RULE 100

Rescission and Revocation of Adoption

Section 1. Who may file petition; grounds. A minor or other incapacitated person may, through a guardian or guardian ad
litem, petition for the rescission or revocation of his or her adoption for the same causes that authorize the deprivation of parental
authority.
The adopter may, likewise, petition the court for the rescission of revocation of the adoption in any of these cases:
(a) If the adopted person has attempted against the file of the adopter;
(b) When the adopted minor has abandoned the home of the adopter for more than three (3) years;
(c) When by other acts the adopted person has repudiated the adoption.
Section 2. Order to answer. The court in which the petition is filed shall issue an order requiring the adverse party to answer
the petition within fifteen (15) days from receipt of a copy thereof. The order and a copy of the petition shall be served on the
adverse party in such manner as the court may direct
Section 3. Judgment. If upon trial, on the day set therefor, the court finds that the allegations of the petition are true, it shall
render judgment ordering the rescission or revocation of the adoption, with or without costs, as justice requires.
Section 4. Service of Judgment. A certified copy of the judgment rendered in accordance with the next preceding section shall
be served upon the civil registrar concerned, within thirty (30) days from rendition thereof, who shall forthwith enter the action
taken by the court in the register.
Section 5. Time within which to file petition. A minor or other incapacitated person must file the petition for rescission or
revocation of adoption within the five (5) years following his majority, or if he was incompetent at the time of the adoption,
within the five (5) years following the recovery from such incompetency.
The adopter must also file the petition to set aside the adoption within five (5) years from the time the cause or causes giving rise
to the rescission or revocation of the same took place.