ADOPTION
-a juridical act, a proceeding in rem, which creates between two
persons a relationship similar to that which results from legitimate
filiation and paternity.
-It is a privilege; a right created by statute; governed by the state’s
determination of what is for the best welfare of the child
-A child by adoption cannot inherit from the parent unless the
adoption has been done in accordance with law (RA 8552, RA
8043).
Note: ONLY adoption made through the court is valid in this
jurisdiction.
NATURE
-Strictly personal; in rem; liberally construed to carry out the
beneficient purposes of the adoption institution ad protect the rights
and priveleges of the adopted child
PURPOSE
-Paramount considerations are the interest and welfare of the child
INTER COUNTRY ADOPTION
-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 outside the Philippines
INTER COUNTRY ADOPTION BOARD
-a body created to act as the central authority in matters relating to
ICA (Inter-Country Adoption); acts as the policy making body
WRITTEN CONSENT OF THE BIOLOGICAL PARENTS
-refers to parents who have not abandoned their child
-indispensable for the validity of the adoption decree
Re Consent: When NOT Necessary
-when the child is deemed as an abandoned child, in which case,
certification from the DSWD would suffice
EFFECTS OF ADOPTION
1. Adopter will exercise parental authority;
2. All legal ties between the biological parents and the adoptee
shall be severed except when the biological parent is
spouse of the adopter;
3. Adoptee shall be considered legitimate child of adopter for
all intents and purposes;
4. Adopters shall have reciprocal rights of succession without
distinction from legitimate filiation
Note: GENERAL RULE
The decree of adoption shall have a retroactive effect on the
time of petition
Exception: Tamargo vs. CA; principle of vicarious liability
RE: Use of Surname of the Mother as Middle Name
-allowed (In Re: Adoption of Stephanie Nathy Astorga)
WHOSE CONSENT IS NECESSARY TO EFFECT ADOPTION
(Section 9, RA 8552)
a. The adoptee, if 10 years of age or over;
b. The biological parent(s) of the child if known, or the legal
guardian, or the proper government instrumentality which
has legal custody of the child;
c. The legitimate and adopted sons/daughters, 10 years of age
or over of the adopter(s) and adoptee, if any;
 d. The legitimate sons/daughters, 10 years of age or over, of
the adopter if living with said adopter and the latter’s
spouse, if any; and
e. The spouse, if any, of the person adopting or to be adopted.

JOINT ADOPTION OF SPOUSES

-mandatory; “shall”

General Rule: Husband and wife shall jointly adopt, except in the
following cases:

1. If one spouse seeks to adopt the legitimate child of the

other;
2. If one spouse seeks to adopt his own illegitimate child,
provided that the other spouse has signified his consent
thereto; and
3. If the spouses are legally separated from each other.
DISTINCTIONS BETWEEN RA 8552 AND RA 8043
“A child legally available for adoption”

-A child in whose favor a certification was issued by the DSWD that

he/she is legally available for adoption after the fact of
abandonment or neglect has been proven thru the submission of
pertinent documents or one who was voluntarily committed by
his/her parent(s) or legal guardian
RESCISSION OF ADOPTION
-separate proceeding from adoption
-Under RA 8552, the adopter can no longer rescind the
adoption however, he can disinherit the adoptee
-Rescission relates only as to the date of the judgment, vested
rights prior thereto should be respected
WHO MAY FILE
1. Adoptee
-over 1 years of age; or
-if still a minor, with assistance of DSWD
2. Guardian/Counsel if over 18 but incapacitated
GROUNDS
1. Repeated physical violence and verbal maltreatment by the
adopter despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; and
4. Abandonment or failure to comply with parental obligations
Note: This refers only to adoption validly decreed
VENUE
-Family Court of the City or Province where the adoptee resides
PERIOD
-within 5 years from reaching the age of majority or after recovery
from incompetency
ANSWER
-within 15 days
EFFECTS OF RESCISSION
1. Rescission of adoption, with or without costs;
2. Parental authority of biological parent or legal custody of
DSWD will be restored if the adoptee is still a minor or
incapacitated;
3. Reciprocal rights and obligations of adoptee and adopter
shall be extinguished;
4. Successional rights shall revert to its status prior to
adoption, as of the date of judgment of rescission;
5. Vested rights acquired prior thereto shall be respected;
6. The adoptee to use the name stated in his original certificate
of birth or foundling certificate;
7. Civil registrar will cancel the new birth certificate and shall
reinstate the old one.
Note:
-Agreement does not effectuate the revocation of adoption.
-The validity of adoption cannot be attacked collaterally.
“BEST INTEREST OF THE MINOR” STANDARD
The best interests of the minor and shall give paramount
consideration to his material and moral welfare. The best interests
of the minor refer to the totality of the circumstances and conditions
as are most congenial to the survival, protection, and feelings of
security of the minor 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 (Sec. 14[[A.M. No. 03-04-04-SC 2003-04-22]]. It would
thus be against the spirit of the law if financial consideration were to
be the paramount consideration in deciding whether to deprive a
person of parental authority over his/her children. Again, it is the
best interest of the child that takes precedence in adoption.
( Landingin vs. Republic, G.R. No. 164948, June 27, 2006)