ADOPTION
RA 8043- Inter-country Adoption Act of 1995
RA 8552- Domestic Adoption Act of 1998
*did not expressly repeal Title VII on Adoption in FC
*only implied repeal because they fail to identify or
designate the acts that are intended to be repealed unless
there be irreconcilable inconsistency or repugnancy between
them and the provisions of the Code.
DOMESTIC ADOPTION ACT OF 1998
-intended to govern the domestic adoption of Filipino
children, whether the adopter is a citizen of the Philippines or
an alien.
INTER-COUNTRY ADOPTION ACT OF 1995
-is intended to govern the adoption of a Filipino child in a
foreign country by a person who may not even be qualified
to adopt under the FC or the DAA.
-The adopter may either be a foreigner or a Filipino citizen
permanently residing abroad where the petition for adoption
is filed, the supervise child custody is undertaken and the
decree of adoption is issued outside of the Philippines.
Background on law and origin of adoption
*Romans undertook adoption to assure male heirs in the
family
*Greece, France, Spain and England neither allowed nor
recognized adoption in an effort to preserve inheritance
within the family.
Universal laws that protect and safeguard the rights of
adopted children
1.) The Geneva Declaration of Rights of the Child of 1924
2.) Universal Declaration of Human Rights of 1948
3.) United Nations Declaration of the Rights of the Child
RA 8552 affirmed the legitimate status of the adopted child,
not only in his new family but also in the society as well.
ADOPTION – the process of making a child, whether related
or not to the adopter, possesses in general, the rights
accorded to a legitimate child
- A juridical act, a proceeding in rem which creates between
two persons a relationship similar to that which results from
legitimate paternity and filiation.
*A child who is simply treated as a child of a certain
couple, although not related to them by blood, does not
enjoy the same rights accorded to legitimate children, in
absence of judicial decree of adoption.
DOMESTIC ACDOPTION ACT OF 1998
Section 2. Declaration of Policies
*It is only resorted when the efforts to ensure the custody
and care of the child prove insufficient and no appropriate
placement or adoption within the child’s extended family is
available shall adoption shall adoption by an unrelated
person be considered.
(c) It shall also be a state policy to:
(i) safeguard the biological parent/s from making hurried
decisions to relinquish his/her parental authority over his/her
child;
(ii) Prevent the child from unnecessary separation from
his/her biological parent/s
(iii) Protect adoptive parent/s from attempts to disturb his/her
parental authority and custody over his/her adopted child.
“LEGALLY AVAILABLE FOR ADOPTION” – This will be
established after any voluntary or involuntary termination of
parental authority shall be administratively or judicially
declared.
Inter-country adoption shall be resorted to only when
domestic adoption of the child is not available.
Reason: To preserve the child’s identity and culture
DOMESTIC ADOPTION, what governs.
- Domestic Adoption Act and the provisions of Title VII of the
Family Code
What governs the procedure? Rule on Adoption which
became effective on August 22, 2002.
Who are qualified to adopt?
The adopter may either be a citizen of the Philippines or an
alien in domestic adoption, so long as they are qualified to
adopt under the provisions of the DAA.
Qualifications of Filipino Adopter
1.) The adopter must be of legal age and at least sixteen
(16) years old than the adoptee, except if the adopter is the
biological parent of the adoptee or the spouse of the
adoptee’s parent, in which case, the requirement of sixteen
year difference may be waived.
2.) The adopter must be in possession of full civil capacity
and legal rights, of good moral character and has not been
convicted of any crime involving moral turpitude.
3.) The adopter must be emotionally and psychologically
capable of caring for children and in a position to support
and care for his or her children in keeping with the means of
the family.
*Minor, not in possession of full civil capacity and legal rights
(insane, imbecile, deaf-mute, or a person suffering from civil
interdiction) cannot adopt. If not suffering from those
mentioned, not necessarily qualified to adopt but must
possess the qualifications mentioned.