EBUÑA, Ma. Samantha Louise L.

3E Special Proceedings
2015400104 Dean Rico Paolo R. Quicho

ADOPTION: Intercountry & Domestic Adoption

ADOPTION as defined

Adoption is defined as "a judicial act which creates between two persons a relationship similar to that
which results from legitimate paternity and filiation" 1. One of the objectives of the law is for the best
interests of the child which shall be the paramount consideration in all matters relating to his care and
custody. It also pertains to the process of making a child, whether related or not to the adopter, possess
in general, the rights accorded to a legitimate child. 2

Nature of Adoption

Adoption is strictly personal between the adopter and the adopted. 3

INTER-COUNTRY ADOPTION (Republic Act No. 8043)

One of the objectives of Republic Act No. 8043 is to consider inter-country adoption as an alternative
means of child care, if the child cannot be placed in a foster or an adoptive family or cannot, in any
suitable manner, be cared for in the Philippines.

INTER-COUNTRY ADOPTION BOARD

It pertains to a body created to act as the central authority in matter relating to inter-country adoption.
It shall also act as the policy-making body for purposes of carrying out the provisions of this Act, in
consultation and coordination with the Department, the different child-care and placement agencies,
adoptive agencies, as well as non-governmental organizations engaged in child-care and placement
activities. 

I. JURISDICTION AND VENUE

Section 10 of RA No. 8043 provides that an application to adopt a Filipino child shall be
filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with the
Board, through an intermediate agency, whether governmental or an authorized and accredited
agency, in the country of the prospective adoptive parents. The Rules of Court shall apply in case
of adoption by judicial proceedings. 

In addition, the law on Intercountry Adoption specifically Section 11, states that no child
shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot
be adopted locally.

II. PROCEDURES

WHO MAY BE ADOPTED

1
A Valverde 473, quoted in Prasnick vs. Rep. of the Phil. 665
2
In the Matter of the Afoption of Stephanie Nathy Astorga Garcia; G.R NO. 148311; March 31, 2005
3
Teotico v. Del Val, G.R NO. L-18753; March 26, 1995

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2015400104 Dean Rico Paolo R. Quicho

Prior to the Adoption process, Section 8 of the said Act provides that, only a legally free child may be the
subject of inter-country adoption. The law defines a legally free child as a child who has been voluntarily
or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code. In
addition Section 11 states that “No child shall be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted locally”. There must also be a presentation of
certain documents that must be submitted with the Interagency Adoption Board such as:

(a)Child study;
    (b)Birth certificate/foundling certificate;
    (c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;
    (d)Medical evaluation /history;
    (e)Psychological evaluation, as necessary; and
    (f)Recent photo of the child.

WHO MAY ADOPT?

As to the persons who may adopt a child, the Act provides under Section 9, that an alien or a
Filipino citizen permanently residing abroad may file provided that he/she:

    (a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be
adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted
or the spouse of such parent:
    (b) if married, his/her spouse must jointly file for the adoption;
    (c) has the capacity to act and assume all rights and responsibilities of parental authority under his
national laws, and has undergone the appropriate counseling from an accredited counselor in his/her
country;
    (d) has not been convicted of a crime involving moral turpitude; 
    (e) is eligible to adopt under his/her national law;
    (f) is in a position to provide the proper care and support and to give the necessary moral values and
example to all his children, including the child to be adopted;
    (g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the
provisions of this Act;
    (h) comes from a country with whom the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his/her
national laws; and
    (i) possesses all the qualifications and none of the disqualifications provided herein and in other
applicable Philippine laws.

CONTENTS OF THE APPLICATION AND SUPPORTING DOCUMENTS

The application shall be supported by the following documents written and officially translated in
English:

    (a) Birth certificate of applicant(s);

    (b) Marriage contract, if married, and divorce decree, if applicable;
    (c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of

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2015400104 Dean Rico Paolo R. Quicho

sworn statement;
    (d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;
    (e) Income tax returns or any document showing the financial capability of the applicant(s);
    (f) Police clearance of applicant(s);
    (g) Character reference from the local church/minister, the applicant's employer and a member of the
immediate community who have known the applicant(s) for at least five (5) years; and
    (h) Recent postcard-size pictures of the applicant(s) and his immediate family;

The trial custody shall be for a period of six (6) months from the time of placement and the The
governmental agency or the authorized and accredited agency in the country of the adoptive parents
which filed the application for inter-country adoption shall be responsible for the trial custody and the
care of the child.

During the trial custody, the adopting parent(s) shall submit to the governmental agency or the
authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report of
the child's adjustment. The progress report shall be taken into consideration in deciding whether or not
to issue the decree of adoption.

The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial
custody are monitored and checked as reported by the authorized and accredited inter-country
adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not
been approved.
III. JURISPRUDENCES

MARCAIDA V. ALGUBAT G.R. No. L-24006; November 25, 1967

The Supreme Court ruled in its wise, hold that an adoption created under the law of a foreign country is
entitled to registration in the corresponding civil register of the Philippines. It is to be understood,
however, that the effects of such adoption shall be governed by the laws of this country. Private
international law offers no obstacle to recognition of foreign adoption. This rests on the principle that
the status of adoption, created by the law of a State having jurisdiction to create it, will be given the
same effect in another state as is given by the latter state to the status of adoption when created by its
own law.

DOMESTIC ADOPTION (REPUBLIC ACT NO. 8552)

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EBUÑA, Ma. Samantha Louise L. 3E Special Proceedings
2015400104 Dean Rico Paolo R. Quicho

I. JURISDICTION AND VENUE

The petition for adoption, as stated under Section 6, shall be filed with the Family Court of the province
or city where the prospective parents reside.

II. CONSENT TO ADOPTION

Section 9 of RA 8552 provides that the written consent must be necessarily obtained prior to the
adoption to the following instances if:

(a) The adoptee, if ten (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, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;

(d) The illegitimate sons/daughters, ten (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.

III. PROCEDURES

ELIGIBLITY AND REQUIREMENTS

Section 7 of the said act enumerates the following persons who may avail domestic adoption provided
that he/she is:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her children in keeping with the means of the family.
The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be
waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's
parent;

(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living
in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, that he/she has been certified by
his/her diplomatic or consular office or any appropriate government agency that he/she has the legal
capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity
or affinity; or

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(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the termination of the guardianship and clearance of
his/her financial accountabilities.

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

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the
other spouse has signified his/her consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other,
joint parental authority shall be exercised by the spouses.

On the other hand, Section 8 of the Said Act states the following persons who may be adopted
through domestic adoption namely:

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter(s) as his/her own child since minority;

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of death of said parent(s)

The process is divided into 2 phases namely: Administrative & Judicial Phase

ADMINISTRATIVE PHASE

1. Attend adoption seminars;

2. Application in DSWD Field Offices. Interested parents may also check licensed foster care
agencies or child placing agencies that the DSWD Field Offices accredited;
3. Parents will then be assessed by a social worker from the field office or the child placing agency
for a Home Study Report;
4. A child will then be matched to prospective adoptive parents;
5. A Pre-Adoption Placement Authority and Affidavit of Consent to Adoption will then be issued;
6. After being issued the certifications, the child will be placed with the prospective parents;
7. There will be a supervision period of at least 3 months; and
8. A Certificate of Consent to Adoption will be issued.

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JUDICIAL PHASE

(1) File a petition for adoption;

(2) A supervised trial custody period of 6 months or less will then take place;
(3) Court hearings on the petition; and
(4) A Decree of Adoption and Entry of Judgement with the amended birth certificate will be issued.

IV. EFFECTS OF ADOPTION

Upon the successful adoption process, all legal ties particularly the parental authority, between the
biological parent(s) and the adoptee shall be severed, except in cases where the biological parent is the
spouse of the adopter as provided by Section 16 of the said Act.

In terms of the legitimacy of the adoptee, Section 17 states that he/she shall be considered as the
legitimate son/daughter of the adopter(s) for all intents and purposes & such is also entitled to all the
rights and obligations (love, guidance and support in keeping with the means of the family) provided by
law to legitimate sons/daughters born to them without discrimination of any kind. 4In case husband and
wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental
authority shall be exercised by the spouses. 

As to legal and intestate succession, the adopter(s) shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a
will, the law on testamentary succession shall govern.
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In summary, adoption has, thus, the following effects: (1) sever all legal ties between the biological
parent(s) and the adoptee, except when the biological parent is the spouse of the adopter; (2) deem the
adoptee as a legitimate child of the adopter; and (3) give adopter and adoptee reciprocal rights and
obligations arising from the relationship of parent and child, including but not limited to: (i) the right of
the adopter to choose the name the child is to be known; and (ii) the right of the adopter and adoptee
to be legal and compulsory heirs of each other.

V. RECISSION AND REVOCATION OF ADOPTION

Section 19 enumerates the grounds for recession of adoption if committed by the adopter(s) which are
of the following:

(a) Repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;

(b) Attempt on the life of the adoptee;

c) Sexual assault or violence; or

(d) Abandonment and failure to comply with parental obligations.

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IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM, MONINA P. LIM G.R. Nos. 168992-93; May 21, 2009

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IN RE: PETITION FOR ADOPTION OF MICHELLE P. LIM, MONINA P. LIM G.R. Nos. 168992-93; May 21, 2009

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Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

The petition for rescission shall be filed with the Family Court of the city or province where the adoptee
resides. Said proceeding must be done in a separate proceeding from the adoption. 6

Section 20. Effects of Rescission. – If the petition is granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is
still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and
restore his/her original birth certificate.

Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable
under the Penal Code if the criminal acts are properly proven.

VI. JURISPRUDENCES

MALKINSON VS. AGRAVA G.R. No. L-36309 November 26, 1973

The Supreme ruling that the purpose of adoption must be in consonance with the liberal concept that
adoption statutes, being humane and salutary, hold the interest and welfare of the child to be of
paramount consideration and are designed to provide homes, parental care and education for
unfortunate, needy or orphaned children and give them the protection of society and family in the
person of the adopter as well as to allow childless couples or persons to experience the joys of
parenthood and give them legally a child in the person of the adopted for the manifestation of their
natural parental instincts. Every reasonable intendment should be sustained to promote and fulfill these
noble and compassionate objectives of the law.

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DELA CRUZ VS. DE LA CRUZ; L-19391; SEPTEMBER 29, 1964