ADOPTION

1. Distinguish Domestic Adoption from Inter-country Adoption

Domestic adoption – legal process of adopting a Filipino child by Filipinos and/or aliens
residing in the Philippines for at least 3
consecutive years

Inter-country adoption – 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 outside the
Philippines [Sec. 3(a), R.A. 8043]

Inter-country Adoption Board

Central policy-making authority in matters relating to inter-country adoption [which domestic
adoption does not have]
[Sec. 4, R.A. 8043]

2. Domestic Adoption

Procedure
[A.M. 02-6-02-SC]
A certification that the child is legally available for adoption must be procured as a
prerequisite for adoption proceedings [R.A. 8552/R.A. 8043 as amended by R.A. 9523]
↓
Verified petition filed with the Family Court of the province or city where the prospective
adoptive parent(s) reside [Sec. 6]
↓
If adopter is a Filipino, the petition shall allege:
a. Jurisdictional facts
b. That the petitioner
i. is of legal age
ii. in possession of full civil capacity and legal rights
iii. of good moral character iv. has not been convicted of any crime involving moral turpitude
v. emotionally and psychologically capable of caring for children
vi. at least 16 years older than the adoptee (except when adopter is the biological parent of
the adoptee or is the spouse of the adoptee’s parent), and
vii. who is in a position to support and care for his/her children in keeping with the means of
the family

If adopter is an alien, the petition shall allege:

a. Jurisdictional facts;
b. sub-paragraph (b) above;
c. That his country has diplomatic relations with the Republic of the Philippines;
d. That he has been certified by his diplomatic or consular office or any appropriate government
agency to have the legal capacity to adopt in his country and his government allows the adoptee
to enter his country as his adopted child and reside there permanently as an adopted child; and
e. That he has been living in the Philippines for at least 3 continuous years prior to the filing of the
petition and he maintains such residence until the 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:
a. is a former Filipino citizen who seeks to adopt a relative within the 4 th degree of
consanguinity or affinity; or
b. seeks to adopt the legitimate child of his
Filipino spouse; or
c. is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within
the 4th degree of consanguinity or
affinity of the Filipino spouse

If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship
had been terminated and the guardian had cleared his financial
accountabilities

If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
a. one spouse seeks to adopt the legitimate child of the other, or
b. one spouse seeks to adopt his own illegitimate child and the other spouse signified written
consent thereto, or
c. the spouses are legally separated from
each other
[Sec. 7; Sec. 7, Sec. 9, R.A. 8552]
↓
Annexes to the petition:
a. Birth, baptismal or foundling certificate, as the case may be, and school records showing
the name, age and residence of the adoptee;
b. Affidavit of consent of persons required under Sec. 9 of R.A. 8552;
c. Case study report on the adoptee, his biological parent(s), as well as the adopter(s);
d. Decree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee,
if any [Sec. 11]
↓
Order of hearing [Sec. 12]
↓
Hearing

Petitioner and adoptee must personally appear and the former must testify before the
presiding judge. The court shall also verify from the social worker whether the biological
parent(s) have been properly counseled against making hurried decisions [Sec. 14, Sec. 10,
R.A. 8552]
↓
Before issuance of the adoption decree, the court shall give the adopter a supervised trial
custody of the adoptee for at least within 6 months. During said period, temporary parental
authority shall be vested in the adopter. The court may, motu proprio or upon motion, reduce the
period or exempt the parties if it will be for the best interest of the adoptee, stating the reasons
therefor (but an alien adopter is required to complete the 6-month period except if he falls under
the exceptions)

If a child is below 7 and is placed with the prospective adopter through a pre-adoption placement
authority, the court shall order that the prospective adopter shall enjoy all the benefits to which the
biological parent is entitled from the date the adoptee is placed with him [Sec. 15; Sec. 12, R.A.
8552]
↓
Decree of adoption to be issued which shall take effect as of the date the original petition was filed,
even if the petitioner dies before its issuance

The decree shall:

a. State the name by which the child is to be known and registered;
b. Order the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-
day reglementary period to appeal;
c. Order the adopter to submit a certified true copy of the decree and the certificate of finality to
the Civil Registrar where the child was originally registered within 30 days from receipt of
certificate of finality;
d. Order the Civil Registrar of the place where adoptee was registered:
i. To annotate on the original birth certificate the adoption decree within 30 days from
receipt of
certificate of finality;
ii. To issue a birth certificate which shall not bear any notation that it is new or
amended;
iii. To seal the original birth certificate in the civil registry records which can be opened
only upon order of the court which issued the adoption decree; and d. to submit to
the issuing court proof of compliance with the foregoing within 30 days from receipt
of decree
[Sec. 16; Secs. 13-14, R.A. 8552]

a. Effects of Adoption

1. Parental Authority

Except in cases where the biological parent is the spouse of the adopter, all legal ties between
the biological parent(s) and the adoptee shall be severed and the same shall then be vested on
the adopter(s)
[Sec. 16]

2. Legitimacy The adoptee shall be considered as the legitimate son/daughter

of the adopter(s) for all
intents and purposes [Sec. 17]

3. Succession
 In legal and intestate succession, the adopter(s) and the adoptee 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. [Sec. 18]

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
[In Re : Petition for Adoption of Lim, G.R. No.
168992-93 (2009)]

b. Instances When Adoption May be Rescinded

Upon petition of the adoptee, with the assistance of the DSWD, as guardian or counsel, if a minor or
if over 18 years of age but is incapacitated.

Grounds for Rescission

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

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
Art. 919 of the Civil Code
[Sec. 19]

c. Effects of Rescission of Adoption

Restoration of parental authority or legal custody if adoptee a minor or is

incapacitated
If the petition is granted, the 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.

Reciprocal rights and obligations of the adopter(s) and the adoptee to each other is
extinguished

Restoration of original birth certificate The court shall order the Civil Registrar to cancel the
amended certificate or 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 judicial rescission Vested rights acquired prior to rescission shall be
respected.
 The foregoing effects of rescission is without prejudice to the penalties imposable under the
RPC if the criminal acts are properly proven.
[Sec. 20]

3. Inter-country Adoption

Procedure
[A.M. 02-6-02-SC]
An alien or a Filipino citizen permanently residing abroad shall allege in the petition: a. That
he is at least 27 years old and 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 or the spouse of
such parent;
b. If married, the name of the spouse who must be joined as co-petitioner except when the
adoptee is the legitimate child of his spouse;
c. That he has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone appropriate counseling from an
accredited counselor in his country;
d. That he has not been convicted of a crime involving moral turpitude;
e. That he is eligible to adopt under his national law;
f. That he is in a position to provide proper care and support;
g. That he agrees to uphold the basic rights of the child under Philippine laws, and UNCRC,
and to abide by the rules and regulations under R.A. 8043;
h. That he comes from a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adopted is allowed under his national laws; and
i. That he possesses all the qualifications
and none of the disqualifications provided in R.A. 8043 and in other applicable Philippine
laws
[Sec. 30; Sec. 9, R.A. 8043]
↓
Annexes to the petition written and translated in the English language: a. Birth certificate of
petitioner;
b. Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the
marriage;
c. Sworn statement of consent of petitioner’s biological or adopted children above 10 years old;
d. Physical, medical and psychological
evaluation of the petitioner certified by a duly licensed physician and psychologist;
e. ITRs or any authentic document
showing the current financial capability of the petitioner;
f. Police clearance of petitioner issued
within 6 months before the filing of the petition;
g. Character reference from the local church/minister, the petitioner’s employer and a member of
the
immediate community who have known
the petitioner for at least 5 years;
h. Full body postcard-size pictures of
petitioner and his immediate family taken at least 6 months before filing the
 petition [Sec. 31; Sec. 10, R.A. 8043]
↓
The court, after finding that the petition is sufficient in form and substance and a proper case for
inter-country adoption, shall immediately transmit the petition to the InterCountry Adoption Board
for appropriate
action [Sec. 32]

The Inter-Country Adoption Board shall issue a clearance that the child cannot be adopted locally,
and when the Board is ready to transmit the child to the authorized and accredited inter-country
adoption agency, the adoptive parent(s) shall personally fetch the child in the Philippines.

A supervised trial custody shall be done for a period of 6 months from the time of placement of the
child to the adoptive parents, to be facilitated by the inter-country adoption agency where the
adoptive parents filed their application. Only after the lapse of 6 months will an adoption decree
issue in the said country and a copy of which shall be sent to the Board
[Sec. 11, R.A. 8043]

a. When Allowed

Only to be used as a last resort and in the best interest of the child when the Inter-country
Adoption Board has exhausted all possibilities for adoption under the Family Code.
[Sec. 7, R.A. 8043]

Family matching
No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the
child cannot be adopted locally.
[Sec. 11, R.A. 8043]

Only a child legally available for domestic adoption may be the subject of inter-country adoption.
[Sec. 29; Sec. 8, R.A. 8043]

b. Functions of the Regional Trial Court

1. Receive the application

2. Assess the qualification of the prospective adopter
3. Refer its findings, if favorable, to the InterCountry Adoption Board
[De Leon 340, 2015]

c. ‘Best Interest of the Child’ Standard

Inter-country adoption is allowed only when the same shall prove beneficial to the child’s
interest and shall serve and protect his/her fundamental rights. [De Leon 340, 2015]