ADOPTION

1. INTER-COUNTRY ADOPTION (RA 8043)

2. 2. DOMESTIC ADOPTION(RA 8552)
 DEFINITION OF ADOPTION:

• Adoption is a juridical act which creates between

two persons a relationship similar to that which
results from legitimate paternity (Prasnick v.
Republic, 98 Phil. 669).

• Adoption is a juridical act, a proceeding in rem,

which creates between the two persons a
relationship similar to that which results from
legitimate paternity and filiation.
 ADOPTION

• Adoption is NOT an adversarial proceeding.

• In adoption, there is no particular defendant to

speak of since the proceeding involves the status of
a person it being an action in rem.
 INTER-COUNTRY ADOPTION

• 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, the decree of adoption is
issued in the Philippines. (Sec. 3[a], RA 8043)
 Domestic vis-à-vis inter-country

DOMESTIC INTER-COUNTRY

• Governed by RA 8552, Governed by RA 8043,

the Domestic Adoption The inter-country
Act of 1998; procedure Adoption Act of 1995;
governed by AM No. 02- procedure governed by
06-02 SC, Aug. 22, 2002. the Amended
Implementing Rules and
Regulations on ICAA.
 DOMESTIC INTER-COUNTRY

• Applies to domestic • Applies to adoption of a

adoption of Filipino Filipino child in a foreign
children, where the country, where the
entire adoption process petition for adoption is
beginning from the filing filed, the supervised trial
of the petition up to the custody is undertaken
issuance of the and the decree of
adoption decree takes adoption is issued
place in the Philippines. outside of the
Philippines.
 DOMESTIC
• A child legally available
for adoption.
• Requisites:
• A) Below 18 years of
age; and
• B) Judicially declared
available for adoption.
INTER-COUNTRY
• Only a legally free child
may be adopted.
• Requisites:
• A) Below 15 years of
age; and
• B) Has been voluntarily
or involuntarily
committed to the DSWD
in accordance with PD
603.
 DOMESTIC

• EXCEPTIONS:

A) Legitimate son/daughter of one spouse by the

other spouse;

B) Illegitimate son/daughter by a qualified adopter;

C) 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.
WHO MAY ADOPT UNDER DOMESTIC
ADOPTION?
• Filipino Citizens
1.Of legal age;
2.In possession of full civil capacity and legal rights;
3.Of good moral character;
4.Has not been convicted of any crime involving moral
turpitude;
5.Emotionally and psychologically capable of caring for
children;
6.In a position to support and care for his or her children in
keeping with the means of the family;
7.At least 16 years older than the adoptee, but this latter
requirement may be waived if (a) the adopter is the
biological parent of the adoptee; b) the adopter is the
spouse of adoptee’s parent; and
8.Permanent resident of the Philippines.
• ALIENS
1. Same qualifications as Filipino Citizens, and in
addition:
2. His/her country has diplomatic relations with the
Republic of the Philippines
3. His/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter;
4. Has been living in the Philippines for at least 3
continuous years prior to filing of the application
for adoption and maintains such residence until
the adoption decree is entered; and
5. Has been certified by his/her diplomatic consular
office or any appropriate government agency that
he/she has the legal capacity to adopt in his/her
country. This requirement may be waived if
• a) a former Filipino citizen seeks to adopt a relative
within the 4th degree of consanguinity or affinity;
• b) one 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 a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.
 WHO MAY ADOPT UNDER INTER-
COUNTRY
• Filipino Citizens
vPermanent resident of a foreign country;
vHas the capacity to act and assume all rights and
responsibilities of parental authority under Philippine
Laws;
vHas undergone the appropriate counseling from an
accredited counselor in country of domicile;
vHas not been convicted of a crime involving moral
turpitude;
vEligible to adopt under Philippine laws
vIn 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.
WHO MAY ADOPT UNDER INTER-
COUNTRY ADOPTION?
RA 8552 vis-à-vis RA 8043