ADOPTION

 Adoption used to be for the benefit of the adopter. It was intended to afford those persons who
has no child of their own. The consolation of having one by creating legal fiction, the relation of
paternity and filiation were non-existent by blood relationship. It was looked upon as solely as an
act of generosity upon the part of the adopter.

 The law on adoption now however, is geared toward the promotion of the welfare of the child
and enhancement of his/her opportunity for useful and happy life.

 Adoption statutes, being humane and salutary hold the interest and welfare of the child of
paramount consideration.

 The right to create relationship of parent and child between persons who are generally not
related by nature, exist only by virtue of a statute providing for adoption.

 Adoption is a purely a statutory creation. All statutory requirements for adoption must be met
and where court issues an adoption decree despite the fact that all said requirements are not met,
such decree is a nullity.

 The law must strictly be complied with in the sense that the mandatory requirements must all be
present.

 However, if the mandatory requirements are present, but there are only irregularities, substantial
compliance of the mandatory requirements is enough. Liberal attitude in favor of adoption is
applied.

 Being a statutory creation, a ward without the benefit of judicial adoption is neither a compulsory
or legal heir.

 Adoption is in the nature of proceedings in rem. The court does not acquire jurisdiction over the
case if the notice by publication does not carry the true name of the child to be adopted.

 Under the rules of domestic adoption, the registered name of the adoptee in the birth certificate
and the names by which the adoptee has been known are required to be stated in the caption for
the petition for adoption.

 The natural and biological parents are always given preference in the custody of their own
children. Thus, before the adoption proceed, the law requires that the child’s parents if unknown,
must be located and all reasonable means exhausted to look for them. If such efforts fail, the child
shall be registered as a foundling and subsequently by the subject of legal proceedings where
he/she will be declared abandoned.

 It is the policy of the state to ensure that every Filipino child shall remain as much as possible
under the care and custody of his/her parents. If there is a need for adoption, it is the policy of the
state to prefer adoption of the child’s extended family over an adoption by an unrelated person.

 It is also the policy of the state to encourage domestic adoption of the child for the purpose of
reserving the child’s identity and culture, hence, inter-country adoption shall be resorted to only
when domestic adoption of the child is not available and inter-country adoption is for the best
interest of the child.

LAWS IN ADOPTION
 RA NO. 8552 “DOMESTIC ADOPTION ACT OF 1998”
 RA NO. 8043 “INTER-COUNTRY ADOPTION ACT”
The domestic adoption act applies to domestic adoption of Filipino children, where the entire adoption
process, beginning from the filing of the petition up to the issuance of the adoption decree takes place in
the Philippines.

The Domestic Act applies if the adopter is a Filipino citizen permanently residing in the Philippines or a
foreigner who has been residing in the Philippines for at least 3 continuous years prior to the filing of the
petition for adoption and such residency is maintained until the adoption decree is entered.

Inter-country adoption applies to an adoption of a Filipino child in a foreign country where the petition
for adoption is filed, the supervised trial is undertaken and the decree of adoption is issued outside of the
Philippines.

Inter-country adoption law applies if the adopter is a Filipino citizen permanently residing abroad or a
foreigner who does not satisfy the residency requirement under the Domestic Adoption Act, but is
qualified to adopt under the Inter-Country Adoption Act.

WHO MAY BE ADOPTED

Under the Domestic Adoption Law:

1. A child legally available for adoption or a child whose favor a certification was issued by the
Department of Social Welfare Development that he/she is legally available for adoption after the
fact of abandonment or neglect has been proven through submission of pertinent documents or
one who is voluntarily committed by his/her parents or legal guardian

A child can be any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption or a person who is above 18 years of age but is unable
to fully take care of himself/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of mental or physically disability or condition

2. The legitimate son/daughter of one spouse by the other spouse;

The adoptee may be of legal age if he/she is a child by nature of the adopter’s spouse.

3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of

legitimacy;

If the adopter, seeking to adopt hi/her own illegitimate child is married, he/she must get the
consent of the other spouse but the latter need not join in the adoption.

If it is the other spouse who seeks to adopt the illegitimate child of the other spouse, the spouses
are required to jointly adopt.

In any case, the illegitimate child may be adopted even if he/she is already of legal age.

4. 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;

5. A child whose adoption has been previously rescinded; or

6. 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).

NOTE: The certification declaring the child legally available for adoption applies only to surrendered,
abandoned, neglected or dependent children.
Any of the adoption proceedings in court does not require a certification declaring a child legally
available for adoption:
1. Adoption of an illegitimate child by any of his/her biological parent;
2. Adoption by a child of his/her stepparents; or
3. Adoption by a child by a relative within the 4th degree of consanguinity or affinity.

Under RA 9523
Section 8. Certification. – The certification that a child is legally available for adoption shall be issued by
the DSWD in lieu of a judicial order, thus making the entire process administrative in nature.
T
 The process of declaring a child legally available for adoption has been made entirely
administrative.
 The certification issued by the DSWD shall be for all intents and purposes the primary evidence
that the child is legally available in a Domestic Adoption proceeding and in Inter-Country
Adoption proceeding

WHO MAY ADOPT

 Domestic Adoption Law

Section 7 Who May Adopt. – The following may adopt:
1. 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;

2. 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
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

NOTE: The continuity of residency requirement for at least 3 continuous years is not affected by
temporary absences for professional, business, health or emergency reasons not exceeding 60 days in 1
year, which according to the rules do not break the continuity requirement.

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

NOTE: Under the Foster Parent Act or RA 10165, it now allows the placement of the child with the foster
parent and the foster parent may adopt his foster child subject to certain conditions.

The law allows that adoption shall be made between a husband and a wife.

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.

G.R. No. 92326 January 24, 1992

REPUBLIC OF THE PHILIPPINES vs. COURT OF APPEALS and ZENAIDA C. BOBILES

Facts:
Zenaida Corteza Bobiles filed a petition to adopt Jason Condat who had been living with her family since
4 months old.  Salvador Condat, father of the child, and the social worker assigned was served with
copies of the order finding that the petition was sufficient in form and substance.  The copy was also
posted on the bulletin board of the court.  Nobody appeared to oppose the petition.  The judgment
declared that surname of the child be changed to “Bobiles”. 

Issue:
WON the petition to adopt Jason should be granted considering only Zenaida filed the petition.

Ruling:
The petition for adoption was filed when the law applicable was PD 603 (Child and Youth Welfare Code),
where such petition may be filed either of the spouses or both of them.  After the trial court rendered its
favorable decision and while the case was pending on appeal in CA, Family Code took effect where joint
adoption of both spouses is mandatory. 

Non-joinder is not a ground for the dismissal of an action or a special proceeding.   The Family Code will
have retrospective application if it will not prejudice or impair vested rights.
When Zenaida filed the petition, she was exercising her explicit and unconditional right under said law in
force at the time and thus vested and must not be prejudiced.  A petition must not be dismissed by reason
of failure to comply with law not yet in force and effect at the time. The technical rules of pleading should
not be stringently applied to adoption proceedings, and it is deemed more important that the petition
should contain facts relating to the child and its parents, which may give information to those interested,
than that it should be formally correct as a pleading. Accordingly, it is generally held that a petition will
confer jurisdiction if it substantially complies with the adoption statute, alleging all facts necessary to give
the court jurisdiction. Furthermore, the affidavit of consent attached by the husband showed that he
actually joined his wife in adopting Jayson.  His declarations and subsequent confirmatory testimony in
open court was sufficient to make him a co-petitioner.   Future of an innocent child must not be
compromised by arbitrary insistence of rigid adherence to procedural rules on the form of the pleadings.

Adoption statutes, being humane and salutary, hold the interests and welfare of the child to be of
paramount consideration. They 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 adopted, 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. 

Hence, Petition was denied.

Aliens, whether resident or non-resident, can generally adopt for as long as they have all the
qualifications possessed by a Filipino national to adopt.

The requirement for residency and certification of the qualification of the alien to adopt in his/her country
may be waived in case the alien intending to adopt is either of the following:
A. A former Filipino Citizen who seeks to adopt a relative within 4 th degree of consanguinity or
affinity;
 B. One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
C. One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the 4th degree consanguinity or affinity of the Filipino spouse.

The waiver however, is not automatic, but clearly discretionary on the court or the proper administrative
body.

The determining point in resolving this issue is the paramount interest of the child. But since they are
exception, it must be strictly construed.

Example:
A US citizen who is a former Filipino and is presently married to an American arrives in the
Philippines. A year after they jointly filed an adoption of a younger Filipino brother of the wife. They
cannot be granted a waiver of residency and certification requirements because they do not fall under the
exceptions. In the first place, the husband is not a former Filipino citizen but a natural born citizen of the
US. Second, the child to be adopted is not the legitimate child of his spouse. Third, when the spouses
jointly filed the petition to adopt the wife’s Filipino brother, who is the relative of the wife within 4 th civil
degree of consanguinity, the said wife was no longer a Filipino citizen. (Republic vs Rodolfo Toledano)

G.R. No. 94147 June 8, 1994

REPUBLIC OF THE PHILIPPINES vs. HONORABLE RODOLFO TOLEDANO

Facts:
On February 21, 1990, Spouses Alvin Clouse, a natural-born US Citizen and Evelyn Clouse, a former
Filipino who became a naturalized US citizen, filed a petition to adopt Solomon Alcala, a minor who is
Evelyn's youngest brother. The trial court granted the petition. Republic, through the Office of the
Solicitor General appealed contending that the lower court erred in granting the petition for the spouses
are not qualified to adopt under Philippine Law.

Issue:
Whether or not Spouses Clouse are qualified to adopt

Ruling:
Under Articles 184 and 185 of The Family Code of the Philippines, private respondents spouses Clouse
are clearly barred from adopting Solomon Joseph Alcala.

Article 184, paragraph (3) expressly enumerates the persons who are not qualified to adopt, viz.:
(3) An alien, except:
i. A former Filipino citizen who seeks to adopt a relative by consanguinity;
ii. One who seeks to adopt the legitimate child of his or her Filipino spouse; or
iii. One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.

Aliens, not included in the foregoing exceptions, may adopt Filipino children in accordance with the rules
on inter-country adoption as may be provided by law.

There can be no question that private respondent Alvin A. Clouse is not qualified to adopt Solomon
Joseph Alcala under any of the exceptional cases in the aforequoted provision. In the first place, he is not
a former Filipino citizen but a natural born citizen of the United States of America. In the second place,
Solomon Joseph Alcala is neither his relative by consanguinity nor the legitimate child of his spouse. In
the third place, when private respondent’s spouses Clouse jointly filed the petition to adopt Solomon
Joseph Alcala on February 21, 1990, private respondent Evelyn A. Clouse was no longer a Filipino citizen.
She lost her Filipino citizenship when she was naturalized as a citizen of the United States in 1988.

Private respondent Evelyn A. Clouse, on the other hand, may appear to qualify pursuant to paragraph
3(a) of Article 184. She was a former Filipino citizen. She sought to adopt her younger brother.
Unfortunately, the petition for adoption cannot be granted in her favor alone without violating Article
185 which mandates a joint adoption by the husband and wife. It reads:
Article 185. Husband and wife must jointly adopt, except in the following cases:
a) When one spouse seeks to adopt his own illegitimate child; or
b) When one spouse seeks to adopt the legitimate child of the other.

Article 185 requires a joint adoption by the husband and wife, a condition that must be read along
together with Article 184.

Under the Family Code, joint adoption by husband and 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 is but natural to require the spouses to adopt jointly. The
rule also insures harmony between the spouses.
Under the Domestic Adoption Act;

Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed
of his/her right to give or withhold his/her approval of the adoption, the written consent of the following
to the adoption is hereby required:
(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.

NOTE: The mandatory written consent required by law is the state’s way of assuring itself that all the
members of the family have been consulted and are amenable to the introduction of a new member in the
home. Of paramount importance among the considerations of the state is the maintenance of the
harmony within the family and the avoidance of any conflict which may arise as a result of the adoption.
But the court’s testimony of the person whose consent is needed is not necessary.

 If the child is illegitimate, the consent can be given by the mother alone because she exercises
parental authority over the illegitimate child. But if the child was already recognized by the
illegitimate father, his consent id necessary.

 No person can adopt or may be adopted except upon judicial decree by a competent court.

 A private adoption agreement between the parties is void and does not produce any legal effect.

 Adoption is a juridical act, a proceeding in rem, which creates between two persons a
relationship similar to that which result from legitimate paternity and filiation.

PROCEDURE IN A LEGAL PROCEEDING FOR ADOPTION

1. Where to file application: In the Family Court of the province or city where the prospective
parents reside. After filing: The petition shall not be set for hearing without a case study report by
a licensed social worker.

2. There shall be a Supervised Trial Custody where the:

a) Temporary parental authority is vested in prospective adopter;
b) Period is at least 6 months, but may be reduced by the court motu propio or upon
motion;
 c) If adopter is alien, the law mandatorily requires completion of the 6-month trial custody
and may not be reduced, except if: (1) a former Filipino citizen seeks to adopt a relative
within 4thdegree of consanguinity or affinity; (2) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; (3) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.

3. Decree of Adoption:  Issued by Philippine Family Court.

Consent Required: Written consent of the following to the adoption is required, in the form of
affidavit: (1) adoptee, if 10 years of age or over; (2) biological parent/s of the child, if known, or
the legal guardian, or the proper government instrumentality which has legal custody of the
child; (3) legitimate and adopted sons or daughters, 10 years of age or over, of the adopter/s and
adoptee, if any; (4) illegitimate sons/daughters, 10 years of age of over, of the adopter if living
with said adopter and the latter’s spouse, if any; (5) spouse, if any, of the person adopting or to be
adopted.

If after the publication of the order of hearing is complied with, and no opposition is interposed by the
petition and after the consideration of the case study, the qualifications of the adopter(s), trial custody
report and evidence submitted the court is convinced that the petitioners are qualified to adopt and the
adoption will redound to the best interest of the adoptee, a decree of adoption shall be entered which
shall be effective as of the date of the original petition was filed. This provision shall also apply in case the
petitioner dies before the issuance of the decree of adoption to protect the interest of the adoptee.

The decree shall state the name by which the child is supposed to be known.

Once an Adoption Decree is issued, it cannot be attack collaterally. The validity of the adoption decree
can only be assailed in a direct proceeding initiated precisely to invalidate the adoption decree.

The adoption decree shall be effective as of the date the original petition was filed.

G.R. No. 85044 June 3, 1992

MACARIO TAMARGO, CELSO TAMARGO and AURELIA TAMARGO vs. HON. COURT OF
APPEALS

Facts:
In October 1982, Adelberto Bundoc, minor, 10 years of age, shot Jennifer Tamargo with an air rifle
causing injuries that resulted in her death.  The petitioners, natural parents of Tamargo, filed a complaint
for damages against the natural parents of Adelberto with whom he was living the time of the tragic
incident.

In December 1981, the spouses Rapisura filed a petition to adopt Adelberto Bundoc.  Such petition was
granted on November 1982 after the tragic incident.  

Issue:
WON parental authority concerned may be given retroactive effect so as to make adopting parents the
indispensable parties in a damage case filed against the adopted child where actual custody was lodged
with the biological parents.

Ruling:
Parental liability is a natural or logical consequence of duties and responsibilities of parents, their
parental authority which includes instructing, controlling and disciplining the child.  In the case at bar,
during the shooting incident, parental authority over Adelberto was still lodged with the natural parents. 
It follows that they are the indispensable parties to the suit for damages.  “Parents and guardians are
responsible for the damage caused by the child under their parental authority in accordance with the civil
code”. 

SC did not consider that retroactive effect may be given to the decree of adoption so as to impose a
liability upon the adopting parents accruing at the time when they had no actual or physical custody over
the adopted child.  Retroactivity may be essential if it permits accrual of some benefit or advantage in
favor of the adopted child. 

Article 35 of the Child and Youth Welfare Code fortifies the conclusion reached above. Article 35
provides as follows:

Art. 35. Trial Custody. — No petition for adoption shall be finally granted unless and until the adopting
parents are given by the courts a supervised trial custody period of at least six months to assess their
adjustment and emotional readiness for the legal union. During the period of trial custody, parental authority
shall be vested in the adopting parents. (Emphasis supplied)

Under the above Article 35, parental authority is provisionally vested in the adopting parents during the
period of trial custody, i.e., before the issuance of a decree of adoption,  precisely because the adopting
parents are given actual custody of the child during such trial period. In the instant case, the trial custody
period either had not yet begun or bad already been completed at the time of the air rifle shooting; in any
case, actual custody of Adelberto was then with his natural parents, not the adopting parents.

Accordingly, we conclude that respondent Bundoc spouses, Adelberto's natural parents, were
indispensable parties to the suit for damages brought by petitioners, and that the dismissal by the trial
court of petitioners' complaint, the indispensable parties being already before the court, constituted grave
abuse of discretion amounting to lack or excess of jurisdiction.

Petition for review was hereby granted.

 Upon the finality of the adoption decree, the surname of the adoptee shall be changed to the
surname of the adopter.

 The original birth certificate of the adoptee shall be cancelled and shall be replace by a new one
without any indication or annotation that the same is an amended issue. The reason for this is to
preserve the confidentiality of the adoption process and to protect the rights and interest of the
natural parents, the adopters and the adoptee

EFFECTS OF ADOPTION
I. Transfer of parental authority –
All legal ties between the biological parents and the adoptee shall be severed and the same shall
then be vested to the adopter(s) except in cases where the biological parent is the spouse of the
adopter, the parental authority of the biological parents shall terminate and the same shall be
vested in the adopters (Sec. 16 RA 8552).

However, 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.
(Bartolome vs. SSS)

II. Legitimacy – the adoptee shall be considered the legitimate son/daughter of the adopter(s) for all
intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind (Sec 17 RA 8552)
 However, the relationship established by adoption is limited to the adopting parents and does
not extend to their other relatives except as expressly provided for by law.

The adopted child cannot be considered as a relative of the descendants or collateral relatives of
the adopting parents nor of the legitimate children which they may have after the adoption
except that the law imposes certain impediments to marriage by reason of adoption.

Neither are the children of the adopted considered as descendants of the adopter.

III. Successional rights

i. In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal
rights of succession without distinction from legitimate filiation (Sec. 18);
ii. However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern (Sec. 18);
iii. Art. 189(3) of the Family Code and Sec. 18, Art V of RA 8552 provide that the adoptee
remains an intestate heir of his/her biological parent.
The biological parents retain their rights of succession to the estate of the adopted
child pursuant to Art. 190 par 2 of the Family Code.

IV. The Adoption Decree shall state the name by which the child is supposed to be known.
 An amended certificate of birth shall be issued by the Civil Registry attesting to the fact
that the adoptee is the child of the adopter(s) by being registered by his/her surname.
 The original certificate of birth shall be stamped “cancelled” with the annotation of the
issuance of the amended birth certificate and shall be sealed in the Civil Registry
Records.
 The new birth certificate to be issued to the adoptee shall not bear any notation that it is
an amended issue.
 All records, books, and papers relating to the adoption cases in the files of the court, the
DSWD, or any other agency or institution participating in the adoption proceedings shall
be kept strictly confidential and the court may order its release under the following
conditions only: (1) the disclosure of the information to a third person is necessary for
purposes connected with or arising out of the adoption; (2) the disclosure will be for the
best interest of the adoptee; and (3) the court may restrict the purposes for which it may
be used (Sec. 15).
G.R. No. 148311. March 31, 2005
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA

Facts:
Honorato Catindig filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia.
He prayed that the child's middle name Astorga be changed to Garcia, her mother's surname, and that
her surname Garcia be changed to Catindig, his surname.

Trial court granted the petition and declared Stephanie as his legitimate child and heir, and pursuant to
Art. 189 of the Family Code, she is now known as Stephanie Nathy Catindig.
Honorato filed a motion for clarification and/or reconsideration that Stephanie should be allowed to use
the surname Garcia as her middle name.

The Republic, through the OSG, agreed with Honorato for her relationship with her natural mother
should be maintained and preserved, to prevent any confusion and hardship in the future, and under
Article 189 she remains to be an intestate heir of her mother.

Issue:
Whether or not an illegitimate child, upon adoption by her natural father, use the surname of her natural
mother as her middle name.

Ruling:
Yes. there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use,
as middle name her mother’s surname, we find no reason why she should not be allowed to do so.

Article 176 of the Family Code, as amended by Republic Act No. 9255, (An Act Allowing Illegitimate
Children To Use The Surname Of Their Father) is silent as to what middle name a child may use. Article
365 of the CC merely provides that “an adopted child shall bear the surname of the adopter.” Article 189
of the Family Code, enumerating the legal effects of adoption, is likewise silent on the matter.

Republic Act No. 8552, (Domestic Adoption Act of 1998) an legitimate child by virtue of her adoption,
Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any
kind, including the right to bear the surname of her father and her mother.

THE RIGHT TO USE THE SURNAME OF THE ADOPTER

 The FC and the Domestic Adoption Act declare that the adopted child has the right to use the
surname of the adopter(s).
 However, the provision of law which entitles the adopted minor to the use of the surname of the
adopter refers to the adopters own surname and not to her surname acquired by virtue of
marriage because adoption created a personal relationship only between the adopter and the
adopted.
In the following situations the adopted can only use the surname of the adopters own surname and not
the latter’s surname acquired by virtue of marriage:
1. If the wife adopts illegitimate child with the consent of the husband;
2. If the spouses are legally separated, and only the wife files the adoption;
3. If the adoption was made by the woman prior to her marriage and thereafter she contracted a
marriage

NOTE: There is no law prohibiting an illegitimate child adopted by his/her natural father to use as
middle name his/her mother’s surname. The interests and welfare of the adopted child are of primary
and paramount consideration, hence, every reasonable intendment should be sustained to promote and
fulfill these noble and compassionate objectives of the law.

RESCISSION OF DECREE OF ADOPTION

Who may rescind Adoption

The sole right to sever the legal ties created by adoption belongs to the adopted child.

An adopter while barred by severing the legal ties of the adoption can disinherit the child instead.

Grounds for rescission:

1. Repeated physical and verbal maltreatment by the adopter(s) despite having undergone
counselling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations (Sec. 19).

Prescriptive period:
A. If the adoptee is incapacitated – within five (5) years after he reaches the age of majority;
B. If incompetent at the time of the adoption – within five (5) years after recovery from such
incompetency (Sec. 21, Rule on Adoption).

Effects of rescission of adoption

I. Parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the
DSWD shall be restored if the adoptee is still a minor or incapacitated;
II. Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be
extinguished;
III. Cancellation of the amended certificate of birth of the adoptee and restoration of his/her original
birth certificate; and
IV. 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.

INTER-COUNTRY ADOPTION ACT RA 8043

Inter-Country Adoption refers to the 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 in the Philippines.

 Applies to adoption of a Filipino child in a foreign country, where the petition for adoption is
filed, the supervised trial custody is undertaken and the decree of adoption is issued outside of
the Philippines.
  Inter-Country Adoption applies to Filipino Citizens and to a foreigner who does not satisfy the
residency requirement under the Domestic Adoption Act, but is qualified to adopt under the
Inter-Country Adoption Act.

 The Inter-Country Adoption shall be resorted to ONLY when Domestic Adoption is not available
and Inter-Country Adoption is in the best interest of the child.

WHO MAY BE ADOPTED

 Only a legally free child or a child whose certification was issued by the DSWD that he/she is
legally available for adoption after the fact of abandonment or neglect has been proven through
the submission of pertinent documents may be adopted.
 The child may be
i. Below 15 years of age;
ii. Over 18 years of age but is unable to fully take care himself/herself or protect
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of
physical or mental disability or condition;
iii. Has been voluntarily or involuntarily committed to the DSWD in accordance with PD
603.

WHO MAY ADOPT

1. Filipino Citizens
 Permanent resident of a foreign country;
 Has the capacity to act and assume all rights and responsibilities of parental authority
under Philippine laws;
 Has undergone the appropriate counselling from an accredited counselor in country of
domicile;
 Has not been convicted of a crime involving moral turpitude;
 Eligible to adopt under Philippine laws;

A Filipino Citizen
 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;
  Agrees to uphold the basic rights of the child as embodied under Philippine laws, the
UN Convention on Rights of the Child, and to abide by the rules and regulations issued
to implement the provisions of the ICAA;
 Residing in a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is
allowed in that country;

Filipino Citizens
 Possesses all the qualifications and none of the disqualifications provided in the ICAA
and in other applicable Philippine laws;
 At least 27 years of age at the time of the application; and
 At least 16 years older than the child to be adopted at the time of application, unless (a)
adopted is the parent by nature of the child to be adopted; or (b) adopter is the spouse of
the parent by nature of the child to be adopted.

2. Aliens
 At least 27 years of age at the time of the application;
 At least 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;
 Has the capacity to act and assume all rights and responsibilities of parental authority
under his national laws;
  Has undergone the appropriate counseling from an accredited counselor in his/her
country;
 Has not been convicted of a crime involving moral turpitude;
 Eligible to adopt under his/her national law;
 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;
 Agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN
Convention on the Rights of the Child, and to abide by the rules and regulations issued
to implement the provisions of the ICAA;
 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
 Possesses all the qualifications and none of the disqualifications provided in the ICAA
and in other applicable Philippine laws.

PROCEDURE FOR INTER-COUNTRY ADOPTION

The process to declare a child legally available for adoption is entirely administrative. Under the present
law, it is only the DSWD who shall have the sole authority to issue the certification declaring the child
legally available for adoption.

The certification is not required in the following:

 Adoption of an illegitimate child by any of his/her biological parent

 Adoption of a child by his/her stepparent
 Adoption of a child by a relative within the 4th degree of consanguinity or affinity

Where to file application: Either in (a) Family Court having jurisdiction over the place where the child
resides or may be found, or (b) Inter-Country Adoption Board (ICAB) through an intermediate agency,
whether governmental or an authorized and accredited agency, in the country of the prospective
adoptive parents.

After filing: (a) if filed in the FC, court determines sufficiency of petition in respect to form and substance,
after which, petition is transmitted to ICAB; (b) if petition is already with ICAB, it conducts matching of
the applicant with an adoptive child; (c) after matchmaking, the child is personally fetched by the
applicant for the trial custody which takes place outside of the Philippines.

Supervised Trial Custody:

 This process takes place outside of the country and under the supervision of the foreign adoption
agency;
 For a period of 6 months;
 If unsuccessful, ICAB shall look for another prospective applicant. Repatriation of the child is to
be resorted only as a last resort;
 If successful, ICAB transmits a written consent for the adoption to be executed by the DSWD, and
the applicant then files a petition for adoption in his/her country.

Decree of Adoption: Issued by a foreign court.

Consent Required:
 Written consent of biological or adopted children above 10 years of age, in the form of sworn
statement is required to be attached to the application to be filed with the FC or ICAB;
 If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the
written consent to the adoption executed by the DSWD is required.

Sec. 16. Penalties. —

 A. Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption,
in violation of the provisions of this Act, shall be punished with a penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty
thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200,000), at the
discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any
manner contrary to the provisions of this Act or established State policies, its implementing rules
and regulations, executive agreements, and other laws pertaining to adoption.

Illegality may be presumed from the following acts:

i. consent for an adoption was acquired through, or attended by coercion, fraud, improper
material inducement;
ii. there is no authority from the Board to effect adoption;
iii. the procedures and safeguards placed under the law for adoption were not complied
with; and
iv. the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.

B. Any person who shall violate established regulations relating to the confidentiality and integrity
of records, documents and communications of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos
(P10,000), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article
shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two or more
children shall be considered as an offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.

Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or confederating with one another in carrying out any of the
unlawful acts defined under this Article.Penalties as are herein provided shall be in addition to any other
penalties which may be imposed for the same acts punishable under other laws, ordinances, executive
orders, and proclamations.