Notes On Adoption A. Concept and Nature Purpose in Re Garcia Adoption - Process of Making A Child, Whether Related or Not To The Adopter
Notes On Adoption A. Concept and Nature Purpose in Re Garcia Adoption - Process of Making A Child, Whether Related or Not To The Adopter
IN RE GARCIA
REPUBLIC VS ELEPANO
Purpose of adoption
3. Any Guardian
a. After termination of guardianship, with respect to the ward
b. Clearance of his/her financial accountabilities
CASTRO VS GREGORIO
The law further requires that husband and wife jointly adopt, except in the following
cases:
1. One spouse seeks to adopt the legitimate child of one spouse by other spouse; or
2. One spouse seeks to adopt his own illegitimate child: Provided however, that the
other spouse has signified his consent thereto; or
3. The spouses are legally separated from each other
The provision on joint adoption by spouses is mandatory. As a general rule, the husband
and wife must file a joint petition for adoption. 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 ensures harmony between the spouses.
IN RE LIM
1. A child whose biological or adoptive parent have died, but no proceedings shall be initiated
within 6 months from the time of death of said parents;
2. Any person below 18 years of age who has been voluntarily committed to the DSWD under
Article 154, 155, and 156 of PD 603 or judicially declared available for adoption;
3. A child whose adoption has been previously rescinded
4. An illegitimate child, by a qualified adopter to raise the status of the former to that of
legitimacy;
5. The legitimate child of one spuse, by the other spouse; and
6. A person of legal age regardless of civil status, if prior to the adoption, said person has been
consistently considered and treated by the adopters as their own child since minority;
7. A child not otherwise disqualified by law.
Section 9
E. WHERE TO FILE
Section 6
The petition for adoption shall be filed with the family court of the province or city where the
prospective adoptive parents reside.
The petition shall be verified and specifically state the heading of the initiatory pleading whether
the petition contain the application for change of name, rectification of simulated birth, voluntary or
involuntary commitment of children, or declaration of child as abandoned, neglected, or dependent.
1. The first name, surname, or names, age, and residence of the adoptee as shown by his
record of birth, baotismal, or foundling certificate and school records
2. The adoptee is not disqualified by law to be adopted
3. The probable value and character of the estate of the adoptee
4. The first name, surname, or names by which the adoptee is to be known and registered in
the civil registry
CASTRO VS GREGORIO
It is settled that the jurisdiction of court is determined by the statute in force at the time of the
commencement of the action. The law on adoption required that the adoption by the father of a child
born out of wedlock obtain not only consent of his wife but also consent of his legitimate children
G. ORDER OF PROCEEDINGS
See Memory Aid
H. RESCISSION OF ADOPTION
Who may file
1. Shall be filed Adoptee
a. Who is over 18 years of age
b. If Minor, provided with assistance of DSWD
2. Guardian or counsel, if over 18 years of age but incapacitated
1. Repeated physical violence and verbal maltreatment by the adopter despite having
undergone counselling
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment or failure to comply with the parental obligation
The petition shall be filed with the family court of the province where the adoptee resides
Section 21.
If incapacitated, he must file his petition within 5 years after he reach the age of majority
If incompetent, must file the petition within 5 years after recovery from such incompetency
Section 22. The court shall issue an order requiring the adverse party to answer the petition
within 15 days from receipt of the copy thereof. The order and copy thereof shll be serve on the
adverse party in such manner as the court may direct