RULE ON ADOPTION A. DOMESTIC ADOPTION SECTION 1. Applicability of the Rule.

This Rule covers the domestic adoption of Filipino children. SEC. 2. Objectives. a! The "est interests of the child shall "e the paramount consideration in all matters relatin# to his care$ custod% and adoption$ in accordance &ith 'hilippine la&s$ the (nited Nations (N! Convention on the Ri#hts of the Child$ (N )eclaration on Social and *e#al 'rinciples Relatin# to the 'rotection and +elfare of Children &ith Special Reference to Foster 'lacement and ,doption$ Nationall% and Internationall%$ and the -a#ue Convention on the 'rotection of Children and Cooperation in Respect of Inter.countr% ,doption. "! The State shall provide alternative protection and assistance throu#h foster care or adoption for ever% child &ho is a foundlin#$ ne#lected$ orphaned$ or a"andoned. To this end$ the State shall/ i! ensure that ever% child remains under the care and custod% of his parents and is provided &ith love$ care$ understandin# and securit% for the full and harmonious development of his personalit%. Onl% &hen such efforts prove insufficient and no appropriate placement or adoption &ithin the child0s e1tended famil% is availa"le shall adoption "% an unrelated person "e considered. ii! safe#uard the "iolo#ical parents from ma2in# hast% decisions in relin3uishin# their parental authorit% over their child4 iii! prevent the child from unnecessar% separation from his "iolo#ical parents4 iv! conduct pu"lic information and educational campai#ns to promote a positive environment for adoption4 v! ensure that #overnment and private sector a#encies have the capacit% to handle adoption in3uiries$ process domestic adoption applications and offer adoption.related services includin#$ "ut not limited to$ parent preparation and post. adoption education and counselin#4 vi! encoura#e domestic adoption so as to preserve the child0s identit% and culture in his native land$ and onl% &hen this is not availa"le shall inter.

countr% adoption "e considered as a last resort4 and vii! protect adoptive parents from attempts to distur" their parental authorit% and custod% over their adopted child.

,n% voluntar% or involuntar% termination of parental authorit% shall "e administrativel% or 5udiciall% declared so as to esta"lish the status of the child as 6le#all% availa"le for adoption7 and his custod% transferred to the )epartment of Social +elfare and )evelopment or to an% dul% licensed and accredited child.placin# or child. carin# a#enc%$ &hich entit% shall "e authori8ed to ta2e steps for the permanent placement of the child. SEC. 9. Definition of Terms. For purposes of this Rule/ a! 6Child7 is a person "elo& ei#hteen 1:! %ears of a#e at the time of the filin# of the petition for adoption. "! 6, child le#all% availa"le for adoption7 refers to a child &ho has "een voluntaril% or involuntaril% committed to the )epartment or to a dul% licensed and accredited child.placin# or child.carin# a#enc%$ freed of the parental authorit% of his "iolo#ical parents$ or in case of rescission of adoption$ his #uardian or adopter s!. c! 6;oluntaril% committed child7 is one &hose parents 2no&in#l% and &illin#l% relin3uish parental authorit% over him in favor of the )epartment. d! 6Involuntaril% committed child7 is one &hose parents$ 2no&n or un2no&n$ have "een permanentl% and 5udiciall% deprived of parental authorit% over him due to a"andonment4 su"stantial$ continuous or repeated ne#lect and a"use4 or incompetence to dischar#e parental responsi"ilities. e! 6Foundlin#7 refers to a deserted or a"andoned infant or child &hose parents$ #uardian or relatives are un2no&n4 or a child committed to an orphana#e or charita"le or similar institution &ith un2no&n facts of "irth and parenta#e and re#istered in the Civil Re#ister as a 6foundlin#.7 f! 6,"andoned child7 refers to one &ho has no proper parental care or #uardianship or &hose parents have deserted him for a period of at least si1 <! continuous months and has "een 5udiciall% declared as such. #! 6)ependent child7 refers to one &ho is &ithout a parent$ #uardian or custodian or one &hose parents$ #uardian or other custodian for #ood cause desires to "e relieved of his care and

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custod% and is dependent upon the pu"lic for support. h! 6Ne#lected child7 is one &hose "asic needs have "een deli"eratel% not attended to or inade3uatel% attended to$ ph%sicall% or emotionall%$ "% his parents or #uardian. i! 6'h%sical ne#lect7 occurs &hen the child is malnourished$ ill.clad and &ithout proper shelter. 5! 6Emotional ne#lect7 e1ists &hen a child is raped$ seduced$ maltreated$ e1ploited$ over&or2ed or made to &or2 under conditions not conducive to #ood health or made to "e# in the streets or pu"lic places$ or placed in moral dan#er$ or e1posed to dru#s$ alcohol$ #am"lin#$ prostitution and other vices. 2! 6Child.placement a#enc%7 refers to an a#enc% dul% licensed and accredited "% the )epartment to provide comprehensive child &elfare services includin#$ "ut not limited to$ receivin# applications for adoption$ evaluatin# the prospective adoptive parents and preparin# the adoption home stud% report. l! 6Child.carin# a#enc%7 refers to an a#enc% dul% licensed and accredited "% the )epartment that provides 2=.hour residential care services for a"andoned$ orphaned$ ne#lected or voluntaril% committed children. m! 6)epartment7 refers to the )epartment of Social +elfare and )evelopment. n! 6)eed of ;oluntar% Commitment7 refers to the &ritten and notari8ed instrument relin3uishin# parental authorit% and committin# the child to the care and custod% of the )epartment e1ecuted "% the child0s "iolo#ical parents or in their a"sence$ mental incapacit% or death$ "% the child0s le#al #uardian$ to "e &itnessed "% an authori8ed representative of the )epartment after counselin# and other services have "een made availa"le to encoura#e the "iolo#ical parents to 2eep the child. o! 6Child Stud% Report7 refers to a stud% made "% the court social &or2er of the child0s le#al status$ placement histor%$ ps%cholo#ical$ social$ spiritual$ medical$ ethno. cultural "ac2#round and that of his "iolo#ical famil% needed in determinin# the most appropriate placement for him. p! 6-ome Stud% Report7 refers to a stud% made "% the court social &or2er of the motivation and capacit% of the prospective adoptive parents to provide a home that meets the needs of a child. 3! 6Supervised trial custod%7 refers to the period of time durin# &hich a social &or2er oversees the ad5ustment and emotional readiness of "oth adopters and adoptee in sta"ili8in# their filial relationship. r! 6*icensed Social +or2er7 refers to one &ho possesses a de#ree in "achelor of science in social &or2 as a minimum educational re3uirement and &ho has passed the #overnment licensure e1amination for social &or2ers as re3uired "% Repu"lic ,ct No. =9>9.

s! 6Simulation of "irth7 is the tamperin# of the civil re#istr% to ma2e it appear in the "irth records that a certain child &as "orn to a person &ho is not his "iolo#ical mother$ thus causin# such child to lose his true identit% and status. t! 6?iolo#ical 'arents7 refer to the child0s mother and father "% nature. u! 6're.,doption Services7 refer to ps%cho.social services provided "% professionall%.trained social &or2ers of the )epartment$ the social services units of local #overnments$ private and #overnment health facilities$ Famil% Courts$ licensed and accredited child.carin# and child.placement a#encies and other individuals or entities involved in adoption as authori8ed "% the )epartment. v! 6Residence7 means a person0s actual sta% in the 'hilippines for three 9! continuous %ears immediatel% prior to the filin# of a petition for adoption and &hich is maintained until the adoption decree is entered. Temporar% a"sences for professional$ "usiness$ health$ or emer#enc% reasons not e1ceedin# si1t% <@! da%s in one 1! %ear does not "rea2 the continuit% re3uirement. &! 6,lien7 refers to an% person$ not a Filipino citi8en$ &ho enters and remains in the 'hilippines and is in possession of a valid passport or travel documents and visa. SEC. =. Who may adopt. The follo&in# ma% adopt/ 1! ,n% Filipino citi8en of le#al a#e$ in possession of full civil capacit% and le#al ri#hts$ of #ood moral character$ has not "een convicted of an% crime involvin# moral turpitude4 &ho is emotionall% and ps%cholo#icall% capa"le of carin# for children$ at least si1teen 1<! %ears older than the adoptee$ and &ho is in a position to support and care for his children in 2eepin# &ith the means of the famil%. The re3uirement of a 1<.%ear difference "et&een the a#e of the adopter and adoptee ma% "e &aived &hen the adopter is the "iolo#ical parent of the adoptee or is the spouse of the adoptee0s parent4 2! ,n% alien possessin# the same 3ualifications as a"ove.stated for Filipino nationals/ Provided$ That his countr% has diplomatic relations &ith the Repu"lic of the 'hilippines$ that he has "een livin# in the 'hilippines for at least three 9! continuous %ears prior to the filin# of the petition for adoption and maintains such residence until the adoption decree is entered$ that he has "een certified "% his diplomatic or consular office or an% appropriate #overnment a#enc% to have the le#al capacit% to adopt in his countr%$ and that his #overnment allo&s the adoptee to

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enter his countr% as his adopted child. Provided, further$ That the re3uirements on residenc% and certification of the alien0s 3ualification to adopt in his countr% ma% "e &aived for the follo&in#/ i! a former Filipino citi8en &ho see2s to adopt a relative &ithin the fourth =th! de#ree of consan#uinit% or affinit%4 or ii! one &ho see2s to adopt the le#itimate child of his Filipino spouse4 or iii! one &ho is married to a Filipino citi8en and see2s to adopt 5ointl% &ith his spouse a relative &ithin the fourth =th! de#ree of consan#uinit% or affinit% of the Filipino spouse. 9! The #uardian &ith respect to the &ard after the termination of the #uardianship and clearance of his financial accounta"ilities. -us"and and &ife shall 5ointl% adopt$ e1cept in the follo&in# cases/ i! if one spouse see2s to adopt the le#itimate child of one spouse "% the other spouse4 or ii! if one spouse see2s to adopt his o&n ille#itimate child/ Provided, ho ever$ That the other spouse has si#nified his consent thereto4 or iii! if the spouses are le#all% separated from each other. In case hus"and and &ife 5ointl% adopt or one spouse adopts the ille#itimate child of the other$ 5oint parental authorit% shall "e e1ercised "% the spouses. SEC. A. Who may be adopted. The follo&in# ma% "e adopted/ 1! ,n% person "elo& ei#hteen 1:! %ears of a#e &ho has "een voluntaril% committed to the )epartment under ,rticles 1A=$ 1AA and 1A< of '.). No. <@9 or 5udiciall% declared availa"le for adoption4 2! The le#itimate child of one spouse$ "% the other spouse4

9! ,n ille#itimate child$ "% a 3ualified adopter to raise the status of the former to that of le#itimac%4 =! , person of le#al a#e re#ardless of civil status$ if$ prior to the adoption$ said person has "een consistentl% considered and treated "% the adopters as their o&n child since minorit%4 A! , child &hose adoption has "een previousl% rescinded4 or <! , child &hose "iolo#ical or adoptive parents have died/ Provided$ That no proceedin#s shall "e initiated &ithin si1 <! months from the time of death of said parents. >! , child not other&ise dis3ualified "% la& or these rules. SEC. <. !enue. The petition for adoption shall "e filed &ith the Famil% Court of the province or cit% &here the prospective adoptive parents reside. SEC. >. "ontents of the Petition. The petition shall "e verified and specificall% state at the headin# of the initiator% pleadin# &hether the petition contains an application for chan#e of name$ rectification of simulated "irth$ voluntar% or involuntar% commitment of children$ or declaration of child as a"andoned$ dependent or ne#lected. 1! If the adopter is a Filipino citi8en$ the petition shall alle#e the follo&in#/ a! The 5urisdictional facts4 "! That the petitioner is of le#al a#e$ in possession of full civil capacit% and le#al ri#hts4 is of #ood moral character4 has not "een convicted of an% crime involvin# moral turpitude4 is emotionall% and ps%cholo#icall% capa"le of carin# for children4 is at least si1teen 1<! %ears older than the adoptee$ unless the adopter is the "iolo#ical parent of the adoptee or is the spouse of the adoptee0s parent4 and is in a position to support and care for his children in 2eepin# &ith the means of the famil% and has under#one pre.adoption services as re3uired "% Section = of Repu"lic ,ct No. :AA2. 2! If the adopter is an alien$ the petition shall alle#e the follo&in#/ a! The 5urisdictional facts4 "! Su".para#raph 1 "! a"ove4 c! That his countr% has diplomatic relations &ith the Repu"lic of the 'hilippines4 d! That he has "een certified "% his diplomatic or consular office or an% appropriate #overnment a#enc% to have the le#al capacit% to adopt in his countr% and his #overnment allo&s the adoptee to enter his countr% as his adopted child

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and reside there permanentl% as an adopted child4 and e! That he has "een livin# in the 'hilippines for at least three 9! continuous %ears prior to the filin# of the petition and he maintains such residence until the adoption decree is entered. The re3uirements of certification of the alien0s 3ualification to adopt in his countr% and of residenc% ma% "e &aived if the alien/ i! is a former Filipino citi8en &ho see2s to adopt a relative &ithin the fourth de#ree of consan#uinit% or affinit%4 or ii! see2s to adopt the le#itimate child of his Filipino spouse4 or iii! is married to a Filipino citi8en and see2s to adopt 5ointl% &ith his spouse a relative &ithin the fourth de#ree of consan#uinit% or affinit% of the Filipino spouse. 9! If the adopter is the le#al #uardian of the adoptee$ the petition shall alle#e that #uardianship had "een terminated and the #uardian had cleared his financial accounta"ilities. =! If the adopter is married$ the spouse shall "e a co.petitioner for 5oint adoption e1cept if/ a! one spouse see2s to adopt the le#itimate child of the other$ or "! if one spouse see2s to adopt his o&n ille#itimate child and the other spouse si#nified &ritten consent thereto$ or c! if the spouses are le#all% separated from each other. A! If the adoptee is a foundlin#$ the petition shall alle#e the entries &hich should appear in his "irth certificate , such as name of child$ date of "irth$ place of "irth$ if 2no&n4 se1$ name and citi8enship of adoptive mother and father$ and the date and place of their marria#e. <! If the petition pra%s for a chan#e of name$ it shall also state the cause or reason for the chan#e of name. In all petitions$ it shall "e alle#ed/ a! The first name$ surname or names$ a#e and residence of the adoptee as sho&n "% his record of "irth$ "aptismal or foundlin# certificate and school records. "! That the adoptee is not dis3ualified "% la& to "e adopted. c! The pro"a"le value and character of the estate of the adoptee.

d! The first name$ surname or names "% &hich the adoptee is to "e 2no&n and re#istered in the Civil Re#istr%. , certification of non.forum shoppin# shall "e included pursuant to Section A$ Rule > of the 1BB> Rules of Civil 'rocedure. Sec. :. Rectification of #imulated $irth. In case the petition also see2s rectification of a simulated of "irth$ it shall alle#e that/ a! a! 'etitioner is appl%in# for rectification of a simulated "irth4 "! "! The simulation of "irth &as made prior to the date of effectivit% of Repu"lic ,ct No. :AA2 and the application for rectification of the "irth re#istration and the petition for adoption &ere filed &ithin five %ears from said date4 c! c! The petitioner made the simulation of "irth for the "est interests of the adoptee4 and d! d! The adoptee has "een consistentl% considered and treated "% petitioner as his o&n child. SEC. B. Adoption of a foundlin%, an abandoned, dependent or ne%lected child . In case the adoptee is a foundlin#$ an a"andoned$ dependent or ne#lected child$ the petition shall alle#e/ a! a! The facts sho&in# that the child is a foundlin#$ a"andoned$ dependent or ne#lected4 "! "! The names of the parents$ if 2no&n$ and their residence. If the child has no 2no&n or livin# parents$ then the name and residence of the #uardian$ if an%4 c! c! The name of the dul% licensed child. placement a#enc% or individual under &hose care the child is in custod%4 and d! d! That the )epartment$ child. placement or child.carin# a#enc% is authori8ed to #ive its consent. SEC. 1@. "han%e of name. In case the petition also pra%s for chan#e of name$ the title or caption must contain/ a! a! The re#istered name of the child4

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"! c!

"! ,liases or other names "% &hich the child has "een 2no&n4 and c! The full name "% &hich the child is to "e 2no&n.

SEC. 11. Anne&es to the Petition. The follo&in# documents shall "e attached to the petition/ ,. ?irth$ "aptismal or foundlin# certificate$ as the case ma% "e$ and school records sho&in# the name$ a#e and residence of the adoptee4 ?. ,ffidavit of consent of the follo&in#/ 1. The adoptee$ if ten 1@! %ears of a#e or over4 2. The "iolo#ical parents of the child$ if 2no&n$ or the le#al #uardian$ or the child.placement a#enc%$ child.carin# a#enc%$ or the proper #overnment instrumentalit% &hich has le#al custod% of the child4 9. The le#itimate and adopted children of the adopter and of the adoptee$ if an%$ &ho are ten 1@! %ears of a#e or over4 =. The ille#itimate children of the adopter livin# &ith him &ho are ten 1@! %ears of a#e or over4 and A. The spouse$ if an%$ of the adopter or adoptee. C. Child stud% report on the adoptee and his "iolo#ical parents4 ). If the petitioner is an alien$ certification "% his diplomatic or consular office or an% appropriate #overnment a#enc% that he has the le#al capacit% to adopt in his countr% and that his #overnment allo&s the adoptee to enter his countr% as his o&n adopted child unless e1empted under Section = 2!4 E. -ome stud% report on the adopters. If the adopter is an alien or residin# a"road "ut 3ualified to adopt$ the home stud% report "% a forei#n adoption a#enc% dul% accredited "% the Inter.Countr% ,doption ?oard4 and F. )ecree of annulment$ nullit% or le#al separation of the adopter as &ell as that of the "iolo#ical parents of the adoptee$ if an%. SEC. 12. Order of 'earin%. If the petition and attachments are sufficient in form and su"stance$ the court shall issue an order &hich shall contain the follo&in#/ 1! the re#istered name of the adoptee in the "irth certificate and the names "% &hich the adoptee has "een 2no&n &hich shall "e stated in the caption4 2! the purpose of the petition4

9! the complete name &hich the adoptee &ill use if the petition is #ranted4 =! the date and place of hearin# &hich shall "e set &ithin si1 <! months from the date of the issuance of the order and shall direct that a cop% thereof "e pu"lished "efore the date of hearin# at least once a &ee2 for three successive &ee2s in a ne&spaper of #eneral circulation in the province or cit% &here the court is situated4 Provided$ that in case of application for chan#e of name$ the date set for hearin# shall not "e &ithin four =! months after the last pu"lication of the notice nor &ithin thirt% 9@! da%s prior to an election. The ne&spaper shall "e selected "% raffle under the supervision of the E1ecutive Cud#e. A! a directive to the social &or2er of the court$ the social service office of the local #overnment unit or an% child. placin# or child.carin# a#enc%$ or the )epartment to prepare and su"mit child and home stud% reports "efore the hearin# if such reports had not "een attached to the petition due to unavaila"ilit% at the time of the filin# of the latter4 and <! a directive to the social &or2er of the court to conduct counselin# sessions &ith the "iolo#ical parents on the matter of adoption of the adoptee and su"mit her report "efore the date of hearin#. ,t the discretion of the court$ copies of the order of hearin# shall also "e furnished the Office of the Solicitor Deneral throu#h the provincial or cit% prosecutor$ the )epartment and the "iolo#ical parents of the adoptee$ if 2no&n. If a chan#e in the name of the adoptee is pra%ed for in the petition$ notice to the Solicitor Deneral shall "e mandator%. SEC. 19. "hild and 'ome #tudy Reports. In preparin# the child stud% report on the adoptee$ the concerned social &or2er shall verif% &ith the Civil Re#istr% the real identit% and re#istered name of the adoptee. If the "irth of the adoptee &as not re#istered &ith the Civil Re#istr%$ it shall "e the responsi"ilit% of the social &or2er to re#ister the adoptee and secure a certificate of foundlin# or late re#istration$ as the case ma% "e. The social &or2er shall esta"lish that the child is le#all% availa"le for adoption and the documents in support thereof are valid and authentic$ that the adopter has sincere intentions and that the adoption shall inure to the "est interests of the child. In case the adopter is an alien$ the home stud% report must sho& the le#al capacit% to

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adopt and that his #overnment allo&s the adoptee to enter his countr% as his adopted child in the a"sence of the certification re3uired under Section > "! of Repu"lic ,ct No. :AA2. If after the conduct of the case studies$ the social &or2er finds that there are #rounds to den% the petition$ he shall ma2e the proper recommendation to the court$ furnishin# a cop% thereof to the petitioner. SEC. 1=. 'earin%. (pon satisfactor% proof that the order of hearin# has "een pu"lished and 5urisdictional re3uirements have "een complied &ith$ the court shall proceed to hear the petition. The petitioner and the adoptee must personall% appear and the former must testif% "efore the presidin# 5ud#e of the court on the date set for hearin#. The court shall verif% from the social &or2er and determine &hether the "iolo#ical parent has "een properl% counseled a#ainst ma2in# hast% decisions caused "% strain or an1iet% to #ive up the child4 ensure that all measures to stren#then the famil% have "een e1hausted4 and ascertain if an% prolon#ed sta% of the child in his o&n home &ill "e inimical to his &elfare and interest. SEC. 1A. #upervised Trial "ustody. ?efore issuance of the decree of adoption$ the court shall #ive the adopter trial custod% of the adoptee for a period of at least si1 <! months &ithin &hich the parties are e1pected to ad5ust ps%cholo#icall% and emotionall% to each other and esta"lish a "ondin# relationship. The trial custod% shall "e monitored "% the social &or2er of the court$ the )epartment$ or the social service of the local #overnment unit$ or the child.placement or child.carin# a#enc% &hich su"mitted and prepared the case studies. )urin# said period$ temporar% parental authorit% shall "e vested in the adopter. The court ma%$ motu proprio or upon motion of an% part%$ reduce the period or e1empt the parties if it finds that the same shall "e for the "est interests of the adoptee$ statin# the reasons therefor. ,n alien adopter ho&ever must complete the <.month trial custod% e1cept the follo&in#/ a! a former Filipino citi8en &ho see2s to adopt a relative &ithin the fourth =th! de#ree of consan#uinit% or affinit%4 or "! one &ho see2s to adopt the le#itimate child of his Filipino spouse4 or c! one &ho is married to a Filipino citi8en and see2s to adopt 5ointl% &ith his or her spouse the latter0s relative &ithin the fourth =th! de#ree of consan#uinit% or affinit%. If the child is "elo& seven >! %ears of a#e and is placed &ith the prospective adopter

throu#h a pre.adoption placement authorit% issued "% the )epartment$ the court shall order that the prospective adopter shall en5o% all the "enefits to &hich the "iolo#ical parent is entitled from the date the adoptee is placed &ith him. The social &or2er shall su"mit to the court a report on the result of the trial custod% &ithin t&o &ee2s after its termination. SEC. 1<. Decree of Adoption. If the supervised trial custod% is satisfactor% to the parties and the court is convinced from the trial custod% report and the evidence adduced that the adoption shall redound to the "est interests of the adoptee$ a decree of adoption shall "e issued &hich shall ta2e effect as of the date the ori#inal petition &as filed even if the petitioners die "efore its issuance. The decree shall/ ,. State the name "% &hich the child is to "e 2no&n and re#istered4 ?. Order/ 1! the Cler2 of Court to issue to the adopter a certificate of finalit% upon e1piration of the 1A.da% re#lementar% period &ithin &hich to appeal4 2! the adopter to su"mit a certified true cop% of the decree of adoption and the certificate of finalit% to the Civil Re#istrar &here the child &as ori#inall% re#istered &ithin thirt% 9@! da%s from receipt of the certificate of finalit%. In case of chan#e of name$ the decree shall "e su"mitted to the Civil Re#istrar &here the court issuin# the same is situated. 9! 9! the Civil Re#istrar of the place &here the adoptee &as re#istered/ a. to annotate on the adoptee0s ori#inal certificate of "irth the decree of adoption &ithin thirt% 9@! da%s from receipt of the certificate of finalit%4 ". to issue a certificate of "irth &hich shall not "ear an% notation that it is a ne& or amended certificate and &hich shall sho&$ amon# others$ the follo&in#/ re#istr% num"er$ date of re#istration$ name of child$ se1$ date of "irth$ place of "irth$ name and citi8enship of adoptive mother and father$ and the date and place of

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their marria#e$ &hen applica"le4 c. to seal the ori#inal certificate of "irth in the civil re#istr% records &hich can "e opened onl% upon order of the court &hich issued the decree of adoption4 and d. to su"mit to the court issuin# the decree of adoption proof of compliance &ith all the fore#oin# &ithin thirt% da%s from receipt of the decree. If the adoptee is a foundlin#$ the court shall order the Civil Re#istrar &here the foundlin# &as re#istered$ to annotate the decree of adoption on the foundlin# certificate and a ne& "irth certificate shall "e ordered prepared "% the Civil Re#istrar in accordance &ith the decree. SEC. 1>. $oo( of Adoptions. The Cler2 of Court shall 2eep a "oo2 of adoptions sho&in# the date of issuance of the decree in each case$ compliance "% the Civil Re#istrar &ith Section 1< ?! 9! and all incidents arisin# after the issuance of the decree. SEC. 1:. "onfidential )ature of Proceedin%s and Records. ,ll hearin#s in adoption cases$ after compliance &ith the 5urisdictional re3uirements shall "e confidential and shall not "e open to the pu"lic. ,ll records$ "oo2s and papers relatin# to the adoption cases in the files of the court$ the )epartment$ or an% other a#enc% or institution participatin# in the adoption proceedin#s shall "e 2ept strictl% confidential. If the court finds that the disclosure of the information to a third person is necessar% for securit% reasons or for purposes connected &ith or arisin# out of the adoption and &ill "e for the "est interests of the adoptee$ the court ma%$ upon proper motion$ order the necessar% information to "e released$ restrictin# the purposes for &hich it ma% "e used. SEC. 1B. Rescission of Adoption of the Adoptee. The petition shall "e verified and filed "% the adoptee &ho is over ei#hteen 1:! %ears of a#e$ or &ith the assistance of the )epartment$ if he is a minor$ or if he is over ei#hteen 1:! %ears of a#e "ut is incapacitated$ "% his #uardian or counsel. The adoption ma% "e rescinded "ased on an% of the follo&in# #rounds committed "% the adopter/ 1! repeated ph%sical and ver"al maltreatment "% the adopter despite havin# under#one counselin#4

2! attempt on the life of the adoptee4 9! se1ual assault or violence4 or =! a"andonment or failure to compl% &ith parental o"li#ations. ,doption$ "ein# in the "est interests of the child$ shall not "e su"5ect to rescission "% the adopter. -o&ever$ the adopter ma% disinherit the adoptee for causes provided in ,rticle B1B of the Civil Code. SEC. 2@. !enue. The petition shall "e filed &ith the Famil% Court of the cit% or province &here the adoptee resides. SEC. 21. Time ithin hich to file petition. The adoptee$ if incapacitated$ must file the petition for rescission or revocation of adoption &ithin five A! %ears after he reaches the a#e of ma5orit%$ or if he &as incompetent at the time of the adoption$ &ithin five A! %ears after recover% from such incompetenc%. SEC. 22. Order to Ans er. The court shall issue an order re3uirin# the adverse part% to ans&er the petition &ithin fifteen 1A! da%s from receipt of a cop% thereof. The order and cop% of the petition shall "e served on the adverse part% in such manner as the court ma% direct. SEC. 29. *ud%ment. If the court finds that the alle#ations of the petition are true$ it shall render 5ud#ment orderin# the rescission of adoption$ &ith or &ithout costs$ as 5ustice re3uires. The court shall order that the parental authorit% of the "iolo#ical parent of the adoptee$ if 2no&n$ or the le#al custod% of the )epartment shall "e restored if the adoptee is still a minor or incapacitated and declare that the reciprocal ri#hts and o"li#ations of the adopter and the adoptee to each other shall "e e1tin#uished. The court shall further declare that successional ri#hts shall revert to its status prior to adoption$ as of the date of 5ud#ment of 5udicial rescission. ;ested ri#hts ac3uired prior to 5udicial rescission shall "e respected. It shall also order the adoptee to use the name stated in his ori#inal "irth or foundlin# certificate. The court shall further order the Civil Re#istrar &here the adoption decree &as re#istered to cancel the ne& "irth certificate of the adoptee and reinstate his ori#inal "irth or foundlin# certificate. SEC. 2=. #ervice of *ud%ment. , certified true cop% of the 5ud#ment to#ether &ith a certificate of finalit% issued "% the ?ranch Cler2 of the Court &hich rendered the decision in accordance &ith the precedin# Section shall "e served "% the petitioner upon the Civil Re#istrar concerned &ithin thirt% 9@! da%s from

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receipt of the certificate of finalit%. The Civil Re#istrar shall forth&ith enter the rescission decree in the re#ister and su"mit proof of compliance to the court issuin# the decree and the Cler2 of Court &ithin thirt% 9@! da%s from receipt of the decree. The Cler2 of Court shall enter the compliance in accordance &ith Section 1> hereof. SEC. 2A. Repeal. . This supersedes Rule BB on ,doption and Rule 1@@ of the Rules of Court.

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