IS A FOUNDLIN&
/he petition shall allege the entries which should appear in
his birth certi"cate, such as name of the child, date of birth,
place of birth, if Dnown@ seF, name and citizenship of
adoptive mother and father and the date and place of their
marriage
(2ection 9, of A: .o* ;<8;68;<82C
COMMON PRO"ISIONS OF ALL PETITIONS
1. /he "rst name , surname or names, age and residence of the
adoptee as shown by his record of birth, baptismal or
foundling certi"cate and school records*
2. /hat the adoptee is not dis!uali"ed by law to be adopted*
+* /he probable value and character of the estate of the
adoptee*
?* /he "rst name, surname or names by which the adoptee is to
be Dnown and registered in the Civil $egistry*

(2ection 9, of A: .o* ;<8;68;<82C
RULE ON DOMESTIC ADOPTION - A.M. No. 02-6-02-SC
D. 'f the petitioner is an alien, certi"cation by his diplomatic or
consular o,ce
E. Aome 2tudy $eport on the Adopters, local or foreign
F. (ecree of annulment, nullity or legal separation of the
adopter as well as that of the biological parents of the adoptee
(2ection 11, of A: .o* ;<8;68;<82C
CONTENTS OF THE PETITION
RECTIFICATION OF SIMULATED BIRTH
1. #etitioner is applying for recti"cation of a simulated birth*
2. /he simulation of birth was made prior to the date of
efectivity of $A =>>< and the application for recti"cation of
the birth registration and the petition for adoption were "led
within > years from said date*
+* /he petitioner made the simulation of birth for the best
interests of the adoptee@ and
?* /he adoptee has been consistently considered and treated by
petitioner as his own child*

(2ection =, of A: .o* ;<8;68;<82C
CONTENTS OF THE PETITION
ADOPTION OF A FOUNDLIN&' AN ABANDONED'
DEPENDENT
OR NE&LECTED CHILD
1. /he facts showing that the child is a foundling, abandoned,
dependent or neglected*
2. /he names of the parents, if Dnown, and their residence* 'f
the child has no Dnown or living parents, then the name
name and residence of the guardian, if any@
+* /he name of the duly licensed child8placement agency or
individual under whose care the child is in custody and
?* /hat the (21(, child8placement or child caring agency is
authorized to give its consent*
ANNE(ES TO THE PETITION
A. 7irth 7aptismal or foundling certi"cate, as the case may be,
and school records showing the name, age and residence of
the adoptee@
7* A,davit of Consent of the following0

1* /he adoptee, if 1; years of age or over@
2*/he biological parents of the child@ if Dnown, or the legal
guardian, or the child8placement agency, child8caring
agency, or the proper govBt instrumentality which has
legal custody of the child@
3./he legitimate and adopted children of the adopter and of
the adoptee, if any, who are 1; years of age or over@
4. /he illegitimate children of the adopter living with him
who are 1; years of age or over@ and
. /he spouse, if any, of the adopter or adoptee*
C. Child 2tudy $eport on the adoptee and his biological parents
RULE ON DOMESTIC ADOPTION - A.M. No. 02-6-02-SC
HEARIN&
#etitioner and Adoptee :32/ #)$2%.A556 A##)A$*
/he C%3$/ 2AA55
1. A)A$ the testimony of petitioner
2. &)$'F6 from the 2ocial 1orDer and determine whether the
biological parent has been properly counseled against maDing
hasty decisions@ ensure that all measures to strengthen the
family have been eFhausted@ and ascertain if any prolonged
stay of the child in his own home will be inimical to his welfare
and interest
(2ection 1?, A: .o* ;<868;<82C
ORDER OF HEARIN&
't shall C%./A'.0
1. the registered name of the adoptee in the 7C and the
names by which he or she has been Dnown which shall be
stated in the caption@
2. the purpose of the petition@
3. the complete name which the adoptee will use if the petition
is granted@
4. the (A/) and #5AC) of A)A$'.C which shall be 2)/ 1'/A'.
6 :%./A2 from the (A/) of the issuance of the %$()$
. a ('$)C/'&) that a copy thereof be #375'2A)( before the
date of hearing at least %.C) a 1))G for + 23CC)22'&)
1))G2 in a newspaper of general circulation in the City
where the Family Court is 2'/3A/)(
(if with application for CAA.C) %F .A:), (A/) %F
A)A$'.C shall not be within ? months after the last
publication of the notice nor within +; days prior to an
)lection
6. a ('$)C/'&) to the 2%C'A5 1%$G)$ to prepare and submit
CA'5( and A%:) 2/3(6 $)#%$/2 before the scheduled
hearings if they have not been attached to the petition
!. a ('$)C/'&) to the 2%C'A5 1%$G)$ to conduct
C%3.2)5'.C 2)22'%.2 with the biological parents and to
submit a $)#%$/
-Copies of the %rder may be be furnished to the %2C through
City #rosecutor, the (21( and the biological parents of the
adoptee, at the ('2C$)/'%. of the Court
SUPER"ISED TRIAL CUSTODY
Adopter shall have trial custody of the Adoptee for a period of
6 MONTHS*
-Court may, motu proprio or upon motion, $)(3C) the period
or eFempt the parties if it "nds that the same shall be for the
7)2/ './)$)2/ of the Adoptee*
-An A5'). A(%#/)$, however, must complete the 68:%./A
/$'A5 C32/%(6
)Fcept under + circumstances
-2ocial 1orDer shall submit a $)#%$/ on the result of the /rial
Custody within < 1))G2 after its termination
RULE ON DOMESTIC ADOPTION - A.M. No. 02-6-02-SC
DECREE OF ABSOLUTE NULLITY
DECREE OF ANNULMENT
2AA55 7) '223)( %.56 AF/)$0
1* $egistration of the )ntry of 4udgment in the C'&'5
$)C'2/$6 where the marriage was celebrated and the
C'&'5 $)C'2/$6 where the Family Court if located
<* $egistration of the Approved #artition and
(istribution of the #roperties of the 2pouses in the
$)C2'/)$ %F ())(2 where the real properties are
located@
+* /he ()5'&)$6 of the childrenBs presumptive
legitimes in cash, property or sound securities
-shall be issued upon the "nality of the decision, if the
parties have no property
-the Court shall !uote in the (ecree the dispositive
portion of the Eudgment and attach to the (ecree the
approved (eed of #artition
-)Fcept in the case of children under Articles +6
and >+, the Court shall %$()$ the 5%CA5 C'&'5
$)C'2/$A$ to issue an A:).()( 7'$/A
C)$/'F'CA/) indicating the new status of the
children afected
DECREE OF ADOPTION
/he ()C$)) 2AA550
A* 2tate the name by which the child is to be Dnown and
registered@
7* %$()$0
1. the C5)$G %F C%3$/ to issue to the adopter a
certi"cate of "nality upon eFpiration of the 1>8day
reglementary period within which to appeal@
2. the A(%#/)$ to 237:'/ a Certi"ed /rue Copy of the
(ecree of Adoption and the Certi"cate of Finality to the
Civil $egistrar where the child was originally registered
within +; days from receipt of the Certi"cate of Finality
'n case of change of name, the (ecree shall be
submitted to the Civil $egistrar where the court issuing
the same is situated@
3* the C'&'5 $)C'2/$A$ of the place where the adoptee
was registered
$. to A..%/A/) on the adopteeBs original certi"cate of
birth the (ecree of Adoption within +; days from
receipt of the Certi"cate of Finality
). to '223) a Certi"cate of 7irth which shall not bear
any notation that it is new or amended certi"cate
%* to 2)A5 the %riginal Certi"cate of 7irth in the Civil
$egistry $ecord which can be opened only upon
%$()$ of the C%3$/ which issued the (ecree of
Adoption@
** to 237:'/ to the Court issuing the (ecree of Adoption
#$%%F %F C%:#5'A.C) with all the foregoing within
+; days from receipt of the ()C$))
BOOK OF ADOPTION
/he ClerD of Court shall Deep a 7ooD of Adoptions showing
the date of issuance of the (ecree in each case, C%:#5'A.C)
by the Civil $egistrar with 2ection 16 (7 (+ and all incidents
arising after the issuance of the ()C$))*
(2ection 19, A: .o* ;<868;<82C