Adoption

- Legal filiation. This is the only mode where filiation is established legally.

Matter RA 8552 Domestic Adoption RA 8043 Inter-Country

Law
Who may adopt? 1. Adopter must be at
least 18;
2. Adopter could be an
alien or Filipino;
3. If the adopter is
Filipino, the adopter
could either be
residing in the
Philippines or abroad;
4. If the adopter is an
alien, generally, he
should reside in the
Philippines for at least
3 years before filing*
Who may be adopted? 1. Adoptee if a child,
must be below 18;
2. Adoptee could be of
age;
3. Adoptee could be a
Filipino or alien;
Where to file the petition? 1. At the Family Court in
the place where the
Adopter resides;
2. Can only be filed in
the court;
Adoption Law
1. Adopter must be at
least 27;
2. Adopter could be an
alien or Filipino;
3. If the adopter is
Filipino, he should be
permanently residing
abroad.
4. If the adopter is an
alien, he should not
be a resident in the
Philippines
1. Adoptee must be
below 15;
2. Adoptee should not be
of age;
3. Adoptee should be a
Filipino.
1. At the Family Court in
the place of the
Adoptee;
2. May be filed in the
Family Court or
directly with the
Adoption Agency
abroad where the
Adopter resides;

*3 Exceptions: (1) If the alien was formerly a Filipino and he/she seeks to adopt his/her
th
relatives within the 4 civil degree of consanguinity or affinity; (2) If he seeks to adopt the
legitimate child of his/her Filipino spouse; and (3) If an alien married to a Filipino seeking to
th
adopt the relatives of his/her spouse within the 4 civil degree

- Aoption creates parent and child relationship. It creates paternity and filiation.
- The effect of adoption retroacts to the time of the filing of the petition.
- Adoption severs the relationship between the adopted child and his/her natural or
biological parents.
- For purposes of liability: what is material is who actually has actual custody of the child
and has parental authority over the child is the one responsible.
- Effect of adoption is limited only between the adopter and the adopted child. It does not
go beyond their relationship.
- No right of representation. So if the son dies ahead of the lolo, the adopted apo cannot
receive the supoosed legitime of the son by the right of representation.
- When a decree of adoption is issued and the child is already adopted, he is deemed to be
a legitimate child and is deemed to have the same rights and privileges as a legitimate
child including the right to use the surname of the adopter but excluding the
aforementioned right of representation.
- The adopted child is entitled to inherit from the adopter in the same extent as the natural
legitimate child.