Ateneo de Davao UniversityCollege of Law

Persons and Family Relations (MANRESA 2008)

READING

The Family Code

Appendix C
FOR PROOF-

LAWS ON ADOPTION
Inter-Country Adoption
Act of 1995

Domestic Adoption Act of 1998

(RA 8552) approved on February 25, 1998

(RA 8043) approved on June 7, 1995

Common Provisions
Adopter must be at least 16 years older than the adopted except:
a. Adopter is the biological parent; or
b. Adopter is the spouse of such parent (under the FC, the spouse of the legitimate parent of the
person to be adopted).
If an alien, he/she must come from a country with whom the Philippines has diplomatic relations.
Trial custody for a period of at least 6 months, but under RA 8552, if adopter is a Filipino, the period
may be reduced if the court finds the same to be in the best interest of the adopted.
If married, husband and wife must jointly adopt, except:
When one spouse seeks to adopt
a. When one spouse seeks to adopt
his own illegitimate child; or
the legitimate child of the other; or
When one spouse seeks to adopt
b. One spouse seeks to adopt his/her
the legitimate child of the other.
illegitimate child provided the
other spouse signified his/her
consent thereto; or
c. If the spouses are legally
separated.
Qualifications
Filipinos with full civil capacity and Aliens
or
Filipinos Filipinos with full civil capacity and
residing
legal rights (not suffering from civil permanently
legal rights
abroad, and at least 27
interdiction)
years old
Aliens
possessing
the
same
Aliens are not qualified UNLESS,:
qualifications as Filipino nationals;
a. A former Filipino citizen who
living in the Philippines for 3
seeks to adopt a relative by
continuous years prior to the filing
consanguinity;
of the petition and maintains such
b. One seeking to adopt the
residence until the decree is
legitimate
child of his/her
entered.
Filipino spouse; and
c. If one is married to a Filipino
Exceptions
to
the
residency
citizen and seeks to adopt
requirement and certification of the
jointly with his/her spouse a
aliens qualification:
relative by consanguinity of the
a. A former Filipino citizen who seeks
latter (Art. 184, par. [3]).
to adopt a relative within the 4 th
civil degree of consanguinity or
Guardians are allowed but only
affinity;
b. One who seeks to adopt the
after
the
termination
of
legitimate child of the Filipino
guardianship and clearance of
spouse; or
financial accountabilities.
c. One who is married to a Filipino
citizen and seeks to adopt jointly
with his/her spouse a relative
within
the
4th
degree
of
consanguinity or affinity of the
Filipino spouse.
Who may be adopted
Only minors may be adopted, Only a legally free child 1. Any person below eighteen (18)
except:
years of age who has been
(a child who has been
a. Child by nature of the adopter
administratively
or
judicially
voluntarily
or
or his/her spouse; or
declared available for adoption;
involuntarily committed
b. Said
person
had
been
2. The legitimate son/daughter of one
to the DSWD)
consistently treated by the
spouse by the other spouse;
adopter as his/her own child
3. An illegitimate son/daughter by a
during minority.
qualified
adopter
to
improve
Child means a person
An alien with whose government below 15 years of age,
his/her status to that of legitimacy;
the RP has diplomatic relations; and unless sooner emancipated 4. A person of legal age if, prior to
An adopted child whose adoption by law.
the adoption, said person has been
has been revoked or rescinded.
consistently
considered
and
treated by the adopter(s) as
his/her own child since minority;
5. A child whose adoption has been
previously rescinded; or

a.
b.

1.

2.
3.

Ateneo de Davao UniversityCollege of Law

Persons and Family Relations (MANRESA 2008)
READING

Appendix C
FOR PROOF-

6. A

child whose biological or

adoptive
parent(s)
has
died:
Provided, That no proceedings
shall be initiated within six (6)
months from the time of death of
said parent(s).

Whose written consent is required

1. The person to be adopted if 10 The biological or adopted 1.
years old or over;
children above 10 years of
2. Parents by nature of child, or legal age, the written consent 2.
guardian, or proper government must be in the form of
entity;
sworn statement
3. Legitimate and adopted children, 10
years old or over, of the adopter;
4. Illegitimate children, 10 years old or
3.
over, of the adopter, if living with
the adopter and the latters spouse,
if any;
5. Spouse, if any, of the adopter or
4.
adopted.

The adoptee, if ten (10) years of

age or over;
The biological parent(s) of the
child, if known, or the legal
guardian,
or
the
proper
government instrumentality which
has legal custody of the child;
The
legitimate
and
adopted
sons/daughters, ten (10) years of
age or over, of the adopter(s) and
adoptee, if any;
The illegitimate sons/daughters,
ten (10) years of age or over, of
the adopter if living with said
adopter and the latter's spouse, if
any; and
5. The spouse, if any, of the person
adopting or to be adopted.

Family Court (RTC)

1. Legitimate child of adopter, both

shall
acquire
the
reciprocal
obligations
arising
from
the
relationship of parent and child
including the use of surname of
the adopters;
2. Parental authority of parents by
nature terminates except if the
adopter is the spouse of the
biological parent of the adopted
then parental authority shall be
exercised jointly by both spouses;
3. The adopted shall remain an
intestate heir of his parents and
other blood relatives

Both the adopter/s or adoptee may

rescind

Where to file
a. RTC
(designated
as
Family Court) having
jurisdiction
over
the
child; or
b. With the Inter-Country
Adoption Board, thru an
intermediate agency, in
the
country
of
the
prospective
adoptive
parents
Effects
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.

Availability of Rescission
Silent on this point

Family Court (RTC)

1. Parental authority of parents by

nature terminates except if the
adopter is the spouse of the
biological parent of the adopted
then parental authority shall be
exercised jointly by both spouses;
2. Entitled to all the rights and
obligations provided by law to
legitimate sons/daughters born to
them without discrimination of any
kind;
3. In legal and intestate succession,
the adopter(s) and the adoptee
shall have reciprocal rights of
succession without distinction from
legitimate filiation. However, if the
adoptee and his/her biological
parent(s) had left a will, the law on
testamentary
succession
shall
govern.
Only the adoptee may ask for
rescission. BUT the adopter may
disinherit the adopted for causes
provided under Art. 919 of the NCC.

Grounds for Rescission

ADOPTER:
1. Adopted
committed
any
act
constituting
a
ground
for
disinheriting a descendant; or
2. Adopted has abandoned the house

ADOPTEE:
1. Repeated physical and verbal
maltreatment by the adopters
despite counseling;
2. Attempt in the life of the adopted;

Ateneo de Davao UniversityCollege of Law

Persons and Family Relations (MANRESA 2008)
READING

Appendix C
FOR PROOF-

of the adopters during minority for

a period of 1 year, or, by some
other acts, has definitely repudiated
the adoption.

3. Sexual assault or violence; or

4. Abandonment or failure to comply
with parental obligations.

ADOPTEE:
- Same grounds for the loss or
suspension of parental authority
under the FC
Effects of Rescission
1. Parental authority of the parents by
nature is restored;
2. Extinguishment of reciprocal rights
and
obligations
between
the
adopters and the adopted;
3. Loss of right to use the surname of
the adopter;
4. Amendment of records in the civil
registry.

1. Parental authority of the parents

by nature is restored;
2. Extinguishment of reciprocal rights
and obligations
between the
adopters and the adopted;
3. Successional rights shall revert to
its status prior to the adoption but
only as of the date of judgment of
rescission,
but
vested
rights
acquired shall be respected.
4. Amendment of records in the civil
registry.