ADOPTION
 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. DOMESTIC ADOPTION ACT OF 1998 AND INTER-
COUNTRY ADOPTION ACT OF 1995
 Not expressly repealed Title VII of the Family Code
unless there be irreconcilable inconsistency or
repugnancy between them and the provisions of the
Code.
Applicability of Domestic Adoption Act of 1998 (DAA)
 To govern the domestic adoption of Filipino children,
whether the adopter is a citizen of the Philippines or
an alien.
 Domestic if ENTIRE process (filing of petition to
issuance of the decree) takes place in the PH
 Adopter is PH Citizen
Applicability of Inter-Country Adoption Act of 1995 (ICAA)
 Adoption of a Filipino child in a foreign country by a
person who may not even be qualified to adopt under
the Family Code or DAA
 Alien adopter not qualified of the residency
requirement under DAA or requirement cannot not be
waived under said act
 PH Citizen permanently residing abroad where the
petition for adoption is filed, the supervised child
custody is undertaken and the decree of adoption is
issued outside PH
STATE POLICIES ON ADOPTION
Republic v CA and Zenaida Bobiles
Adoption statues, as well as matters of procedure leading
up to adoption can be liberally construed to carry out the
beneficent purposes of adoption and for as long as there is
substantial compliance with the mandatory requirements
under the law. As a matter of policy of the state, all
measures to maintain the natural parent’s authority and
custody of their children must be encourage and
implemented. Only when such efforts prove to be insufficient
and no appropriate placement or adoption within the child’s
extended family is available shall adoption by an unrelated
person be considered
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.
(iv) Conduct public information and educational
campaigns to promote a positive environment for adoption;
(v) Ensure that sufficient capacity exists within
government and private sector agencies to handle adoption
inquiries, process domestic adoption applications, and offer
adoption-related services including, but not limited to, parent
preparation and post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve
the child's identity and culture in his/her native land, and only
when this is not available shall intercountry adoption be
considered as a last resort.
WHO CAN ADOPT?
Q: Who may adopt?
1. Filipino;
2. Alien;
3. Guardian with respect to his ward.
Q: What are the qualifications of a Filipino who may adopt?
A: LPG‐FEC‐16
1. Must be of Legal age;
2. In a Position to care for his children;
3. Good moral character;
4. Full civil capacity and legal rights;
5. Not been Convicted of any crime involving moral turpitude;
6. Emotionally and psychologically capable of caring for
children;
7. GR: At least 16 years older than adoptee
XPN: It is not necessary that adopter be at least 16
years older:
a. Adopter is the biological parent of the adoptee,
b. Adopter is the spouse of adoptee’s parent.
Q: What are the qualifications of an alien who may adopt
under R.A. 8552?
A: SD‐3
1. Possesses Same qualifications as those enumerated for
Filipino adopters;
2. His country has Diplomatic relations with the Philippines;
3. GR: Has been living in the Philippines for at least 3
continuous years prior to the application for adoption and
maintains such residence until adoption decree has been
entered.
XPN:
a. He is a former Filipino who seeks to adopt a relative
within the 4th civil degree of consanguinity or affinity,
b. He is married to a Filipino and seeks to adopt jointly
with his spouse a relative within the 4 th degree of consanguinity
or affinity,
c. He is married to a Filipino and seeks to adopt the
legitimate or illegitimate child of his filipino spouse.
Q: How may a guardian adopt his ward?
A: A guardian may only adopt his ward after termination of
guardianship and clearance of his financial accountabilities.
Q: What is the rule when a person seeking to adopt has a
spouse?
A:
GR: Such person must adopt with his spouse jointly. The
general rule is that husband and wife shall jointly adopt.
XPN:
1. One spouse seeks to adopt the legitimate child of the
other;
2. One spouse seeks to adopt his own illegitimate child;
3. Spouses are legally separated.
Q: Spouses Primo and Monica Lim, childless, were
entrusted with the custody of two minor children, the
parents of whom were unknown. Eager of having children
of their own, the spouses made it appear that they were the
children’s parents by naming them Michelle P. Lim and
Michael Jude Lim.
Subsequently, Monina married Angel Olario after Primo’s
death of her husband. She decided to adopt the children by
availing the amnesty given under R.A. 8552 to those
individuals who simulated the birth of a child. She filed
separate petitions for the adoption of Michelle, then 25
years old and Michael, 18. Both Michelle and Michael gave
consent to the adoption.
The trial court dismissed the petition and ruled that Monina
should have filed the petition jointly with her new husband.
Monina, in a Motion for Reconsideration argues that mere
consent of her husband would suffice and that joint
adoption is not needed, for the adoptees are already
emancipated.
Is the trial court correct in dismissing the petitions for
adoption?
A: Yes. Section 7 Article 3 of R.A. 8552 reads: Sec. 7 – Husband
and wife shall jointly adopt, xxx. The use of the word “shall”
in the above‐quoted provision means that joint adoption by
the husband and the wife is mandatory. This is in consonance
with the concept of joint parental authority over the child which
is the ideal situation. As the child to be adopted is elevated to
the level of a legitimate child, it but natural to require the spouses
to adopt jointly. The rule also ensures harmony between the
spouses.
The law is clear. There is no room for ambiguity. Monina, having
remarried at the time the petitions for adoption were filed, must
jointly adopt. Since the petitions for adoption were filed only by
Monina herself, without joining her husband, Olario, the trial
court was correct in denying the petitions for adoption on this
ground. (In Re: Petition for Adoption of Michelle P. Lim, In Re:
Petition for Adoption of Michael Jude P. Lim, Monina P. Lim,
G.R. Nos. 168992‐93, May 21, 2009)
Q: Is joint adoption still needed when the adoptees are
already emancipated?
A: Yes. Even if emancipation terminates parental authority, the
adoptee is still considered a legitimate child of the adopter with
all the rights of a legitimate child such as: (1) to bear the
surname of the father and the mother; (2) to receive support from
their parents; and (3) to be entitled to the legitime and other
successional rights. Conversely, the adoptive parents shall, with
respect to the adopted child, enjoy all the benefits to which
biological parents are entitled such as support and successional
rights.
ADOPTEE
Q: Who may be adopted?
A:
1. Any person below 18 of age who has been
administratively or judicially declared available for
adoption;
2. Legitimate child of one spouse by the other spouse;
3. Illegitimate child by a qualified adopter to improve the
status of said child to that of legitimacy;
4. Person of legal age, if prior to the adoption, said person
has been consistently considered and treated by adopters
as their child since minority;
5. Child whose adoption has been previously rescinded;
6. Child whose biological parents have died provided no
proceedings have been initiated within 6 months from time
of death.
7. Over 18yo but is unable to fully take care of him/herself or
protect themselves from abuse, neglect, cruelty,
exploitation, discrimination bec. of physical or mental
disability or condition
NOTE: Our laws do not prohibit relatives, either by blood or
affinity, from adopting one another.
Q: What is the definition of “child”?
A: A child is any person below 18 years old.
Q: What is the definition of “child legally free for adoption”?
A: A child voluntarily or involuntarily committed to the DSWD,
freed of his biological parents, guardians, adopters in case of
rescission.
 Applies only to surrendered, abandoned, neglected,
dependent children
 Abandoned child- no proper parental care or
guardianship, deserted by parent for at least 3 months
(includes foundling)
 Neglected Child- needs have been unattended within a
period of time of three continuous months (physical
neglect, emotional neglect)
 Voluntarily Committed Child- one whose parent/s or
legal guardian knowingly and willingly relinquished
parental authority ot the DSWD or any duly accredited
child-placement or child-caring agency or institution
WHOSE WRITTEN CONSENT IS NECESSARY FOR
ADOPTION?
1. Adoptee, if 10 years of age and over;
2. Biological parents of the child, if known or the legal
guardian, or the proper government instrumentality which
has legal custody of the child;
 Even if child is illegitimate
 Can be dispensed if parent abandoned child or if such
parent is insane or hopelessly intemperate
 Can be withdrawn at anytime within 6 months from
their decision
3. Legitimate children of the adopter, if 10 years old or over;
4. Illegitimate children of the adopter, if 10 years old or over
and living with him;
5. Spouse of the adopted, if married;
6. Spouse of the adopter, if married.
Q: Bernadette filed a petition for adoption of the three minor
children of her late brother, Ian. She alleged that when her
brother died, the children were left to the care of their
paternal grandmother, Anna, who went to Italy. This
grandmother died however, and so she filed the petition for
adoption. The minors gave their written consent to the
adoption and so did all of her own grown‐up children. The
trial court granted the decree of adoption even though the
written consent of the biological mother of the children was
not adduced by Bernadette. Was the trial court correct in
granting the decree of adoption?
A: No. The rule is adoption statutes must be liberally construed
in order to give spirit to their humane and salutary purpose
which is to uplift the lives of unfortunate, needy or orphaned
children. However, the discretion to approve adoption
proceedings on the part of the courts should not to be
anchored solely on those principles, but with due regard
likewise to the natural rights of the parents over the child. The
written consent of the biological parents is indispensable for
the validity of the decree of adoption. Indeed, the natural right
of a parent to his child requires that his consent must be
obtained before his parental rights and duties may be
terminated and vested in the adoptive parents. In this case,
since the minors' paternal grandmother had taken custody of
them, her consent should have been secured instead in view of
the absence of the biological mother. This is so under Sec. 9
(b) of R.A. 8552, otherwise known as the Domestic Adoption
Act of 1998. Diwata failed in this respect, thus necessitating the
dismissal of her petition for adoption. (Landingin v.
Republic,G.R. No. 164948, June 27, 2006)
 PRE-ADOPTION PROCEDURES
1. Voluntary Commitment of
biological parent(s) wanting to put
their child up for adoption
a) Counseling on their options other than adoption
b) Explaining to them the implications of losing their
parental authority over the child
c) Continuing services shall be provided after
relinquishment to cope with feelings of loss, etc. and
other services for the reintegration to the community
of the biological parent(s)
d) Biological parent(s) who decide to keep the child shall
be provided with adequate services and assistance to
fulfill their parental responsibilities
e) Biological parent(s) who decide to put the child for
adoption shall sign the Deed of Voluntary
Commitment (DVC), which shall be rescissible within
3 months from signing of the same
INVOLUNTARY COMMITMENT OF
ABANDONED OR NEGLECTED CHILD
a) Filing of a petition at Regional DSWD in the form of an
affidavit and with the required supporting documents
b) Posting of the petition, then recommendation by the
Regional Director of the DSWD (5 days each)
c) Issuance of certification by DSWD Secretary declaring
the child legally available for adoption within 3 months
following involuntary commitment
REQUIRED SUPPORTING DOCUMENTS FOR
A PETITION FOR THE DECLARATION OF
INVOLUNTARY COMMITMENT
a. Social Case Study Report by DSWD / LGU / institution
charged with child’s custody
a. Proof of efforts to locate the child’s parents/known
relatives
i. Written certification that a local/national
radio/TV case was aired on 3 different
occasions
ii. Publication in 1 newspaper of general
circulation
iii. Police report / barangay certification of due
diligence
iv. Returned registered mail to last known address
of parents
b. Birth certificate, if available recent photo and photo upon
abandonment of child or admission to the agency or
institution
WHO CAN FILE PETITION?
a) Head of a child caring agency or institution managed by
the National Government or LGU
b) Head or Executive Director of a licensed or accredited
child-caring or child placing agency
c) A provincial, City, or Municipal Social Welfare and
Development Officer
NOTE: In case of an individual who has actual custody of
the abandoned or neglected child they are willing to
adopt, the Regional Office or Provincial/City/Municipal
Social Welfare and Development Office, licensed child
caring agency or child placing agency can assist in filing
the petition. The head of a DSWD center or Institution,
Provincial/City/Municipal Social Welfare and
Development Officer or the Head of the Licensed child
caring/placing agency shall file the petition for and in
behalf of the individual.

WHEN TO FILE PETITION

 After but not less than 3 continuous months from the time
of abandonment, neglect or dependence of a child

WHERE TO FILE PETITION

 Regional office of the DSWD where the child was found

REVIEW OF PETITION
 Review by the DSWD Regional Director and decide within
3 days from receipt
 A petition not found to be sufficient shall be returned to the
petitioner w/out prejudice to its refiling
 If sufficient= immediate posting of a notice of a petition for
at least 5 consecutive days in conspicuous places
 Said director shall render their recommendation on the
petition not later than 5 working days after the completion
of posting
 Same director shall forward their recommendation to the
Office of the Secretary w/in 2 working days from when
they signed the petition
 If found sufficient by the Sec of the DSWD, it shall issue a
certification declaring the child legally available for
adoption w/in 7 working days from receipt of
recommendation
 Said certification, by itself shall be the sole basis for
the immediate issuance by the local civil registrar of a
foundling certificate
 W/in 7 working days, the local civil registrar shall
transmit the founding to NSO
SISSUANCE OF CERTIFICATE OF FOUNDLING
 Issue a foundling certificate w/in 5 working days of receipt
of request and shall transmit copy of said certificate to
NSO w/in 7 days
APPEAL
 Decisions of the Secretary shall be appealable to the CA
w/in 5 days from receipt of the same by the petitioner,
otherwise the same shall be final and executory
IN CASE OF VOLUNTARILY COMMITTED CHILD
A. Application for Certification Declaring a Child Legally
Available for Adoption
 Shall be filed w/in 3 months after signing of the Deed
of Voluntary Commitment, provided that no matching
shall take place within the period
 Basis of issuance: notarize Deed of Voluntary
Commitment with Social Case Study report, birth
certificate, photograph upon admission to the agency
and most recent photograph of the child
B. Restoration of Parental Authority
 May be filed w/in 3 months after signing the Deed by
the parent/s or legal guardian
JUDICIAL PROCEEDINGS
 Family Court has exclusive jurisdiction
 Venue shall be the province or city where the prospective
parents reside
NATURE OF ADOPTION PROCEEDINGS
 Notice is made through publication to protect the interests
of all persons concerned
 The registered name of the adoptee on the birth certificate
and the names by which the adoptee has been known is
required to be stated in the caption
CONTENTS OF PETITION FOR ADOPTION
A. If adopter is Filipino citizen,
i. Jurisdictional facts
ii. Qualifications
B. If adopter is alien,
i. Jurisdictional facts
ii. Qualifications
iii. That his country has diplomatic relations with
PH
iv. That his country has given him the legal
capacity to do so, and that his government
allows the adoptee to enter his country as his
adopter child and reside there permanently
as an adopter child
v. That he has been living in the PH for at least
3 continuous years prior to the filing of the
petition and he maintains such residence
until adoption decree is entered
The requirements of certification of the alien’s
qualification to adopt in his country and of
residency may be waived if the alien:
i. Is a former Filipino citizen who seeks to
adopt a relative within the 4th degree of
consanguinity or affinity
ii. Seeks to adopt the legitimate child of his
Filipino spouse
iii. Is married to a Filipino citizen and seeks
to adopt jointly with his spouse a relative
within 4th degree of consanguinity or
affinity of the Filipino spouse
C. If the adopter is the legal guardian of the adoptee,
i. That guardianship had been terminated and
the guardian had cleared his financial
accountabilities
D. If adopter is married, the spouse shall be a co-
petitioner for joint adoption except if:
i. 1 spouse seeks to adopt the legitimate
child of the other
ii. If 1 spouse seeks to adopt his own
illegitimate child and the other spouse
signified written consent thereto
iii. If the spouses are legally separated
E. If adoptee is a foundling,
i. Allege the entries which should appear in his
birth certificate
F. If the petitioner prays for a change of name, it
shall also state the cause or reason for change of
name. In all petitions, it shall be alleged:
i. first name, surname or names, age,
residence, of the adoptee as shown by his
record or birth, baptismal or foundling
certificate and school records
ii. adoptee is not disqualified by law to be
adopted
iii. probable value and character of the estate of
the adoptee
iv. first name, surname, names by which the
adoptee is to be known and registered in the
Civil Registry
NOTE: A certification of non-forum shopping shall
be included
RECTIFICATION OF SIMULATED BIRTH
Stimulation of Birth- tampering of the civil registry making it
appear in the birth records that a certain child was born to a
person who is not their biological mother, causing such child to
lose their true identity and status
In case petition also seeks rectification of a simulated of birth, it
shall allege that:
a. petitioner is applying for rectification of a simulated birth
b. the simulation of birth was made prior to the date of
effectivity of the Domestic Adoption Act and the
application for rectification of the birth registration and
 the petition for adoption were filed within 5 years from
said date
c. the petitioner made the simulation of birth for the best
interests of the adoptee
d. adoptee has been consistently considered and treated
by petitioner as his own child
ADOPTION OF FOUNDLING, ABANDONED,
DEPENDENT OR NEGLECTED CHILD
Petition shall allege that:
a. Facts showing that the child is a fondling, abandoned,
dependent or neglected
b. The named or the parents, it known, and their residence.
If the child has no known or living parents, then the
name and residence of the guardian, if any
c. The name of the duly licensed child-placement agency
or individual under whose care the child is in custody
d. That the Department, child-placement or child-caring
agency is authorized to give its consent
CHANGE OF NAME
In case the petition also prays for change of name, the title or
caption must contain:
a. The registered name of the child
b. Aliases or other names by which the child has
been known
c. The full name by which the child is to be known
ORDER OF HEARING
If petition and attachments are sufficient in form and
substance, the court shall issue an order which shall
contain the following:
a. Registered name of the adoptee in the birth certificate
and the names by which the adoptee has been known
w/c shall be stated in the caption
b. Purpose of the petition
c. Complete name which the adoptee will use if the
petition is granted
d. Date and place of hearing which shall be set within 6
months from the date of the issuance of the order and
shall direct that a copy thereof be published before
the date of hearing at least once a week for 3
successive weeks in a newspaper of general
circulation (to be selected by raffle under the
supervision of the Executive Judge) in the
province/city where the court is situated PROVIDED
that in case of application for change of name, the
date set for hearing shall not be within 4 months after
the last publication if the notice nor within 30 days
prior to an election
e. A directive to the social worker of the court, the social
service office of the local government unit or any child
placing or child-caring agency, or the Department to
prepare and submit child and home study reports
before the hearing if such reports had not been
attached to the petition due to unavailability at the
time of the filing of the latter
f. A directive to the social worker of the court to conduct
counselling sessions with the biological parents on the
matter of adoption of the adoptee and submit her
report before the date of hearing
NOTE: At the discretion of the court, copies of the order of
hearing shall also be furnished the Office of the Solicitor
General through the provincial or city prosecutor, the
Department and the biological parents of adoptee
NOTE: If a change in the name of the adoptee is
prayed for in the petition, notice to the Solicitor
General shall be mandatory
CHILD AND HOME STUDY REPORTS
 Of the adoptee
 His/her biological parents
 Adopters
Duties of social worker:
 Verify w/ the Civil Registry the real identity and
registered name of the adoptee
 If not registered, social worker shall register the
adoptee and secure a certificate of foundling or late
registration, as the case may be \
 Establish that the child is legally available for adoption
 Ensure that the documents in support thereof are
valid and authentic
 Make sure that the adopter has sincere intentions and
that the adoption shall inure to the vest interests of the
child
 If adopter is alien, social worker shall check if they
have the qualifications to adopt
 Make the proper recommendation to the court,
furnishing a copy thereof to the petitioner
HEARING
 Petitioner and adoptee must personally appear
 The former must testify before the judge during
hearing
SUPERVISED TRIAL CUSTODY
 6 months supervised trial custody is required before
petition is granted
 To be able to adjust psychologically and emotionally
 Establish a bonding relationship
 Shall be monitored by the ff. w/c submitted and
prepared the case studies
 Social worker of the court
 Department
 Social service of the local government unit
 Child-placement or child-caring agency
 Court may reduce trial period if it’s in the best interest
of the adoptee, stating the reasons why
 Alien adopter must complete the 6-month period
except:
 If alien is a former Filipino citizen who seeks
to adopt a relative within the 4th degree of
consanguinity or affinity
  If alien seeks to adopt the legitimate child of
his Filipino spouse
 If alien is married to a Filipino citizen and
seeks to adopt jointly with his spouse a
relative within 4th degree of consanguinity or
affinity of the Filipino spouse
UNDER FOSTER CARE ACT OF 2012:
 In case of adoption of the foster child by the designated
foster parents, the trial custody period may be partially
waived to the extent pf the period equivalent to the period
in which the foster child has been under the foster care of
the foster parents PROVIDED that a harmonious
relationship exists between the foster child, the foster
parents, and where applicable, the foster family
IF THE CHILD IS BELOW 7 Y/O and is placed w/ the
prospective adopter/s through a pre-adoption placement
authority issued by the Department:
 Prospective adopters shall enjoy all the benefits to w/c
biological parent/s is entitled from the date the
adoptee is placed with the prospective adopter/s
NOTE: Social worker shall submit to the court a report on
the result of the trial custody within 2 weeks after its
termination
DECREE OF ADOPTION
 Shall be effective as of the date the original petition was
filed
 Shall also apply in case the petitioner/s dies before the
issuance of the decree of adoption to protect the interest
of the adoptee
 Shall not apply for the purpose of imposing a liability upon
the adopting parents
THE DECREE SHALL:
A. State the name by which the child is to be known and
registered
B. Order:
i. The Clerk of Court to issue to the adopter a
certificate of finality upon expiration of the 15-day
reglementary period within which to appeal
ii. The adopter to submit a certified true copy of the
decree of adoption and the certificate of finality to
the Civil Regisgtrar where the child was originally
registered within 30 days from receipt of the
certificate of finality.
iii. In case of change of name, the decree shall be
submitted to the Civil Registrar where the court
issuing the same is situated.
C. Civil Registrar of the place where the adoptee was
registered:
i. To annotate on the adoptee’s original certificate
of birth the decree of adoption within the 30 days
from receipt of the certificate of finality
ii. To issue a certificate of birth which shall not bear
any notation that it is a new or amended
certificate and which shall show:
 Registry number
 Date of registration
 Name of child
 Sex
 Date of birth
 Place of birth
 Name and citizenship of adoptive
mother and father
 Date and place of their marriage when
applicable
iii. To seal the original certificate of birth in the civil
registry records which can be open only upon
order of the court which issued the decree of
adoption
iv. To submit to the court issuing the decree of
adoption proof of compliance with all the
foregoing within 30 days from receipt of the
decree
IF ADOPTEE IS FOUNDLING: Court shall order the Civil
Registrar where the foundling was registered to annotate
the decree of adoption on the foundling certificate and a
new birth certificate shall be ordered prepared by the Civil
Registrar in accordance with the decree
WHAT ARE THE EFFECTS OF ADOPTION?
1. GR: Severance of all legal ties between the biological
parents and the adoptee and the same shall then be
vested on the adopters
XPN: In cases where the biological parent is the
spouse of the adopter;
 When the adopter dies during the time that the
adopted is still a minor or incapacitated, the parental
authority of the biological parent is deemed to have
been restored
2. Deemed a legitimate child of the adopter;
 Limited to the adopting parents and does not extend
to their other relatives unless adopter adopted their
illegitimate child.
3. Acquires reciprocal rights and obligations arising from
parent‐child relationship;
i. Right to use surname of adopter
 Adoptee can only use the adopter’s own surname and
not the adopter’s surname acquired after marriage if:
 If wife adopts her illegitimate child w/ the consent of the
husband
 If spouses are legally separated and only wife files adoption
 If adoption was made by the woman prior to her marriage
and thereafter she contracted marriage
NOTE: An illegitimate child, upon adoption by her
natural father, may use the surname of her natural
mother as her middle name.
ii. Right to support
iii. Succession- adopted is a compulsory heir of the
adopter
iv. In legal and intestate succession, the adopters and
the adoptee shall have reciprocal rights of
succession without distinction from legitimate
filiation. However, if the adoptee and his/her
biological parents had left a will, the law on
testamentary succession shall govern.
 WHO MAY RESCIND?
ONLY the adopted child has the right to severe the legal ties
created by the adoption
 If under 18, adopted must be assisted by DSWS as
guardian/counsel
ON WHAT GROUNDS MAY AN ADOPTEE SEEK THE
RESCISSION OF THE ADOPTION?
ASAR
1. Attempt on the life of the adoptee;
2. Sexual assault or violence;
3. Abandonment and failure to comply with parental
obligations;
4. Repeated physical or verbal maltreatment by the adopter.
Note: Adopter cannot rescind but may disinherit the adoptee.
PRESCRIPTIVE PERIOD
 Adoptee, if incapacitated, must file the petition w/in 5 years
after he reaches the age of majority
 If he was incompetent at the time of the adoption, w/in 5
years after recovery from such incompetency
EFFECTS OF RESCISSION OF THE ADOPTION IN THE
DOMESTIC ADOPTION ACT OF 1998 (RA 8552)
1. If adoptee is still a minor or is incapacitated – Restoration of:
a. Parental authority of the adoptee’s biological parents, if
known’ or
b. Legal custody of the DSWD;
2. Reciprocal rights and obligations of the adopters and
adoptee to each other shall be extinguished;
3. Court shall order the civil registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original
birth certificate;
4. Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of judicial rescission;
5. Vested rights acquired prior to judicial rescission shall be
respected.
GROUNDS BY WHICH AN ADOPTER MAY DISINHERIT
ADOPTEE
1. Groundless accusation against the testator of a crime
punishable by 6 years or more imprisonment;
2. Found guilty of attempt against the life of the testator,
his/her spouse, descendant or ascendant;
3. Causes the testator to make changes or changes a
testator’s will through violence, intimidation, fraud or undue
influence;
4. Maltreatment of the testator by word or deed;
5. Conviction of a crime which carries a penalty of civil
interdiction;
6. Adultery or concubinage with the testator’s wife;
7. Refusal without justifiable cause to support the parent or
ascendant;
8. Leads a dishonorable or disgraceful life.
 INTERCOUNTRY ADOPTION ACT OF 1995 (RA 8043)
Who may adopt?
1. Any alien;
2. Filipino citizen, both permanently residing abroad.
INTER‐COUNTRY ADOPTION BOARD
Q: What is the function of Inter‐Country Adoption Board?
A: The Inter Country Adoption Board acts as the central
authority in matters relating to inter‐country adoption. The Board
shall ensure that all the possibilities for adoption of the child
under the Family Code have been exhausted and that the inter‐
country adoption is in the best interest of the child. Also, it shall:
i. Protect the Filipino child from abuse, exploitation,
trafficking and/or sake or any other practice in
connection with adoption whish is harmful,
detrimental, or prejudicial to the child
ii. Collect, maintain, and preserve confidential
information about the child and the adoptive
parents
iii. Monitor, follow up, and facilitate completion of
adoption of the child though authorized and
accredited agency
iv. Prevent improper financial or other gain in
connection with an adoption and deter improper
practices contrary to the Inter-Country Adoption
Act
v. Promote the development of adoption services
including post-legal adoption
vi. License and accredit child-caring/placement
agencies and collaborate with them in the
placement of Fiipino children
vii. Accredit and authorize foreign adoption agency in
the placement of Filipino children in their own
country
viii. Cancel the license to operate and blacklist the
child-caring and placement agency or adoptive
agency involved from the accreditation list of the
Board upon a finding of violation of any provision
under the Inter-Country Adoption Act
WHO MAY ADOPT?
1. At least 27 years old and 16 years older than the child
to be adopted at the time of the application unless adopter is
the parent by nature of the child;
2. If married, his spouse must jointly file for adoption;
3. Has the capacity to act or assume all rights and
responsibilities of parental authority;
4. Not been convicted of a crime involving moral
turpitude;
5. Eligible to adopt under his national law;
6. In a position to provide for proper care and support
and give necessary moral values;
7. Agrees to uphold the basic rights of the child
mandated by the UN convention of rights of Child and the
Philippine Laws;
8. Comes from a country with which the Philippines has
diplomatic relations and adoption is allowed under his national
law;
9. Possesses all the qualifications and none of the
disqualifications under the law or other applicable Philippine
laws.
Q: Sometime in 1990, Sarah, born a Filipino but by then a
naturalized American citizen, and her American husband
Sonny Cruz, filed a petition in the Regional Trial Court of
Makati, for the adoption of the minor child of her sister, a
Filipina, can the petition be granted?
A: It depends. If Sonny and Sarah have been residing in the
Philippines for at least 3 years prior to the effectivity of R.A.
8552, the petition may be granted. Otherwise, the petition
cannot be granted because the American husband is not
qualified to adopt.
While the petition for adoption was filed in 1990, it was
considered refiled upon the effectivity of R.A. 8552. This is the
law applicable, the petition being still pending with the lower
court. Under the Act, Sarah and Sonny must adopt jointly
because they do not fall in any of the exceptions where one of
them may adopt alone. When husband and wife must adopt
jointly, the Supreme Court has held in a line of cases that both
of them must be qualified to adopt. While Sarah, an alien, is
qualified to adopt, for being a former Filipino citizen who seeks
to adopt a relative within the 4th degree of consanguinity or
affinity, Sonny, an alien, is not qualified to adopt because he is
neither a former Filipino citizen nor married to a Filipino. One of
them not being qualified to adopt, their petition has to be denied.
However, if they have been residents of the Philippines 3 years
prior to the effectivity of the Act and continues to reside here until
the decree of adoption is entered, they are qualified to adopt the
nephew of Sarah under Sec 7(b) thereof, and the petition may
be granted. (2000 Bar Question)
WHO MAY BE ADOPTED?
Only a legally free child may be adopted provided the following
are submitted:
1. Child study;
2. Birth certificate/ foundling certificate;
3. Deed of Voluntary Commitment/Decree of
Abandonment/Death Certificate of parents;
4. Medical evaluation or history;
5. Psychological evaluation;
6. Recent photo;
Q: What is the definition of “child”?
A: A child is any person below 15 years old.
Q: What is a “legally‐free child”?
A: A child who has been voluntarily or involuntarily committed to
the DSWD of the Philippines, in accordance with the Child Youth
and Welfare Code
Note: No child shall be matched to a foreign adoptive family unless
it is satisfactorily shown that the child cannot be adopted in the
Philippines
GR: There shall be no physical transfer of a voluntarily
committed child earlier than 6 months from the date of
execution of Deed of Voluntary Commitment.
XPN:
1. Adoption by relative;
2. Child with special medical condition.
WHERE TO FILE APPLICATION
 Shall be filed either with the Family Court having
jurisdiction over the place where the child resides or
may be found
 Inter-Country Adoption Board, through an intermediate
agency, whether governmental or an authorized and
accredited agency, in the country of the prospective
adoptive parents
PROCEDIRE IN INTER-COUNTRY ADOPTION
If filed in Family Court:
 Governed by the Rule on Adoption (A.M. NO. 02-2-02-SC)
 Must allege that he has the qualifications
 ANNEXES TO THE PETITION
Written and translated in English:
a. Birth certificate of petitioner
b. Marriage contract, if married, and if applicable, the
divorce decree or judgement dissolving the marriage
c. Sworn statement of consent of petitioner’s biological or
adopted children above 10 years of age
d. Physical, medical, and psychological evaluation of the
petitioner certified by a duly licensed physician and
psychologist
e. Income tax returns or any authentic document showing
the current financial capability of the petitioner
f. Police clearance of petitioner issues within 6 months
before filing of the petitioner
g. Character reference from the local church/minister the
petitioner’s employer

Q: What is trial custody?

A: It is the pre‐adoptive relationship which ranges 6 months from
the time of the placement. It starts from the actual transfer of the
child to the applicant who, as actual custodian, shall exercise
substitute parental authority over the person of the child
Note:
1. If unsatisfactory – the relationship shall be suspended by
the board and the foreign adoption agency shall arrange for the
child’s voluntary care.
2. If satisfactory – the Board shall submit the written
consent of the adoption to the foreign adoption agency within 30
days after the request of the latter’s request.