R.

A 8552 : DOMESTIC ADOPTION ACT

WHO MAY ADOPT Any person provided he is: 1. Of age 2. In possession of full civil capacity and legal rights. 3. In a position to support and care for his legitimate and illegitimate children, in keeping with the means of the family. 4. At least 16 years older than the person to be adopted, unless: Gen. Rule: Husband and Wife must Jointly Adopt a. The adopter is the natural parent of the child to be Exceptions adopted, or 1. One spouse adopts his/her illegitimate child b. The adopter is the spouse of the legitimate parent of the 2. One spouse adopts illegitimate child of the other person to be adopted. 3. The spouses are legally separated WHO 1. 2. 3. MAY NOT ADOPT Guardian with respect to ward before final accounting. Person convicted of a crime involving moral turpitude Alien Exceptions (An alien may adopt): a. Former Filipino adopting a relative by blood b. Alien adopting legitimate child of Filipino spouse c. Joint adoption by Alien and Filipino spouse of latter's blood relative d. Those allowed by rules on inter-country adoption.

WHO MAY NOT BE ADOPTED 1. Person of legal age Exception: An adult may be adopted if he is: a. A child by nature of adopter or of spouse b. Consistently considered by adopter as his own child during minority 2. Alien whose country has no diplomatic relations with the Philippines. 3. Person previously adopted and whose adoption has not been revoked.

WRITTEN CONSENT NECESSARY FOR ADOPTION 1. Person to be adopted, if 10 years old or over 2. Natural parents or legal guardian of the person to be adopted 3. Legitimate children of the adopter, 10 years old or over 4. Adopted children of the adopter, 10 years old or over 5. Illegitimate children of the adopter, 10 years old or over and living with him 6. Spouse of the adopted, if married 7. Spouse of the adopter, if married

WHO MAY BE ADOPTED EFFECTS OF ADOPTION 1. Any person below 18 y.o. who is voluntarily committed to 1. Deemed a legitimate child of the adopter the DSWD under PD 603 or judicially declared available for 2. Acquired reciprocal rights and obligations arising from adoption parent-child relationship 2. Legitimate stepchild 3. Right to use the surname of the adopter 3. Illegitimate stepchild 4. parental authority of natural parents terminates and vested 4. Qualified adult, who prior to adoption, has been in adopter consistently considered by the adopter as his own child 5. Remains intestate heir of natural parents and blood since minority relatives 5. Child whose previous adoption has been revoked 6. Legitimate brothers and sisters (whether full or half blood) 6. Child whose biological or adoptive parents have died, provided that no proceedings shall be initiated w/in 6 months from the time of death of said parents

JUDICIAL RESCISSION OF ADOPTION Rescission by the Adopted

a. If adopted is at least 18 years old Grounds: same as prescribed for disinheriting an ascendant (Art. 920 CC) 1. Parents have abandoned their children or induced their daughter to live a corrupt or immoral life, or attempted EFFECTS OF the RESCISSION OF THE ADOPTION against the virtue 1. If the adopted is still minor, the court shall reinstate the 2. Parent or ascendant has been convicted of an attempt parental authority of the natural parents, unless the latter against the life of the testator, his or her spouse, are disqualified or incapacitated, in which case, the court descendants or ascendants shall appoint a guardian over the person and property of 3. Parent or ascendant has accused the testator of a crime for the minor in the same proceeding which the law prescribes imprisonment for 6 years or more, 2. If the adopted is physically or mentally handicapped, the if the accusation has been found to be false court shall appoint a guardian over his person or property 4. Parent or ascendant has been convicted of adultery or or both, in the same proceeding concubinage with the spouse of the testator 3. All reciprocal rights and obligations between the adopter 5. Parent of ascendant by fraud, violence, intimidation or and the adopted arising from parent-child relationship are undue influence, causes the testator to make a will or to extinguished change one already made 4. The adopted shall revert to his surname prior to the 6. Loss of parental authority adoption 7. Refusal to support the children or descendants without 5. The court shall order the amendment of the records justifiable cause adopted in the civil registries 8. Attempt by one of the parents against the life of the other, unless there has been a reconciliation between them b. If adopted is a minor or incapacitated Grounds: same as as prescribed for loss of parental authority (Art. 229-232 FC) Petition may be filed by: 1. Any person authorized by the court 2. Proper government instrumentality, acting on behalf of the child The adopter is no longer allowed to rescind the adoption, however, he is allowed to disinherit the adopted

Grounds: 1. Adopted committed and act which is ground for disinheriting a descendant 2. Adopted has abandoned the home of the adopters during minority for at least one year 3. Adopted committed an act which shows that he has definitely repudiated adoption

Rescission by the Adopter

R.A. 8043: Inter-Country Adoption Act of 1995 WHO MAY ADOPT Any Alien/Filipino citizen permanently residing abroad if he/she: 1. is at least 27 years old, at least 16 years older than the adopted, unless adopter is the parent by nature or the spouse of such parent of the adopted 2. if married, spouse must jointly file for adoption

Inter-Country Adoption Board acts as the central authority in matters relating to intercountry adoption the Board shall ensure that all possibilities for the adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child Trial Custody (6 mos. from the time of placement) 1. starts upon actual physical transfer of the child to the applicant who, as actual custodian, shall exercise substitute parental authority over the child 2. the adopter shall submit to authorized or accredited agency, which in turn transmits a copy to the Board, a progress report of the child's adjustment

3. has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone appropriate counselling from an accredited counsellor in his/her country 4. has not been convicted of a crime involving moral turpitude 5. is eligible to adopt under his/her national laws NOTES: 6. is in a position to provide the proper care and support to If the pre-adoptive relationship is found unsatisfactory by the adopted the child or the applicant or both, of if the foreign adoption 7. agrees to uphold the basic rights of the child as embodied agency finds that the continued placement of the child is under Philippine laws, the UN Convention on the Rights of a not in the child's best interest, said relationship shall be Child, and to abide by the rules and regulations issued to suspended by the Board, the foreign adoption agency shall implement the Inter-Country Adoption Act arrange for the child's temporary care 8. comes from a country with whom the Philippines has if a satisfactory pre-adoptive is formed between the diplomatic relations applicant and the child, the Board shall submit the written 9. possesses all the qualifications and none of the consent to the adoption to the foreign adoption agency disqualifications under the Inter-Country Adoption Act and within 30 days after receipt of the latter's request other applicable Philippine laws. A copy of the final decree of adoption of the child, including certificate of citizenship/naturalization whenever applicable, WHO MAY BE ADOPTED shall be transmitted by the foreign adoption agency to the 1. Only a legally free child ... (Legally free child is one who Board within 1 month after its issuance. has been voluntarily or involuntarily committed to the DSWD, in accordance with PD 603) 2. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally