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Judicial Process: Rule On Domestic Adoption A.M. NO. 02-6-02-SC in Relation To R.A. 8552
Judicial Process: Rule On Domestic Adoption A.M. NO. 02-6-02-SC in Relation To R.A. 8552
FILING OF PETITION FOR ADOPTION Petition shall be verified, accompanied with certification of non-
by the adoptive parents with the forum shopping and specifically state at the heading of the
initiatory pleading whether it contains an application for change
Family Court of the province or city
of name, rectification of simulated birth, voluntary or
where the prospective parents reside.
involuntary commitment of children, or declaration of child as
abandoned, dependent or neglected.
ISSUANCE OF CERTIFICATE OF
FINALITY upon expiration of 15-day
period to appeal (Sec. 16, A.M. NO. 02- The decree takes effect as of the date the original
petition was filed even if the petitioners die before its
6-02-SC)
issuance.
The decree shall state the name by which the child is to
be known and registered.
ADOPTER TO SUBMIT A CERTIFIED Submitted to the Civil Registrar where the child was
TRUE COPY OF THE DECREE OF originally registered within 30 days from receipt of the
ADOPTION AND THE CERTIFICATE OF certificate of finality.
FINALITY TO THE CIVIL REGISTRAR In case of a change of name, the decree shall be
submitted to the Civil Registrar where the court issuing
the same is situated.
AT THE CIVIL REGISTRAR:
If filed with the court, after finding that the petition is sufficient in form and substance and a proper case for
inter-country adoption, it shall immediately transmit the petition to the Inter-Country Adoption Board for
appropriate action.
ICAB to review and process applications and conduct family selection or matching the prospective adoptive child
with an applicant
Upon approval of matching proposal, notice shall be given to the concerned foreign adoption agency.
After the applicant has accepted the matching proposal, the ICAB shall issue a Placement Authority. The applicant
is assessed for pre-adoptive placement fees or costs.
PARAMOUNT CONSIDERATION
-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, as well as to allow childless couples to
experience the joys of parenthood.
IMPORTANT DEFINITIONS
o CHILD- person below 18 years of age at the time of filing of the petition
o CHILD LEGALLY AVAILABLE FOR ADOPTION-child who has been voluntarily or
involuntarily committed to the Department or to a licensed child –placing or caring
agency, freed of parental authority of his biological parents, or in case of rescission
of adoption, guardian or adopter/s
o FOUNDLING-refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown
o ABANDONED CHILD- one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least 6 continuous months and
has been judicially declared as such
o DEPENDENT CHILD- one who is without a parent, guardian or custodian or one
whose parents, guardian or other custodian for good cause desires to be relieved
of his care and custody and is dependent upon the public for support.
o NEGLECTED CHILD- one whose basic needs have been deliberately not attended
to or inadequately attended to, physically or emotionally, by his parents or
guardian.
EXCEPTION:
1.) One spouse seeks to adopt the legitimate child of one spouse by the other
spouse.
2. One spouse seeks to adopt his own illegitimate child: Provided, however, that the other
spouse has signified his consent
Consent and notice requirement is necessary to protect the natural parental relationship
from unwarranted interference by interlopers, and to insure the opportunity safeguard the best
interest of the child.
EFFECTS
o Sever all legal ties between the biological parent/s and the adoptee, except when
the biological parent is the spouse of the adopter;
o Deem the adoptee as a legitimate child of the adopter; and
o Give adopter and adoptee reciprocal rights and obligations arising from the
relationship of parent and child, including but not limited to:
o (i)The right to choose the name the child is to be known
o (ii) The right of Adopter and adoptee to be legal and compulsory heirs of
each other. BUT THE RELATIONSHIP IS LIMITED SOLELY TO THE ADOPTER
AND ADOPTED DOES NOT EXTEND TO THE RELATIVES OF THE ADOPTING
PARENTS.
PROCEDURE
o CASE STUDY
no petition for adoption shall be set for hearing unless a licensed social
worker of DSWD or any child-caring facility has made a case study of the
adoptee, his or her biological parents and adopters
the study shall establish that the adoptee is legally available for adoption
o SUPERVISED TRIAL CUSTODY
No petition shall be granted until the Adopter/s have been given by the
court a supervised trial custody for at least 6 mos. Where the adoptee and
adopter shall establish a bonding relationship.
Court may reduce the period if it finds the same to be in the best interest
of the adoptee, However alien adopter/s MUST COMPLETE THE 6 mos.
TRIAL
o DECREE OF ADOPTION
The decree shall order the ff:
VENUE
Family court where the prospective adoptive parents reside
RECISSION OF ADOPTION
o Who files?
o Adopted who is at least 18 years of age;
o With the assistance of the DSWD if the adopted child is still a minor
o Legal guardian or counsel if the adopted is over 18 years of age but
is incapacitated.
o Grounds
o Repeated physical and verbal maltreatment despite having
undergone counseling
o Attempt on the life of the adoptee
o Sexual assault or violence
o Abandonment or failure to comply with parental obligation
o When to file?
o GR: Within 5 years after reaching the age of majority
o EXN: if adoptee was incompetent at the time of adoption, petition
should be filed within 5 years after recovery from such incapacity
o Effects
o Parental authority of the biological parent of adoptee, if known, or
legal custody of DSWD is RESTORED if adoptee is still a minor
o Reciprocal rights and obligation of the adopter and adoptee are
EXTINGUISHED
o Succession rights REVERT to their status prior to adoption, but
vested rights acquired prior to rescission are respected
o Court shall order the civil registrar where the adoption decree was
registered to CANCEL the new birth certificate of the adoptee and
REINSTATE the original birth or foundling certificate.
WHAT THE PETITION MAY INCLUDE
o Prayer for change of name
o Rectification of simulated birth
o Declaration that child is a foundling, abandoned, dependent or
neglected.
o CHANGE OF NAME
o Petition shall state the following:
o Registered name of the child
o Aliases or other names which the child has been known
o Full name by which the child is to be known
1. to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions
of this Act, after consultation and upon favorable recommendation of the different agencies concerned
with the child-caring, placement, and adoption;
2. to set the guidelines for the convening of an Inter-country Adoption Placement Committee which
shall be under the direct supervision of the Board;
3. to set the guidelines for the manner by which selection/matching of prospective adoptive parents
and adoptive child can be made;
4. to determine a reasonable schedule of fees and charges to be exacted in connection with the
application for adoption;
5. to determine the form and contents of the application for inter-country adoption;
6. to institute systems and procedures to prevent improper financial gain in connection with adoption
and deter improper practices which are contrary to this Act;
8. to accredit and authorize foreign private adoption agencies which have demonstrated
professionalism, competence and have consistently pursued non-profit objectives to engage in the
placement of Filipino children in their own country: Provided, That such foreign private agencies are
duly authorized and accredited by their own government to conduct inter-country adoption: Provided,
however, That the total number of authorized and accredited foreign private adoption agencies shall not
exceed one hundred (100) a year;
9. to take appropriate measures to ensure confidentiality of the records of the child, the natural
parents and the adoptive parents at all times;
10. to prepare, review or modify, and thereafter, recommend to the Department of Foreign Affairs,
Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this
Act and its stated goals, entered into, between and among foreign governments, international
organizations and recognized international non-governmental organizations;
11. to assist other concerned agencies and the courts in the implementation of this Act, particularly
as regards coordination with foreign persons, agencies and other entities involved in the process of
adoption and the physical transfer of the child; and
12. to perform such other functions on matters relating to inter-country adoption as may be
determined by the President.
Only a legally free child may be the subject of inter-country adoption. In order that such child
may be considered for placement, the following documents must be submitted to the Inter-
country Board:
1. Child study;
An alien or a Filipino citizen permanently residing abroad may file an application for inter-country
adoption of a Filipino child if he/she:
1. 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:
3. 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;
6. 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;
7. 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;
8. 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
9. possesses all the qualifications and none of the disqualifications provided herein and in other
applicable Philippine laws.
FAMILY SELECTION/MATCHING
o No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that
the child cannot be adopted locally.
o The clearance with the copy of the minutes of the meetings, as issued by the Board, shall
form part of the records of the child to be adopted.
o When the Board is ready to transmit the Placement Authority to the authorized and
accredited inter-country adoption agency and all the travel documents of the child are
ready, the adoptive parents, or any one of them, shall personally fetch the child in the
Philippines.
The applicant(s) shall bear the following costs incidental to the placement of the child;
1. The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad,
including all travel expenses within the Philippines and abroad; and
2. The cost of passport, visa, medical examination and psychological evaluation required, and other
related expenses.
The fees, charges, and assessments collected by the Board in the exercise of its functions shall
be used solely to process applications for inter-country adoption and to support the activities of
the Board.
PROCEDURE
1. all possibilities for adoption of the child under the Family Code must first be
(a)exhausted and that inter-country adoption is (b) in the best interest of the child
before resorting to inter-country adoption. (LAST RESORT)
3. Supporting documents for the application, written and officially translated in English.
c. Written consent of their biological or adoptive children above ten (10) years of age, in the
e. Income tax returns or any document showing the financial capability of the 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
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.
5. DECREE OF ADOPTION
- Shall be issued only after the lapse of the period of trial custody
- It will be issued in the country of the adoptive parents
- A copy of which shall be sent to the Board to form part of the records of the child.