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Adoption (Rules 99-100, superseded by AM 02-6-02-
SC)
(1) Adoption is a juridical act which creates between
two persons a relationship similar to that which results
from legitimate paternity (Prasnick vs. Republic, 98 Phil.
669).
(2) Adoption is a juridical act, a proceeding in rem,
which creates between the two persons a relationship
similar to that which results from legitimate paternity
and filiation.
(3) Adoption is not an adversarial proceeding. An
adversarial proceeding is one having opposing parties,
contested, as distinguished from an ex parte application,
one of which the party seeking relief has given legal
warning to the other party and afforded the latter an
opportunity to contest it excludes an adoption
proceeding. In adoption, there is no particular defendant
to speak of since the proceeding involves the status of a
person it being an action in rem.
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, where
the entire adoption process beginning from the filing of
the petition up to the issuance of the adoption decree
takes place in the Philippines.
Who may be adopted?
A child legally available for adoption.Requisites:
a) Below 18 years of age; and
b) Judicially declared available for adoption.
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.
Requirement of Joint Adoption by Spouses
General rule: husband and wife shall jointly adopt;
otherwise, the adoption shall not be 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) If the spouses are legally separated from each
other.
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
country, where the petition for adoption is filed, the
supervised trial custody is undertaken and the decree of
adoption is issued outside of the Philippines.
Who may be adopted?
Only a legally free child may be adopted.Requisites:
a) Below 15 years of age; and
b) Has been voluntarily or involuntarily committed to
the DSWD in accordance with PD 603.
Requirement of Joint Adoption by Spouses
Rule: if the adopter is married, his/her spouse must
jointly file for the adoption.
WHO MAY ADOPT (DOMESTIC ADOPTION ACT)
Filipino Citizens
1) Of legal age;
2) In possession of full civil capacity and legal
rights;
3) Of good moral character;
4) Has not been convicted of any crime involving
moral turpitude;
5) Emotionally and psychologically capable of
caring for children;
6) In a position to support and care for his/her
children in keeping with the means of the family;
7) At least 16 years older than the adoptee but this
latter requirement may be waived if (a) the adopter is the
biological parent of the adoptee; or (b) the adopter is the
spouse of the adoptees parent; and
8) Permanent resident of the Philippines.
WHO MAY ADOPT (DOMESTIC ADOPTION
ACT)
Aliens (1) Same qualifications as above, and in
addition:
2) His/her country has diplomatic relations with the
Philippines;
3) His/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter;
4) Has been living in the Philippines for at least 3
continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption
decree is entered; and
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5) Has been certified by his/her diplomatic or
consular office or any appropriate government agency
that he/she has the legal capacity to adopt in his/her
country. This requirement may be waived if (a) a former
Filipino citizens seeks to adopt a relative within the
4thdegree 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.
Who may adopt? (Inter-country Adoption Act)
Filipino Citizens
1) Permanent resident of a foreign country;
2) Has the capacity to act and assume all rights and
responsibilities of parental authority under Philippine
laws;
3) Has undergone the appropriate counselling from
an accredited counselor in country of domicile;
4) Has not been convicted of a crime involving
moral turpitude;
5) Eligible to adopt under Philippine laws;
6) 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;
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;
8) Residing in a country with whom the 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
disqualifications provided in the ICAA and in other
applicable Philippine laws;
10) At least 27 years of age at the time of the
application; and
11) At least 16 years older than the child to be adopted
at the time of application, unless (a) adopted is the
parent by nature of the child to be adopted; or (b)
adopter is the spouse of the parent by nature of the child
to be adopted.
Who may adopt? (Inter-country Adoption Act)
ALIENS
1) At least 27 years of age at the time of the
application;
2) At least 16 years older than the child to be adopted
at the time of application unless the adopter 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) Eligible to adopt under his/her national law;
7) 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.
Procedure in domestic adoption act
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.
Procedure in domestic adoption act
Supervised Trial Custody:
a) Temporary parental authority is vested in
prospective adopter;
b) Period is at least 6 months, but may be reduced by
the court motu propio or upon motion;
c) If adopter is alien, the law mandatorily requires
completion of the 6-month trial custody and 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 legitimate
son/daughter of his/her Filipino spouse; (3) 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.
Procedure in domestic adoption act
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Decree of Adoption: Issued by Philippine Family Court.
Consent Required: Written consent of the following to
the adoption is required, in the form of affidavit: (1)
adoptee, if 10 years of age or over; (2) biological
parent/s of the child, if known, or the legal guardian, 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.
PROCEDURE FOR INTER-COUNTRY
ADOPTION
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 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 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 custody
which takes place outside of the Philippines.
PROCEDURE FOR INTER-COUNTRY
ADOPTION
Supervised Trial Custody:
a) This process takes place outside of the country and
under the supervision of the foreign adoption agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall look for another
prospective applicant. Repatriation of the child is to be
resorted only as a last resort;
d) If successful, ICAB transmits a written consent
for the adoption to be executed by the DSWD, and the
applicant then files a petition for adoption in his/her
country.
PROCEDURE FOR INTER-COUNTRY
ADOPTION
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.
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
(c) adoptee remains an intestate heir of his/her
biological parent
Effects of adoption
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. 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;
(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.
(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
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(1) Grounds for rescission:
(a) Repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counselling;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence; or
(d) Abandonment and failure to comply with parental
obligations (Sec. 19).
2) Prescriptive period:
(a) 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.
in accordance with the requirements as set forth in the
implementing rules and regulations (Sec. 10).
Best Interest of the Minor Standard
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.
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.
Best interests or best interests of the child is a child
rights principle, which derives from Article 3 of the UN
Convention on the Rights of the Child, which says that
in all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary
consideration. Assessing the best interests of a child
means to evaluate and balance all the elements
necessary to make a decision in a specific situation for a
specific individual child or group of children.

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 in

Inter-country adoption
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
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Writ of habeas Data continue
What happens if the respondent makes a false return
or refuses to make a return; or if any person who
disobeys or resists a lawful process or order of the
court?
That person may be punished with imprisonment or fine.
Also, when the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex
parte, granting the petitioner such relief as the petition
may warrant unless the court in its discretion requires
the petitioner to submit evidence.
How long does the court have in deciding the
petition?
The court shall render judgment within ten (10) days
from the time the petition is submitted for decision.
If the allegations in the petition are proven by substantial
evidence, the court shall enjoin the act complained of, or
order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant
reliefs as may be just and equitable; otherwise, the
privilege of the writ shall be denied.
What happens after the finality of the judgment?
Upon its finality, the judgment shall be enforced by
the sheriff or any lawful officer as may be designated
by the court, justice or judge within five (5) work
days.
The officer who executed the final judgment shall,
within three (3) days from its enforcement, make a
verified return to the court. The return shall contain a full
statement of the proceedings under the writ and a
complete inventory of the database or information, or
documents and articles inspected, updated, rectified, or
deleted, with copies served on the petitioner and the
respondent.
What happens after the finality of the judgment?
The officer shall state in the return how the judgment
was enforced and complied with by the respondent, as
well as all objections of the parties regarding the manner
and regularity of the service of the writ.
The court shall set the return for hearing with due notice
to the parties and act accordingly.
Does the filing of the petition preclude the filing of
separate criminal, civil or administrative actions?
No. However, when a criminal action has been
commenced, no separate petition for the writ shall be
filed, but the reliefs under the writ shall be available by
motion in the criminal case, and the procedure under this
Rule shall govern the disposition of the reliefs available
under the writ of habeas data
Does the filing of the petition preclude the filing of
separate criminal, civil or administrative actions?
When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of habeas data,
the petition shall be consolidated with the criminal
action. After consolidation, the procedure under this
Rule shall continue to govern the disposition of the
reliefs in the petition.