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Distinguish domestic adoption from inter-country adoption Domestic Adoption Governed by RA 8552, the Domestic Adoption Act of 1998;

procedure governed by AM No. 02-06-02-SC, Aug. 22, 2002. Applies to domestic adoption of Filipino children, Inter-Country Adoption Governed by RA 8043, the Inter-Country Adoption Act of 1995; procedure governed by the Amended Implementing Rules and Regulations on ICAA. Applies to adoption of a Filipino child in a foreign

where the entire adoption process beginning from the country, where the petition for adoption is filed, the filing of the petition up to the issuance of the adoption supervised trial custody is undertaken and the decree decree takes place in the Philippines. Who may be adopted of adoption is issued outside of the Philippines. Who may be adopted

A child legally available for adoption.Requisites: a) b) Below 18 years of age; and Judicially declared available for adoption.

Only a legally free child may be adopted.Requisites: a) b) Below 15 years of age; and Has been voluntarily or involuntarily committed

to the DSWD in accordance with PD 603. Exceptions: a) Legitimate son/daughter of one spouse by the

other spouse; b) Illegitimate son/daughter by a qualified

adopter; c) Person of legal age if, prior to the adoption

said person has been consistently considered and treated by the adopter/s as his/her own child since minority. Who may adopt Who may adopt

1. 1) 2)

Filipino Citizens Of legal age; In possession of full civil capacity and legal

1. 1) 2)

Filipino Citizens Permanent resident of a foreign country; Has the capacity to act and assume all rights

rights; 3) 4) Of good moral character;

and responsibilities of parental authority under Philippine laws; 3) Has undergone the appropriate counseling

Has not been convicted of any crime involving from an accredited counselor in country of domicile; 4) Has not been convicted of a crime involving

moral turpitude; 5) Emotionally and psychologically capable of

caring for children; 6) In a position to support and care for his/her

moral turpitude; 5) 6) Eligible to adopt under Philippine laws; In a position to provide the proper care and

children in keeping with the means of the family; 7) At least 16 years older than the adoptee but support and to give the necessary moral values and example to all his children, including the child to be

this latter requirement may be waived if (a) the

adopter is the biological parent of the adoptee; or (b) adopted; the adopter is the spouse of the adoptees parent; and 8) 1. 1) 2) Permanent resident of the Philippines. Aliens Same qualifications as above, and in addition: 8) His/her country has diplomatic relations with the Republic of the Philippines; 3) His/her government allows the adoptee to Residing in a country with whom the 7) Agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of the ICAA;

Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed in that country; 9) Possesses all the qualifications and none of the

enter his/her country as his/her adopted son/daughter; 4) Has been living in the Philippines for at least 3

disqualifications provided in the ICAA and in other applicable Philippine laws; 10) At least 27 years of age at the time of the

continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered; and 5) Has been certified by his/her diplomatic or

application; and 11) At least 16 years older than the child to be

consular office or any appropriate government agency adopted at the time of application, unless (a) adopted that he/she has the legal capacity to adopt in his/her is the parent by nature of the child to be adopted; or country. This requirement may be waived if (a) a former Filipino citizens seeks to adopt a relative within the 4 degree of consanguinity or affinity; (b) one seeks to adopt the legitimate son/daughter of his/her Filipino spouse; (c) one who is married to a Filipino citizen and seeks to adopt a relative within the 4th degree of consanguinity or affinity of the Filipino spouse. 2) At least 16 years older than the child to be adopted at the time of application unless the adopter 1. 1) Aliens At least 27 years of age at the time of the
th

(b) adopter is the spouse of the parent by nature of the child to be adopted.

application;

is the parent by nature of the child to be adopted or the spouse of such parent; 3) Has the capacity to act and assume all rights

and responsibilities of parental authority under his national laws; 4) Has undergone the appropriate counseling

from an accredited counselor in his/her country; 5) Has not been convicted of a crime involving

moral turpitude; 6) 7) Eligible to adopt under his/her national law; In a position to provide the proper care and

support and to give the necessary moral values and example to all his children, including the child to be adopted; 8) Agrees to uphold the basic rights of the child

as embodied under Philippine laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of the ICAA; 9) 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 laws; and 10) Possesses all the qualifications and none of the

disqualifications provided in the ICAA and in other applicable Philippine laws.

Requirement of Joint Adoption by Spouses

Requirement of Joint Adoption by Spouses

General rule: husband and wife shall jointly adopt; otherwise, the adoption shall not be

Rule: if the adopter is married, his/her spouse must jointly file for the adoption.

allowed.Exceptions: 1) If one spouse seeks to adopt the legitimate

son/daughter of the other; 2) If one spouse seeks to adopt his/her own

illegitimate son/daughter but the other spouse must give his/her consent; 3) other. If the spouses are legally separated from each

Procedure

Procedure

Where to file application: In the Family Court of the province or city where the prospective parents reside.After filing: The petition shall not be set for hearing without a case study report by a licensed social worker.

Where to file application: Either in (a) Family Court having jurisdiction over the place where the child resides or may be found, or (b) Inter-Country Adoption Board (ICAB) through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective

Supervised Trial Custody: a) Temporary parental authority is vested in

adoptive parents.After filing: (a) if filed in the FC, court determines sufficiency of petition in respect to form and substance, after which, petition is transmitted to ICAB; (b) if petition is already with

prospective adopter; b) Period is at least 6 months, but may be

ICAB, it conducts matching of the applicant with an adoptive child; (c) after matchmaking, the child is personally fetched by the applicant for the trial

reduced by the court motu propioor upon motion; c) If adopter is alien, the law mandatorily

requires completion of the 6-month trial custody and custody which takes place outside of the Philippines. may not be reduced, except if: (1) a former Filipino citizen seeks to adopt a relative within 4thdegree of consanguinity or affinity; (2) one seeks to adopt the Supervised Trial Custody: a) This process takes place outside of the country

legitimate son/daughter of his/her Filipino spouse; (3) and under the supervision of the foreign adoption 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. c) Decree of Adoption: Issued by Philippine Family Court. Consent Required: Written consent of the following to If unsuccessful, ICAB shall look for another prospective applicant. Repatriation of the child is to be resorted only as a last resort; b) For a period of 6 months; agency;

the adoption is required, in the form of affidavit: (1) adoptee, if 10 years of age or over; (2) biological

d)

If successful, ICAB transmits a written consent

for the adoption to be executed by the DSWD, and

parent/s of the child, if known, or the legal guardian, the applicant then files a petition for adoption in or the proper government instrumentality which has legal custody of the child; (3) legitimate and adopted sons or daughters, 10 years of age or over, of the adopter/s and adoptee, if any; (4) illegitimate sons/daughters, 10 years of age of over, of the adopter if living with said adopter and the latters spouse, if any; (5) spouse, if any, of the person adopting or to be adopted. Decree of Adoption: Issued by a foreign court. Consent Required: (1) Written consent of biological or adopted children above 10 years of age, in the form of sworn statement is required to be attached to the application to be filed with the FC or ICAB; (2) If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the written consent to the adoption executed by the DSWD is required. his/her country.

Domestic Adoption Act (RA 8552; AM 02-06-02-SC) Effects of adoption (1) Transfer of parental authority except in cases where the biological parent is the spouse of the adopter, the parental authority of the biological parents shall terminate and the same shall be vested in the adopters (Sec. 16). (2) Legitimacy the adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind (Sec. 17). (3) Successional rights (a) In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation (Sec. 18); (b) However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern (Sec. 18); (c) Art. 18(3) of the Family Code and Sec. 18, Art V of RA 8552 provide that the adoptee remains an intestate heir of his/her biological parent (Obiter Dictum in In re In the Matter of Adoption of Stephanie Naty Astorga Garcia, 454 SCRA 541). (4) Issuance of new certificate and first name and surname of adoptee (a) The adoption decree shall state the name by which the child is to be known(Sec. 13). An amended certificate of birth shall be issued by the Civil Registry attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname (Sec. 14); (b) The original certificate of birth shall be stamped cancelled with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue (Sec. 14); (c) All records, books, and papers relating to the adoption cases in the files of the court, the DSWD, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential

and the court may order its release under the following conditions only: (1) the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption; (2) the disclosure will be for the best interest of the adoptee; and (3) the court may restrict the purposes for which it may be used (Sec. 15). Instances when adoption may be rescinded (1) Grounds for rescission: (a) (b) (c) (d) (2) (a) Repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling; Attempt on the life of the adoptee; Sexual assault or violence; or Abandonment and failure to comply with parental obligations (Sec. 19). Prescriptive period: If incapacitated within five (5) years after he reaches the age of majority;

(b) If incompetent at the time of the adoption within five (5) years after recovery from such incompetency (Sec. 21, Rule on Adoption). Effects of rescission of adoption (1) Parental authority of the adoptees biological parent(s), if known, or the legal custody of the DSWD shall be restored if the adoptee is still a minor or incapacitated; (2) Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished; (3) Cancellation of the amended certificate of birth of the adoptee and restoration of his/her original birth certificate; and (4) Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected (Sec. 20). Inter-Country Adoption (RA 8043) (1) Inter-Country Adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued in the Philippines (Sec. 3[a]). When allowed (1) Inter-country adoptions are allowed when the same shall prove beneficial to the childs best interests, and shall serve and protect his/her fundamental rights (Sec. 2). (2) It is allowed when all the requirements and standards set forth under RA 8043 are complied with. Functions of the RTC (1) An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules and regulations (Sec. 10). Best Interest of the Minor Standard (1) In case of custody cases of minor children, the court after hearing and bearing in mind the best interest of the minor, shall award the custody as will be for the minors best interests.

(2) The totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.

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