Ra 11642

Section 21.
Who May Adopt. – The following may Provided, further, That requirements of

adopt: residency may be waived for the ff:
(a) Any Filipino citizen at least twenty-five (25) 1. A former Filipino citizen, habitually
years of age, who is in possession of full residing in the Philippines, who
civil capacity and legal rights; seeks to adopt a relative within 4th
has not been convicted of any crime civil degree of consanguinity or
involving moral turpitude; affinity; or
is of good moral character and can model 2. One who seeks to adopt the
the same; legitimate child of the Filipino
is emotionally and psychologically capable spouse; or
of caring for children; 3. One who is married to a Filipino
at least sixteen (16) years older than the citizen and seeks to adopt jointly
adoptee; and with the spouse a relative within the
who is in a position to support and care for 4th degree of consanguinity or
adopted children in keeping with the means affinity of the Filipino spouse.
of the family: Provided, That the
requirement of sixteen (16)-years difference Spouses shall jointly adopt, except in
between the age of the adopter and the the following cases:
adoptee may be waived when the adopter is
the biological parent of the adoptee, or is the a. If one spouse seeks to adopt the
spouse of the adoptee’s parent; legitimate child of the other; or
b. If one spouse seeks to adopt own
(b) The legal guardian with respect to the ward illegitimate child: Provided, That the
after the termination of the guardianship and other spouse has signified consent
clearance of financial accountabilities; thereto; or
c. If the spouses are legally separated
(c) The legal guardians with respect to the from each other.
foster child;
(d) Philippine government officials and Section 22. Who May Be Adopted. – The following
employees deployed or stationed may be adopted:
abroad: Provided, That they are able to bring
the child with them; and (a) Any child who has been issued a CDCLAA;
(b) The legitimate child of one spouse by the
(e) Foreign nationals who are permanent or other spouse;
habitual residents of the Philippines for at (c) An illegitimate child by a qualified adopter
least five (5) years possessing the same to improve status of legitimacy;
qualifications as above stated for Filipino (d) A Filipino of legal age if, prior to the
nationals prior to filing of the adoption, said person has been consistently
petition: Provided, That they come from a considered and treated by the adopters as
country with diplomatic relations with the their own child for a period of at least three
Republic of the Philippines and that the laws (3) years;
of the adopter’s country will acknowledge (e) A foster child;
the Certificate of Adoption as valid, (f) A child whose adoption has been previously
acknowledge the child as a legal child of the rescinded;
adopters, and allow entry of the child into (g) A child whose biological or adoptive parents
such country as an adoptee: have died: Provided, That no proceedings
shall be initiated within six (6) months from
the time of death of said parents; or
(h) A relative of the adopter.
Article 189. Adoption shall have the following
effects:
1. For civil purposes, the adopted shall be deemed

to be a legitimate child of the adopters and
both shall acquire the reciprocal rights and
obligations arising from the relationship of
parent and child, including the right of the
adopted to use the surname of the adopters;
2. The parental authority of the parents by nature

over the adopted shall terminate and be vested
in the adopters, except that if the adopter is
the spouse of the parent by nature of the
adopted, parental authority over the adopted
shall be exercised jointly by both spouses; and
3. The adopted shall remain an intestate heir of his
parents and other blood relatives.
Article 190. Legal or intestate succession to the

estate of the adopted shall be governed by the
following rules:
1. Legitimate and illegitimate children and

descendants and the surviving spouse of the
adopted shall inherit from the adopted = in
accordance with the ordinary rules of legal or
intestate succession;
2. When the parents, legitimate or illegitimate,

or the legitimate ascendants of the adopted
concur with the adopter = they shall divide the
entire estate, 1/2 to be inherited by the parents
or ascendants and 1/2, by the adopters;
3. When the surviving spouse or the illegitimate

children of the adopted concur with the
adopters = they shall divide the entire estate in
equal shares, 1/2 to be inherited by the spouse
or the illegitimate children of the adopted and
1/2 by the adopters.
4. When the adopters concur with the

illegitimate children and the surviving spouse
of the adopted = they shall divide the entire
estate in equal shares, 1/3 to be inherited by
the illegitimate children, 1/3 by the surviving
spouse, and 1/3 by the adopters;
5. When only the adopters survive = they shall

inherit the entire estate; and
6. When only collateral blood relatives of the
adopted survive, = then the ordinary rules of
legal or intestate succession shall apply.

Ra 11642

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Ra 11642

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Section 21.

Who May Adopt. – The following may Provided, further, That requirements of

1. For civil purposes, the adopted shall be deemed

2. The parental authority of the parents by nature

Article 190. Legal or intestate succession to the

1. Legitimate and illegitimate children and

2. When the parents, legitimate or illegitimate,

3. When the surviving spouse or the illegitimate

4. When the adopters concur with the

5. When only the adopters survive = they shall

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