I. Adoption (Arts.

183-193, FC)
Inter-country Adoption Law (RA 8043)
Domestic Adoption Law (RA 8552)

1. Construction
Landingin v. Republic GR 164948, June 26, 2006
Issue: WON a petition for adoption be granted without the written consent of the adoptees biological mother.
Held: No. Section 9, par (b) of RA 8552, provides that the consent of the biological parent(s) of the child, if
known is necessary to the adoption. The written consent of the legal guardian will suffice if the written consent of
the biological parents cannot be obtained.

2. Qualifications/Disqualifications of Adopter
In re Petition for Adoption of Michelle Lee GR Nos. 168992-3, May 21, 2009
The filing of a case for dissolution of the marriage between petitioner and Olario is of no moment. It is not
equivalent to a decree of dissolution of marriage. Until and unless there is a judicial decree for the dissolution of
the marriage between petitioner and Olario, the marriage still subsists. That being the case, joint adoption by the
husband and the wife is required.

Castro v. Gregorio GR 18880, Oct 14, 2014

In the absence of any decree of legal separation or annulment, Jose and Rosario remained legally married
despite their de facto separation. For Jose to be eligible to adopt Jed and Regina, Rosario must first signify her
consent to the adoption. Jose, however, did not validly obtain Rosarios consent. His submission of a fraudulent
affidavit of consent in her name cannot be considered compliance of the requisites of the law. Had Rosario been
given notice by the trial court of the proceedings, she would have had a reasonable opportunity to contest the
validity of the affidavit. Since her consent was not obtained, Jose was ineligible to adopt.
The law also requires the written consent of the adopters children if they are 10 years old or older. It is
undisputed that Joanne was Jose and Rosarios legitimate child and that she was over 10 years old at the time of
the adoption proceedings. Her written consent, therefore, was necessary for the adoption to be valid.

3. Qualifications/Disqualifications of Adopted

4. Rights Granted by Adoption

Republic v. Hernandez GR 117209 Feb. 9, 1996
The law allows the adoptee, as a matter of right and obligation, to bear the surname of the adopter, upon
issuance of the decree of adoption. It is the change of the adoptees surname to follow that of the adopter
which is the natural and necessary consequence of a grant of adoption and must specifically be contained in the
order of the court, in fact, even if not prayed for by petitioner.
However, the given or proper name, also known as the first or Christian name, of the adoptee must remain as it
was originally registered in the civil register. The creation of an adoptive relationship does not confer upon the
adopter a license to change the adoptees registered Christian or first name. The automatic change thereof,
premised solely upon the adoption thus granted, is beyond the purview of a decree of adoption. Neither is it a
mere incident in nor an adjunct of an adoption proceeding, such that a prayer therefor furtively inserted in a
petition for adoption, as in this case, cannot properly be granted.

5. Rules on Succession
Sayson v. C.A. GR 89224-25 Jan. 23, 1992
Adopted child/ children has no right of representation
The relationship created by the adoption is between only the adopting parents and the adopted child and does
not extend to the blood relatives of either party.
In this case, the adopted child cannot inherit from the grandparent.

6. Rescission/Termination of Adoption
Lahom v. Sibulo GR 143989 July 14, 2003
It is still noteworthy, however, that an adopter, while barred from severing the legal ties of adoption, can always
for valid reasons cause the forfeiture of certain benefits otherwise accruing to an undeserving child. For instance,
upon the grounds recognized by law, an adopter may deny to an adopted child his legitime and, by a will and
testament, may freely exclude him from having a share in the disposable portion of his estate.

Bartolome v. SSS GR 192531 Nov. 12, 2014

 Civil Law; Adoption; Succession; Biological Parents; It is apparent that the biological parents retain their rights
of succession to the estate of their child who was the subject of adoption.It is apparent that the biological parents
retain their rights of succession to the estate of their child who was the subject of adoption. While the benefits arising
from the death of an SSS covered employee do not form part of the estate of the adopted child, the pertinent
provision on legal or intestate succession at least reveals the policy on the rights of the biological parents and those
by adoption vis--vis the right to receive benefits from the adopted. In the same way that certain rights still attach by
virtue of the blood relation, so too should certain obligations, which, We rule, include the exercise of parental
authority, in the event of the untimely passing of their minor offsprings adoptive parent. We cannot leave
undetermined the fate of a minor child whose second chance at a better life under the care of the adoptive parents
was snatched from him by deaths cruel grasp.
Otherwise, the adopted childs quality of life might have been better off not being adopted at all if he would only
find himself orphaned in the end. Thus, We hold that Cornelios death at the time of Johns minority resulted in the
restoration of petitioners parental authority over the adopted child.