ADOPTION (Rabuya)

- Congress enacted RA 8043 (Inter Country Adoption Act of c. Illegitimate child by qualified adopter to improve
1995) and RA 8552 (Domestic Adoption Act of 1998)did status- other spouse must give his consent; jointly
not repeal expressly the family code (SERVES ONLY AS adopt
IMPLIED REPEAL) d. Person of legal age if prior to the adoption said
- DAA-domestic adoption; ICA- adoption of Filipino Child person has been consistently considered and
in foreign country by a person who may not be qualified treated by adopter as his own child
under DAA or Family Code e. Adoption has been previously rescinded
(minority)
ADOPTION EXPLAINED f. Biological or adoptive parents has died provided
that still minority (adoption proceedings shall be
- Process of making a child, whether related or not to the initiated after 6 mos from time of death)
adopter, possessed the rights accorded to a legitimate child V. Requirement of Consent
- Juridical act (in rem) which creates a relationship similar to a. if the child is illegitimate, in which case, the child
legitimate paternity and filiation is under the parental authority of the mother, the
- In absence of juridical decree, cannot enjoy same rights consent of the biological father to the adoption is
accorded to legitimate children likewise required, if the latter has recognized or
STATE’S POLICIES ON ADOPTION (DAA of 1998) admitted his paternity over the illegitimate child.
b. May be dispensed with if the parent has
- to ensure that every child remains under the care and abandoned the child or that such parent is insane
custody of his/her parent(s) and be provided with love, or hopelessly intemperate (superseded by Rule on
care, understanding and security towards the full and Adoption, which is silent regarding this matter)
harmonious development of his/her personality. Only when VI. Procedure in Domestic Adoption
such efforts prove insufficient and no appropriate 1. Jurisdiction and Venue
placement or adoption within the child’s extended family is a. Family Court; venue shall be in province or city where
available shall adoption by an unrelated person be prospective parents reside
considered. 2. Nature of Adoption Proceedings
a. No court may entertain unless it has jurisdiction over the
personal status of person to be adopted and adopting
parents
b. Notice made through publication- registered name of
adoptee in birth cert is required to be stated in caption
3. Contents of Petition for Adoption
a. Filipino citizen
i. Jurisdictional facts
ii. State that he has satisfied the requisites
mentioned in I.
DOMESTIC ADOPTION- governed by DAA and Family Code; b. Alien
procedure governed by Rule on Adoption (Aug 22, 2002) i. Jurisdictional facts
ii. State that he has satisfied requisites in
I. Filipino Adopter II.
a. Legal age and at least 16 years older than adoptee c. Legal guardian of adoptee
(XPN: adopter is biological parent of adoptee or i. State that guardianship has been
the spouse of adoptee’s parent) terminated and has cleared financial
b. Possession of full civil capacity and legal rights, accountabilities
of GMC, and has not been convicted of crimes d. Married
involving moral turpitude i. Spouse a co-petitioner, except if one
c. Must be emotionally and psychologically capable spouse seeks to adopt legit child of the
of caring for children other, or seeks to adopt own illegit with
II. Alien adopter consent of the other, or if legally
a. Same as above, with additional of: separated
b. Country must have diplomatic relations with RP e. Foundling adoptee
c. Certified by diplomatic or consular office or any i. Entries in birth cert
appropriate govt agency to be legally capacitated 4. In all petitions, it shall be alleged:
to adopt
d. Government allows adoptee to enter his country
as his or her own child
e. Has been living in the Phil for at least 3
continuous years prior to filing of application and
maintains residence until adoption decree is
entered
III. XPN for aliens for residency and certification of
qualification
a. Former Filipino who seeks to adopt a relative
within 4th degree of consanguinity or affinity 5. Rectification of Simulation of Birth
b. Seeks to adopt legitimate child of Filipino spouse a. “Simulation of birth” is the tampering of the civil registry
c. Married to Filipino and seeks to adopt jointly making it appear in the birth records that a certain child
with his spouse a relative w/in 4th deg of was born to a person who is not his/her biological mother,
consanguinity or affinity causing such child to lose his/her true identity and status
- May still adopt even if he has already adopted in the past b. Petition shall allege that:
GR: Mandatory for both spouses to jointly adopt

XPN:

a. One spouse wants to adopt legitimate child of another

b. Adopt own illegitimate child, provided with consent of
other spouse
c. If spouses are legally separated from each other
IV. Who may be adopted i.
a. Below 18 who has been administratively or
judicially declared available for adoption
b. Legitimate child of one spouse by the other 6. Foundling, abandoned, dependent or neglected child
spouse- adoptee may be of legal age
ADOPTION (Rabuya)
a. Foundling-deserted or abandoned infant or child whose 3. Right to use surname of adopter
parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar However, the provision of law which entitles the adopted minor
institution with unknown facts of birth and parentage to the use of the surname of the adopter refers to the adopter’s
b. Abandoned-no proper parental care or guardianship or own surname and not to her surname acquired by virtue of
whose parents have deserted him for a period of at least marriage. The adoption created a personal relationship between
six (6) continuous months and has been judicially declared the adopter and the adopted, and the consent of the husband, to
as such the adoption by her wife, did not have the effect of making him
c. Dependent- without a parent, guardian or custodian or one an adopting father, so as to entitle the child to the use of the
whose parents, guardian or other custodian for good cause husband’s own surname.
desires to be relieved of his care and custody and is
4. Right to support from adopter- adopted and his or her
dependent upon the public for support
biological parents are not legally bound to support each
d. “Neglected child” is one whose basic needs have been
other.
deliberately not attended to or inadequately attended to,
5. Right to legitime and other successional rights- compulsory
physically or emotionally, by his parents or guardian
heir of adopter; adopter and the adoptee are legal heirs of
e. Petition should allege:
each other
VIII. Rescission of Adoption
1. Who may Rescind
a. 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
2. Grounds
a. repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling;
b. attempt on the life of the adoptee;
7. Order of Hearing c. sexual assault or violence; or
a. Order that contains registered name of adoptee in birth d. abandonment and failure to comply with parental
cert, purpose of petition, complete name which adoptee obligations.
will use if petition was granted, and date and place of 3. Prescriptive Period
eharing which shall be set within 6 mos from date of a. Adoptee incapacitated- within 5 years after
issuance of order and direct that a copy be published reaching age of majority
before the date of eharing at least once a week for 3 b. Incompetent-within 5 years after recovery
successive weeks in newspaper of general circ 4. Effects of Rescission
8. Child and Home Study Reports a. The parental authority of the adoptee’s biological
a. No petition for adoption shall be set for hearing unless a parent(s), if known, or the legal custody of the
licensed social worker of the DSWD, the social service Department, shall be restored if the adoptee is
office of the local government unit, or any child-placing or still a minor or incapacitated.
child-caring agency has made a case study of the adoptee, b. The reciprocal rights and obligations of the
his/her biological parent(s), as well as the adopter(s), and adopter(s) and the adoptee to each other shall be
has submitted the report and recommendations on the extinguished.
matter to the court hearing such petition c. The court shall order the Civil Registrar to
9. Hearing cancel the amended certificate of birth of the
a. The petitioner and the adoptee must personally appear and adoptee and restore his/her original birth
the former must testify before the presiding judge of the certificate.
court on the date set for hearing. d. Succession rights shall revert to its status prior to
b. The court shall verify from the social worker and adoption, but only as of the date of judgment of
determine whether the biological parent has been properly judicial rescission. However, vested rights
counseled against making hasty decisions caused by strain acquired prior to judicial rescission shall be
or anxiety to give up the child; ensure that all measures to respected
strengthen the family have been exhausted; and ascertain if
any prolonged stay of the child in his own home will be
inimical to his welfare and interest
10. Supervised Trial Custody

a.

b.
c. The social worker shall submit to the court a report on the
result of the trial custody within two weeks after its
termination
11. Decree of Adoption
a. a decree of adoption shall be entered which shall be
effective as of the date the original petition was filed. This
provision shall also apply in case the petitioner(s) dies
before the issuance of the decree of adoption to protect the
interest of the adoptee.’
VII. Effects of Adoption
1. Parental authority of parents by nature shall terminate and
same shall be vested in adopters, XPN when biological
parent is spouse of adopter
2. Legitimacy- relationship established by the adoption is
limited to the adopting parents and does not extend to their
other relatives, except as expressly provided by law