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GROUP 1 1

ADOPTION [ra 8552 and ra 8043]

ADOPTION
DOMESTIC & INTER-COUNTRY

Substantive Laws on Adoption:


1. PD 603 – The Child and Youth Welfare Code
2. Family Code of the Philippines
3. Republic Act No. 8043 – Inter-Country Adoption Act
4. Family Court’s Act of 1997
5. Republic Act No. 8552

Procedural Laws on Adoption:


1. Rule on Commitment of Children (AM No. 02-1-19-SC)
2. Rule on Domestic and Inter-Country Adoption (AM No. 02-6-02-SC)
3. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (AM No. 03-04-04-SC)
4. Amended Implementing Rules And Regulations On Inter-Country Adoption (April 16, 2007)

Adoption Concept:
 The process of making a child, whether related or not to the adopter, possess in general the rights accorded to a
legitimate child.
 It is juridical act, a proceeding in rem which creates between two persons a relationship similar to that which
results from legitimate paternity and filiation.
 The modern trend is to consider adoption not merely as an act to establish a relationship of paternity and
filiation, but also as an act which endows the child with a legitimate status.
 UN Convention of the Rights of the Child accepted the principle that adoption is impressed with social and moral
responsibility, and the underlying intent is geared to favor the adopted child.

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AM NO. 02-6-06-SC
Effective: August 22, 2002

A. Domestic Adoption

Section 1 Applicability of the Rule


- This covers the domestic adoption of Filipino children

Section 2 Objectives
a. The best interest of the child shall be the paramount consideration in all matters relating to his care, custody and
adoption.
b. The State shall provide alternative protection and assistance through foster care or adoption for every child who
is foundling, neglected, orphaned, or abandoned.
To this end, the State shall:
i. Ensure that every child remains under the care and custody of his parents and is provided with love, care,
understanding and security for the full and harmonious development of his personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is
available shall adoption by an unrelated person be considered;
ii. Safeguard the biological parents from making hasty decisions in relinquishing their parental authority over
their child;
iii. Prevent the child from unnecessary separation from his biological parents;
iv. Conduct public information and educational campaigns to promote a positive environment for adoption;
v. Ensure that government and private sector agencies have the capacity to handle adoption inquiries, process
domestic adoption applications and offer adoption-related services including but not limited to parent
preparation and post adoption education and counselling;
vi. Encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only
when this is not available shall inter-country adoption be considered as a last resort; and
vii. Protect adoptive parents from attempts to disturb their parental authority and custody over their adopted
child.
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ADOPTION [ra 8552 and ra 8043]

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to
establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social
Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall
be authorized to take steps for the permanent placement of the child.

Section 3 Definition of Terms

Important terms:
 Child – a person below 18 years old
 Child Legally Available for Adoption – child voluntarily or involuntarily committed to the DSWD, accredited child-
caring agency, freed of parental authority of his biological parents, or in case of rescission of adoption, his
guardian or adopters.
 Voluntarily Committed Child – whose parents relinquished parental authority over him in favor of DSWD.
 Involuntarily Committed Child – whose parents, known or unknown, have been permanently and judicially
deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and
abuse; or incompetence to discharge parental responsibilities.
 Foundling – deserted or abandoned infant or child whose parents, guardian or relatives are unknown; child
committed to an orphanage or charitable or similar institution which unknown facts of birth and parentage are
registered with the Civil Registrar as a foundling.
 Abandoned Child – without proper parental care or guardianship or whose parents have deserted him for a period
of at least 6 months and, known or unknown, have been permanently and judicially deprived of parental authority
over him due to abandonment, substantial, continuous or repeated neglect and abuse, or incompetence to
discharge parental responsibilities.
 Dependent Child – had no parent, guardian or custodian or whose parents, guardian or custodian for good cause
desires to be relieved of his care and custody and is dependent upon the public for support.

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 Neglected Child – one whose basic needs have been deliberately not attended to or inadequately attended to
physically or emotionally by his parents or guardian.

Section 4 Who May Adopt

1. A Filipino Citizen
a. With full civil capacity and legal rights
b. Of good moral character
c. Not convicted of any crime involving moral turpitude
d. Emotionally and psychologically capable of caring for children
e. At least 16 years older than the adoptee unless the biological parent of adoptee or the spouse of said parent
f. In a position to support and care for his children in keeping with the means of the family

2. Alien
a. Same qualification as Filipino Citizen
b. Additional requirements:
i. National of a country with diplomatic relations with the Philippines
ii. Has been certified by his diplomatic or consular office of any appropriate government agency to have
legal capacity to adopt in his country as adopted child.
iii. 3 year continuous prior residency and maintains such residence until adoption decree is entered.
Exceptions to 3 year continuous residency:
o A former Filipino adopting a relative within 4th degree of consanguinity or affinity
o Alien adopting the legitimate child of Filipino spouse
o Married to a Filipino seeking to adopt jointly with his spouse a relative within the 4 th degree of
consanguinity or affinity of the Filipino spouse.
3. Guardian
- May adopt ward after the termination of the guardianship and clearance of financial accountabilities.

4. Married Person Must Jointly Adopt with his/her Spouse


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ADOPTION [ra 8552 and ra 8043]

Exceptions:
a. One spouse seeks to adopt the legitimate child of the other spouse
b. One spouse seeks to adopt his own illegitimate child, provided the other spouse consents thereto.
c. Spouses are legally separated from each other.

Section 5 Who May be Adopted

1. A child voluntarily committed to the DSWD or judicially declared available for adoption.
2. Legitimate child of one spouse by the other spouse
3. Illegitimate child by a qualified adopter to raise the status of the former to that of legitimacy.
4. Person of legal age regardless of status who has been consistently considered and treated by the adopters as
their own child since minority.
5. Child whose adoption had been previously rescinded.
6. Child not otherwise disqualified by law or these rules.

SECTION 6. VENUE. The petition for adoption shall be filed with the Family Court of the province or city where the
prospective adoptive parents reside.

SECTION 7. CONTENTS OF THE PETITION. The petition shall be verified and specifically state at the heading of the
initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth,
voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral

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character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of
caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the
adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with
the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:


(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have
the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child
and reside there permanently as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the
petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the
alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity;
or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of
consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and
the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto,
or
GROUP 1 4
ADOPTION [ra 8552 and ra 8043]

(c) if the spouses are legally separated from each other.


5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as
name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the
date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:


(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth,
baptismal or foundling certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Form of Petition
• Verified
• With certificate against forum shopping
• Specifically states at the heading of initiatory pleading whether the petition includes:
a. Application for change of name
b. Rectification of simulated birth
c. Voluntary or involuntary commitment of children
d. Declaration of child as abandoned, dependent or neglected child (AM 02-06-02 SC)

What Filipino Citizens must allege:

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• Jurisdictional facts
• Adopters qualifications (Section 4)
• Adopter has undergone pre-adoption services under RA 8552, i.e. counseling sessions, pre-adoption for a and
seminars to:
– Resolve possible adoption issues
– Prepare him/her for effective parenting
– Help asses their motivation, capacity and readiness to accept

What Alien Adopters must allege:


• Jurisdictional facts
• Adopters qualifications (Section 4)
• Adopter has undergone pre-adoption services under RA 8552, i.e. counseling sessions, pre-adoption for a and
seminars to:
– Resolve possible adoption issues
– Prepare him/her for effective parenting
– Help asses their motivation, capacity and readiness to accept
• Country has diplomatic relations with the Philippines
• Has been living in the Philippines for at least 3 continuous years prior to the filing of the petition and he maintains
such residence until the adoption decree is entered
• Certified by his diplomatic or consular office to have legal capacity to adopt in his country and adoptee is allowed
to enter his country as his adopted child and reside there permanently as such

Exceptions to foregoing requirements


• A former Filipino adopting a relative within 4th degree of consanguinity or affinity
• Alien adopting the legitimate child of a Filipino spouse
• Married to a Filipino and seeking to adopt jointly with the spouse a relative within the 4th degree of consanguinity
or affinity of the Filipino spouse

Guardians
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ADOPTION [ra 8552 and ra 8043]

• Guardianship has been terminated


• Guardian has been cleared of all his financial accountabilities

Married adopter - spouse is co-petitioner unless:


• One spouse seeks to adopt the legitimate child of the other
• One spouse seeks to adopt his own illegitimate child and the other signifies her written consent
• Spouses are legally separated

Foundling adoptee
• Allege entries which should appear in his birth certificate:
– Name
– Date of birth of child (if known)
– Place of birth
– Sex
– Name and citizenship of adoptive parents
– Date and place of marriage

Body of petition must also allege:


• Names, age and residences of the adoptee as shown by his birth record, baptismal, foundling certificate or school
records
• Adoptee is not disqualified by law to be adopted
• Probable value and character of adoptee’s estate
• First name, surname, or other names by which the adoptee is to be known and registered in the Civil Registry

SECTION 8. RECTIFICATION OF SIMULATED BIRTH. – In case the petition also seeks rectification of a simulated of
birth, it shall allege that:

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(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application
for rectification of the birth registration and the petition for adoption were filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as his own child.

What must be alleged in the petition:


• Petition for adoption includes an application for rectification of a simulated birth
• Simulation of birth is made prior to the effectivity of RA8552 on Feb 25, 1998
• Application for rectification is made within 5 years from the said date
• Simulation of birth was made for the best interest of the child
• Adoptee has been consistently considered and treated by the petitioner as his own child
• Rectification of Simulated birth is no longer applicable because it is only allowed 5 years after the effectivity of RA
8552, or until 2003

SECTION 9. ADOPTION OF A FOUNDLING, AN ABANDONED, DEPENDENT OR NEGLECTED CHILD. – In case


the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;
(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the
name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody;
and
(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Contents of the petition:


• Facts showing that the child is a foundling, abandoned, dependent or neglected
• Name of parents if known and their residences
• If no known or living parents, allege name and residence of guardian, if any
• Name of the duly licensed child placement agency or individual under whose care the child is in custody
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ADOPTION [ra 8552 and ra 8043]

• That the DSWD, child-placement or child-caring agency is authorized to give its consent

SECTION 10. CHANGE OF NAME. – In case the petition also prays for change of name, the title or caption must
contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.

Caption must contain


• Registered name of the child
• Aliases or other names by which the child has been known
• The full name by which the child is to be known

Surname of Adoptee
• The law allows the adoptee as a matter of right and obligation to bear the surname of the adopter, upon issuance
of the decree of adoption. It is the change of the adoptees surname, to follow that of the adopter which is the
natural and necessary consequence of a grant of adoption and must specifically be contained in the order of the
court, in fact, even if not prayed by the petitioner. (Republic vs Hernandez, GR. 117209 Feb 6, 1966)

First name of Adoptee


• Given or proper name, also known as the first or Christian name, of the adoptee must remain as it was originally
registered in the Civil Registrar
• The creation of an adoptive relationship does not confer upon the adopter a license to change the adoptees
registered Christian or first name. The automatic change thereof, premised solely upon the adoption thus granted
is beyond the purview of the decree of adoption. (Republic vs Hernandez, supra)

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Middle name of Adoptee
• A child adopted by the natural father may bear the surname of the mother as a middle name (In Re: Adoption of
Natalie Astorga, March 31, 2005)
• The adopted child is deemed to be a legitimate child of the adopter, and as such is entitled to all the rights of a
legitimate child including the right to bear the surname of the father and mother.

Section11. Annexes to the Petition- The following documents shall be attached to the petition:
A. Birth Certificate, Baptismal or foundling certificate, as the case may be, and school records showing
the name, age and residence of the adoptee;
B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of over;


2. The biological parents of the child, if known, or the legal guardian, or the child-placement
agency, child-caring agency, child agent agency, or the proper government instrumentality
which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten
(10) years of age over;
4. The illegitimate children of the adopter living with him who are ten (10) years of over; and
5. The spouse, if any of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate
government agency that he has the legal capacity to adopt in his country and that his government
allows the adoptee to enter his country and that his government allows the adoptee to enter his
country as his own adopted child unless exempted under section 4 (2);
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ADOPTION [ra 8552 and ra 8043]

E. Home study report on the adopters, if the adopter is an alien or residing abroad but qualified to
adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country
Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological
parents of the adoptee, if any.

ANNEXES TO THE PETITION

ATTACHMENTS

1. Birth Certificate, Baptismal or foundling certificate, as the case may be, and school records showing the name, age
and residence of the adoptee;
2. Affidavit of consent of the following:

 The adoptee, if ten (10) years of over;


 The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring
agency, child agent agency, or the proper government instrumentality which has legal custody of the child;
 The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age over;
 The illegitimate children of the adopter living with him who are ten (10) years of over; and
 The spouse, if any of the adopter or adoptee.

WRITTEN CONSENT OF BIOLOGICAL PARENT


The general requirement of consent and notice to the natural parents is intended to protect the natural parental
relationship from unwarranted interference by interlopers and to insure the opportunity to safeguard the best interests of
the child in the manner of the proposed adoption
 Cannot be embodied in a trial custody report that was not testified on by the parent (Landingin vs. Republic, GR

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No. 164948, June 27, 2006)
 Indispensable requirement for the validity of decree of adoption
 The natural right of a parent to is child requires that his consent must be obtained before his parental rights and
duties may be terminated and re-established in adoptive parents (Landingin v. Republic, GR No. 164948, June 27,
2006)

EXEPTIONS
1. Parents abandoned the child

Ordinarily, abandonment by parents to justify the adoption of his child without his consent is a conduct which evinces
a sole purpose to forego all parental duties. The term means neglect and refusal to perform the filial and legal
obligations of love and support. If a parent withholds love, care and opportunity to display filial affection, the
parent in effect abandons the child.

2. Parents are insane or hopelessly intemperate

The court may acquire jurisdiction over the case even without the written consent of the parents or one of the parents
provided that the petition for adoption alleges fact sufficient to warrant exemptions from compliance therewith.
This is in consonance with the liberality with which this Court treats the procedural aspect of adoption. (Cang v.
CA, September 25, 1998)

WRITTEN CONSENT OF ADOPTER’S CHILDREN


 If notarized abroad by a foreign notary public, it needs to comply with Section 2 of Act No. 2013,
authentication by the Philippines Embassy or Consulate Office (Landingin v. Republic, GR no. 164948, June
27, 2006)

OTHER ATTACHMENTS

1. Child study report on the adoptee and his biological parents


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ADOPTION [ra 8552 and ra 8043]

2. If petitioner is an alien, certification by his diplomatic or consular office or any appropriate government
agency as to his legal capacity to adopt in his country allows the adoptee to enter his own adopted child
unless exempted
3. Home Study Report on the adopters
o By a foreign adoption agency duly accredited by the Inter-Country Adoption Board if adopter is an
alien or is residing abroad
4. Decree of annulment, nullity or legal separation of adopter and of the biological parents of adoptee.

Section 12. Order of Hearing- If the petition and attachments are sufficient in form and substance; the
court shall issue an order which shall contain the following;

1. The registered name of the adoptee in the birth certificate and the names by which the adoptee has been known
which shall be stated in the caption;
2. The purpose of the petition ;
3. The complete name which the adoptee will use if the petition is granted;
4. The date and place of hearing which shall be set within six (6) months from the date of the issuance of the order
and shall direct that a copy thereof be published before the date of hearing at least once a week for three
successive weeks in a newspaper of general circulation in the province or city where the court is situated; provided,
that in case of application for change of name, the date set for hearing shall not be within four (4) months after
the last publication of the notice nor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.
5. A directive to the social worker of the court, the social service office of the local government until or any child-
placing or child-caring agency, or the Department to prepare and submit child and home study reports before the
hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the
latter; and

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6. A directive to the social worker of the court to conduct counselling sessions with the biological parents on the
matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General
through the provincial or city prosecutor , the Department and the biological parents of the adoptee, if known.

If change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

ORDER OF HEARING

CONTENTS

1. Caption shall state registered name of adoptee in the birth certificate and names by which adoptee has been
known
2. Purpose of petition
3. Complete name to be used by the adoptee if petition is granted
4. Date and place of hearing to be set within six (6) months from the date of issuance of order or, if change of name
is prayed for, four (4) months after last publication of the notice or more than 30 days prior to an election
5. Directive on the publication of the notice in a newspaper of general circulation in the province or city where court
sits
6. Directive to the social worker of the court, the social service office of the local government unit or any child placing
or child caring agency , or the DSWD to prepare and submit child and home study reports before the hearing if
such reports had not been attached to the petition due to unavailability at the time of filing of petition
7. Directive to social worker of the court to conduct counselling sessions with the biological parents on the matter of
adoption of the adoptee and submit her report before the date of hearing

To be furnished to:

o Office of the Solicitor General through the provincial or city prosecutor – mandatory if change of name is also
prayed for
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ADOPTION [ra 8552 and ra 8043]

o DSWD
o Biological parents of adoptee, if known

Issue on publication in adoption case

REPUBLIC vs. ELIPONIO


202 SCRA 748

Facts:
There was a petition for adoption filed. The petitioner sought to take the deposition of certain
witnesses applying Rule 24 because the same applies in special proceedings. But the petitioners were
asking for the deposition taking, the petition was not yet published.

Issue: w/n the deposition deposition taking is allowed

Held: Yes.
The deposition taking is allowed. While it is true that when an action in personam is essential for the
court to acquire jurisdiction over the person of the defendant – in an adoption case which involves
the status of a person, there is no particular defendant to speak of since the proceeding is one in
rem. In such case, jurisdiction over the person of the defendant is a non-essential condition or the
taking of the deposition, for the jurisdiction of the court is based on its power over the RES to render
judgment in respect to such thing or status.
Publication of the scheduled hearing for the petition for adoption is necessary for the validity of a
decree of adoption. This means there could be no decree of adoption without publication. But it is not
necessary for the purpose merely of taking a deposition. In taking a deposition, no substantial rights
are affected since the deposition may or may not be presented or may even be objected to when

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formally offered as evidence in the trial of the case later on.

Deposition may be applied even prior to publication.

Section 13. Child and Home Study Report. –In preparing the child study report on the adoptee, the
concern social worker, shall verify with the Civil Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the
responsibility of the social worker to register the adoptee and secure a certificate of foundling or late
registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in
support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption
shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and
that his government allows the adoptee to enter his country as his adopted child in the absence of
the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the
petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the
petitioner.

REPORTS OF THE SOCIAL WORKER THAT NEED TO BE SUBMITTED:

1. Child Study Report


2. Home Study Report

CHILD STUDY REPORT


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ADOPTION [ra 8552 and ra 8043]

o Study made by court social worker of the child’s legal status, placement history, psychological, social,
spiritual, medical, ethno-cultural background family needed in determining the most appropriate
placement for him
o Social worker shall:
1. Verify with the Civil Registry the real identity and registered name of the adoptee. If not
registered, social worker shall register the adoptee and secure a certificate of foundling of late
registration
2. Establish that:
 Child is legally available for adoption
 Supporting documents are valid and authentic
 Adopter has sincere intentions
 Adoption id for the best interest of the child

HOME STUDY REPORT-


 Study made by court social worker of the motivation and capacity of the prospective adoptive
parents to provide a home that meets the needs of a child
 If adopter is an alien, social worker must show:
 Adopter’s legal capacity to adopt
 Adopter’s government allows the adoptee to enter his country as his adopted child in
the absence of the certification required under Section (b) RA 8552

CHILD AND HOME STUDY REPORTS


 If after conduct of the case studies, the social worker finds that there are grounds to deny the
petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the

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petitioner.

Section 14. Hearing-


Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied
with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the
former must testify before the presiding judge of the court on the date set for hearing.
The court shall verify from the social worker and determine whether the biological parent has been properly counselled
against making hasty decisions caused by strain or anxiety to give up the child; ensure that all meaures to 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.
Hearing
 Proof required
1. Publication of order of hearing
2. Compliance with jurisdictional requirements
 Who should appear
1. Petitioner who should testify before the court
2. Adoptee
3. Social worker who shall verify whether biological parent has been properly counselled
against making hasty decisions caused by strain or anxiety to give up the child
 Duty of the Court
1. Verify the social worker and determine whether biological parent has been properly
counselled against making hasty decisions caused by strain or anxiety to give up the
child;
2. Ensure that all measures to strengthen the family have been exhausted;
3. Ascertain if any prolonged stay of the child in his home will be inimical to his welfare
and interest

Section 15. Supervised Trial Custody-


GROUP 1 11
ADOPTION [ra 8552 and ra 8043]

Before issuance of the decree of adoption the court shall give the adopter trial custody of the adoptee for a period of
atleast six (6) months within which the parties are expected to adjust psychologically and emotionally to each other
and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the
department, or the social service of the local government unit, or the child placement or child-caring agency which
submitted are prepared the case studies. During said period, temporary parental authority shall be vested in the
adopter.
The court may, motu propio or upon motion of any party, reduce the period or exempting the parties if it finds that the
same shall be for the best interests of the adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-month trial custody except the following:
a. A former Filipino citizen who seeks to adopt a relative within the fourth (4 th) degree of consanguinity or affinity; or
b. One who seeks to adopt the legitimate child of his Filipino spouse; or
c. One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the
fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement
authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to
which the biological parent is entitled from the date the adoptee is place with him.
The social worker shall submit to the court a report on the result of the trial custody within two weeks after its
termination.

SUPERVISED TRIAL CUSTODY


 Period of time during which a social worker oversees the adjustment and emotional readiness of both adopter and
adoptee in stabilizing filial relationship
 To be monitored by the court social worker, DSWD, CSSDO, child-placement or child-caring agency which submitted
and prepared the case studies

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 At least 6 months~ during which temporary parental authority shall be vested in the adopter
 Trial custody may be reduced or exempted by the court motu propio or upon motion of any party for the best interest
of adoptee
 If the child below 7 years old is placed with the prospective adopter through a pre adoption placement authority
issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the
biological parent is entitled from the date the adoptee is placed with him
 Social worker shall submit to the court a report on the result of the trial custody within 2 weeks after its termination

ADOPTION
DOMESTIC & INTER-COUNTRY

SEC. 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the parties and the
court is convinced from the trial custody report and the evidence adduced that the adoption shall
redound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect
as of the date the original petition was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day
reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to
the Civil Registrar where the child was originally registered within thirty (30) days from receipt of the
certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar
where the court issuing the same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days
from receipt of, the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate
GROUP 1 12
ADOPTION [ra 8552 and ra 8043]

and which shall show, among others, the following: registry number, date of registration, name of child,
sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and
place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can be opened only upon order
of the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within
thirty days from receipt of the decree. If the adoptee is a foundling, the court shall order the Civil
Registrar where the foundling was registered, to annotate the decree of adoption on the foundling
certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with
the decree.

SEC. 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions showing the date of
issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all
incidents arising after the issuance of the decree.

SEC. 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after
.compliance with the jurisdictional requirements shall be confidential and shall not be open to the public.
All records, books and papers relating to the adoption cases in the files of the court, the Department, or
any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for security reasons
or for purposes connected with or arising out of the adoption and will be for the best interests of the
adoptee, the court may, upon proper motion, order the necessary information to be released, restricting
the purposes for which it may be used.

Effects of Adoption

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1. Transfer of Parental Authority. – Except in cases where the biological parent is the spouse of the adopter, all
legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested
on the adopter(s). (sec. 16 RA. 8552)

2. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and
purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters
born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family. (sec. 17 RA. 8552)

3. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s)
had left a will, the law on testamentary succession shall govern. (sec. 18 RA. 8552)

Issuance of a new certificate and First name and surname of the adoptee

1. The adoption decree shall state the name by which the child is to be known (sec. 13 RA 8552)

2. Civil Registry Record. – An amended certificate of birth shall be issued by the Civil Registry, as required by
the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by being registered with
his/her surname. The original certificate of birth shall be stamped "cancelled" with the annotation of the issuance
of an amended birth certificate in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. (sec. 14 RA 8552)

3. All records, books, and papers relating to the adoption cases in the files of the court, the Department, or any
other agency or institution participating in the adoption proceedings shall be kept strictly confidential.
GROUP 1 13
ADOPTION [ra 8552 and ra 8043]

If the court finds that the disclosure of the information to a third person is necessary for purposes connected with
or arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary
information to be released, restricting the purposes for which it may be used. (sec. 15 RA 8552)

SEC. 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee
who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if
he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations. Adoption, being in the best interests of
the child, shall not be subject to

rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article
919 of the Civil Code.

Effects of Rescission.

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If the petition is granted, the parental authority of the adoptee's biological parent(s), if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the
adopter(s) and the adoptee to each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her
original birth certificate.

Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission.
Vested rights acquired prior to judicial rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal
Code if the criminal acts are properly proven. (sec. 20 RA 8552)

AM NO. 02-6-02-SC

Section 20 Venue.
Petition shall be filed with the Family Court of the city or province where the adoptee resides.

Section 21 Time to file petition


1. If incapacitated, adoptee must file the petition for rescission or revocation of adoption within 5 years after he
reaches the age of majority
2. If incompetent at the time of adoption, within 5 years after recovery from such incompetency

Section 22 Order to Answer


 The court shall order the adverse party to answer the petition within 15 days from the receipt of a copy
 The order and copy of the petition shall be served on the adverse party as the court may direct.

Section 23 Judgment
GROUP 1 14
ADOPTION [ra 8552 and ra 8043]

The court shall:


1) Order for the rescission of the adoption if the allegations of the petition are true
2) Order that the parental authority of the biological parent, if known, or the legal custody of the Department
shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and
obligations of the adopter and the adoptee to each other shall be extinguished
3) Declare that the successional rights shall revert to its status prior to adoption
4) Order the adoptee to use the name stated in his original birth of foundling certificate
5) Order the Civil Registrar to cancel the new birth certificate of the adoptee and reinstate his original or
foundling certificate

Section 24 Service of Judgment


 A certified true copy of the judgment together with a certificate of finality shall be served by the petitioner
upon the Civil Registrar concerned within 30 days from receipt of the certificate of finality
 The Civil Registrar shall enter the rescission decree in the register and submit proof of compliance to the
court within 30 days from the receipt of decree.
 The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

Section 25 Repeal
 Supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court

Republic Act No. 8043


“The Inter-Country Adoption Act of 1995 “

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RA No. 8043 (1995) Rule on Adoption A.M. No. 02-6-02-SC (2 August 2002)
AMENDED IMPLEMENTING RULES AND REGULATIONS ON INTER-COUNTRY ADOPTION
Effective: April 16, 2007

Then on March 12, 2009, some provisions were amended by RA 9523 An Act Requiring Certification Of The DSWD
To Declare A "Child Legally Available For Adoption" As A Prerequisite For Adoption Proceedings

 DEFINITION OF TERMS (SECTION 3)

APPLICANT shall refer to a married couple or a single person who files an application;

BOARD shall refer to the Inter-Country Adoption Board which is the Central Authority in matters relating to inter-country
adoption and the policy-making body for the purposes of carrying out the provisions of R.A. 8043 and the Convention;

CENTRAL AUTHORITY shall refer to the key governmental entity which is responsible for carrying out the provisions of
the Convention;

CHILD refers to a person below 18 years of age or a person over 18 years of age but is unable to fully take care of
him/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
mental disability or condition (amended by RA 9523)

ABANDONED CHILD refers to a child who has no proper parental care or guardianship, or whose parent(s) have
deserted him/her for a period of at least three (3) continuous months, which includes a founding.

NEGLECTED CHILD refers to a child whose basic needs have been deliberately unattended or inadequately attended
within a period of three (3) continuous months. Neglect may occur in two (2) ways:
GROUP 1 15
ADOPTION [ra 8552 and ra 8043]

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is
unattended when left by himself/herself without proper provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to
work under conditions not conducive to good health; or is made to beg in the streets or public places; or when
children are in moral danger, or exposed to gambling, prostitution, and other vices.

DEPENDENT CHILD is 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.

CHILD LEGALLY AVAILABLE FOR ADOPTION refers to a child in whose favor a certification was issued by the DSWD
that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through the
submission of pertinent documents, or one who was voluntarily committed by his/her parent(s) or legal guardian.;
(amended by RA 9523)

FOREIGN ADOPTION AGENCY OR FAA shall refer to the State Welfare Agency or the licensed and accredited agency
in the country of the foreign adoptive parents that provides comprehensive social services and is duly recognized by the
Board;

INTER-COUNTRY ADOPTION shall refer to the socio-legal process of adopting a child by a foreign national or a
Filipino citizen permanently residing abroad where the petition for adoption is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued in the foreign country where the applicant resides thereby creating a
permanent parent-child relationship between the child and the adoptive parents;

ILLEGAL ADOPTION shall refer to an adoption that is effected in any manner contrary to the provisions of RA 8043,

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


these Rules, established State policies, Executive Agreements and other laws pertaining to adoption;

MATCHING shall refer to the judicious pairing of the applicant and the child to promote a mutually satisfying parent-
child relationship;

VOLUNTARILY COMMITTED CHILD is one whose parent(s) or legal guardian knowingly and willingly relinquished
parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution.

 WHO MAY BE ADOPTED (SECTION 26)

Any child who has been:

1. Voluntarily committed;
Proviso: the physical transfer of said child shall be made not earlier than 6 months from the date of
execution of the Deed of Voluntary Commitment by the child’s biological parent/s or guardian. Provided
further, that this prohibition against physical transfer shall not apply to children being adopted by a
relative or to children with special medical conditions
2. Involuntarily committed;
3. Abandoned; or
4. Neglected.

AND is considered a CHILD LEGALLY AVAILABLE FOR ADOPTION

 WHO MAY ADOPT (SECTION 27)

1. Any foreign national or


2. Filipino citizen permanently residing abroad,
GROUP 1 16
ADOPTION [ra 8552 and ra 8043]

 QUALIFICATIONS OF THE ADOPTER (SECTION 27)

a) Is at least twenty-seven (27) years of age and is at least sixteen (16) years older than the child to be adopted at
the time of the filing of the application, unless the applicant is the parent by nature of the child to be adopted or
is the spouse of such parent by nature;

b) Has the capacity to act and assume all the rights and responsibilities incidental to parental authority under his/her
national law;

c) Has undergone appropriate counseling from an accredited counselor in his/her country;

d) Has not been convicted of a crime involving moral turpitude;

e) Is eligible to adopt under his/her national law;

f) Can provide the proper care and support and give the necessary moral values and example to the child and, in
the proper case, to all his/her other children;

g) Comes from a country

i. With whom the Philippines has diplomatic relations;

ii. Whose government maintains a foreign adoption agency; and


iii. Whose laws allow adoption; and

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h) Files jointly with his/her spouse, if any, who shall have the same qualifications and none of the disqualifications to
adopt as prescribed above.

 DOCUMENTARY REQUIREMENTS OF APPLICANTS (SECTION 28).

A. Application Form – an application form prescribed by the Board shall be accomplished by husband and wife and
shall consist of the following:

1. Undertaking under oath signed by the applicants;


2. The Information and Personal Data of the Applicants for Inter-country Adoption; and

B. Home Study Report to be prepared by the Central Authority or an ICAB accredited Foreign Adoption Agency.

C. Supporting documents to be attached to the Application shall consist of the following:


1. Birth Certificate of the Applicants (in cases of relative adoption, Birth Certificate of their common
ancestry delineating relationship up to the 4th degree of consanguinity or affinity)
2. Marriage Contract of the applicants, and in the proper case, Decree of Divorce of all the previous
marriages of both spouses;
3. Written consent to the adoption in the form of a sworn statement by the biological and/or adopted
children of the applicants who are ten (10) years of age or over;
4. Physical and medical evaluation by a duly licensed physician;
5. Psychological evaluation by a duly licensed psychiatrist or psychologist or in some countries, social
workers who are sufficiently trained in clinical psychology as part of the degree requirement in the field of
social work.
6. Latest income tax return or other documents showing the financial capability of the applicant; Clearances
issued by the Police Department or other proper government agency of the place where the applicants
reside
GROUP 1 17
ADOPTION [ra 8552 and ra 8043]

7. Clearances issued by the Police Department or other proper government agency of the place where the
applicants reside;
8. 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 (5) years; and
9. A Certification from the appropriate government agency that the applicant is qualified to adopt under
his/her national law and that the child to be adopted is allowed to enter the country for trial custody and
reside permanently in the said place once adopted;
10. Recent postcard size pictures of the applicant, their immediate family members and their home; and
11. Self-Report Questionnaire (required when the Psychological Evaluation is inadequate).

 WHERE TO FILE THE APPLICATION (SECTION 30)

Application shall be filed with the BOARD through:

1. the Central Authority on Inter-country Adoption;


2. an ICAB accredited FAA or GAA in the country where the applicant resides.

NOTES:

 Foreigners who file their petition for adoption in the Philippines under the Domestic Adoption Act of 1998 or RA 8552, the
Court after finding the petition to be sufficient in form and substance and a proper case for inter-country adoption, shall
immediately transmit the petition to the ICAB for appropriate action. The ICAB shall then act on the application following
the procedures described in the Amended Implementing Rules and Regulations.

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 All documents must be written and officially translated in English.

 All documents must be officially endorsed by the Central Authority on Intercountry Adoption or ICAB accredited Foreign
Adoption Agency to the ICAB in the Philippines

 All communications relating to adoption application and/or child referral shall be transmitted by the Central Authority or
by the ICAB accredited FAA directly to the ICAB.

 All ICAB correspondence/communication shall be transmitted directly to the concerned Central Authority and/or Foreign
Adoption Agency.

 All the process for the Philippine Intercountry Adoption (ICA) DOES NOT require the intervention of a lawyer/attorney
either in the Philippines or from the applicant’s country of residence.

DISTINCTIONS BETWEEN DOMESTIC ADOPTION AND INTER-COUNTRY ADOPTION

DOMESTIC ADOPTION INTER-COUNTRY ADOPTION


Governed by RA 8043, the Inter-Country
Governed by RA 8552, the Domestic Adoption
Adoption Act of 1995; procedure governed by the
Act of 1998; procedure governed by AM No. 02-
Amended Implementing Rules and Regulations on
06-02-SC, Aug. 22, 2002.
ICAA.
GROUP 1 18
ADOPTION [ra 8552 and ra 8043]

Applies to domestic adoption of Filipino Applies to adoption of a Filipino child in a foreign


children, where the entire adoption process country, where the petition for adoption is filed,
beginning from the filing of the petition up to the supervised trial custody is undertaken and the
the issuance of the adoption decree takes place decree of adoption is issued outside of the
in the Philippines. Philippines.

Who may be adopted Who may be adopted


A child legally available for adoption. Only a legally free child may be adopted.
Requisites: Requisites:
a) Below 18 years of age; and a) Below 15 years of age; and
b) Has been voluntarily or involuntarily
b) Judicially declared available for
committed to the DSWD in accordance with PD
adoption.
603.
c) Exceptions:
d) Legitimate son/daughter of one spouse
by the other spouse;
e) Illegitimate son/daughter by a qualified
adopter;

f) Person of legal age if, prior to the


adoption said person has been consistently
considered and treated by the adopter/s as

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his/her own child since minority.

Who may adopt Who may adopt


1. FILIPINO CITIZENS A. FILIPINO CITIZENS

1) Of legal age; 1) Permanent resident of a foreign country;

2) Has the capacity to act and assume all


2) In possession of full civil capacity and
rights and responsibilities of parental authority
legal rights;
under Philippine laws;
3) Has undergone the appropriate counseling
3) Of good moral character; from an accredited counselor in country of
domicile;
4) Has not been convicted of any crime 4) Has not been convicted of a crime
involving moral turpitude; involving moral turpitude;
5) Emotionally and psychologically
5) Eligible to adopt under Philippine laws;
capable of caring for children;
6) In a position to provide the proper care
6) In a position to support and care for
and support and to give the necessary moral
his/her children in keeping with the means of
values and example to all his children, including
the family;
the child to be adopted;
GROUP 1 19
ADOPTION [ra 8552 and ra 8043]

7) At least 16 years older than the 7) Agrees to uphold the basic rights of the
adoptee but this latter requirement may be child as embodied under Philippine laws, the UN
waived if (a) the adopter is the biological parent Convention on Rights of the Child, and to abide by
of the adoptee; or (b) the adopter is the spouse the rules and regulations issued to implement the
of the adoptee‘s parent; and provisions of the ICAA;

8) Residing in a country with whom the


Philippines has diplomatic relations and whose
8) Permanent resident of the Philippines. government maintains a similarly authorized and
accredited agency and that adoption is allowed in
that country;

9) Possesses all the qualifications and none


of the disqualifications provided in the ICAA and in
other applicable Philippine laws;
10) At least 27 years of age at the time of the
application; and

11) At least 16 years older than the child to be


adopted at the time of application, unless (a)
adopted is the parent by nature of the child to be
adopted; or (b) adopter is the spouse of the parent
by nature of the child to be adopted.

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1. ALIENS B. ALIENS

1) Same qualifications as above, and in 1) At least 27 years of age at the time of the
addition: application;

2) At least 16 years older than the child to be


2) His/her country has diplomatic adopted at the time of application unless the
relations with the Republic of the Philippines; adopter is the parent by nature of the child to be
adopted or the spouse of such parent;

3) His/her government allows the adoptee 3) Has the capacity to act and assume all
to enter his/her country as his/her adopted rights and responsibilities of parental authority
son/daughter; under his national laws;

4) Has been living in the Philippines for at


least 3 continuous years prior to the filing of
4) Has undergone the appropriate counseling
the application for adoption and maintains such
from an accredited counselor in his/her country;
residence until the adoption decree is entered;
and
GROUP 1 20
ADOPTION [ra 8552 and ra 8043]

5) Has been certified by his/her


diplomatic or consular office or any appropriate
government agency that he/she has the legal
capacity to adopt in his/her country. This
requirement may be waived if (a) a former
Filipino citizens seeks to adopt a relative within 5) Has not been convicted of a crime
the 4th degree of consanguinity or affinity; (b) involving moral turpitude;
one seeks to adopt the legitimate son/daughter
of his/her Filipino spouse; (c) one who is
married to a Filipino citizen and seeks to adopt
a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.

6) Eligible to adopt under his/her national


law;
7) 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;

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


8) Agrees to uphold the basic rights of the
child as embodied under Philippine laws, the UN
Convention on the Rights of the Child, and to abide
by the rules and regulations issued to implement
the provisions of the ICAA;

9) 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

10) Possesses all the qualifications and none of


the disqualifications provided in the ICAA and in
other applicable Philippine laws.
Requirement of Joint Adoption by
Requirement of Joint Adoption by Spouses
Spouses
General rule: husband and wife shall jointly
adopt; otherwise, the adoption shall not be
allowed. Rule: if the adopter is married, his/her spouse
Exceptions: must jointly file for the adoption.
1) If one spouse seeks to adopt the
legitimate son/daughter of the other;
GROUP 1 21
ADOPTION [ra 8552 and ra 8043]

2) If one spouse seeks to adopt his/her


own illegitimate son/daughter but the other
spouse must give his/her consent;

3) If the spouses are legally separated


from each other.
Procedure Procedure

Where to file application: Either in (a) Family


Court having jurisdiction over the place where the
Where to file application: In the Family Court child resides or may be found, or (b) Inter-Country
of the province or city where the prospective Adoption Board (ICAB) through an intermediate
parents reside. agency, whether governmental or an authorized
and accredited agency, in the country of the
prospective adoptive parents.

After filing: After filing:

a) if filed in the FC, court determines


sufficiency of petition in respect to form and
The petition shall not be set for hearing without substance, after which, petition is transmitted to
a case study report by a licensed social worker. ICAB;

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


b) if petition is already with ICAB, it conducts
matching of the applicant with an adoptive child;

c) after matchmaking, the child is personally


fetched by the applicant for the trial custody which
takes place outside of the Philippines.

Supervised Trial Custody: Supervised Trial Custody:


a) This process takes place outside of the
a) Temporary parental authority is vested
country and under the supervision of the foreign
in prospective adopter;
adoption agency;
b) Period is at least 6 months, but may be
reduced by the court motu propio or upon b) For a period of 6 months;
motion;

c) If adopter is alien, the law mandatorily c) If unsuccessful, ICAB shall look for
requires completion of the 6-month trial another prospective applicant. Repatriation of the
custody and may not be reduced, except if: child is to be resorted only as a last resort;

d) If successful, ICAB transmits a written


1) a former Filipino citizen seeks to adopt
consent for the adoption to be executed by the
a relative within 4th degree of consanguinity or
DSWD, and the applicant then files a petition for
affinity;
adoption in his/her country.
2) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
GROUP 1 22
ADOPTION [ra 8552 and ra 8043]

3) one who is married to a Filipino citizen


and seeks to adopt jointly with his/her spouse a
relative within the 4th degree of consanguinity
or affinity of the Filipino spouse.

Decree of Adoption: Issued by Philippine


Decree of Adoption: Issued by a foreign court.
Family Court.
Consent Required: Written consent of the
following to the adoption is required, in the Consent Required:
form of affidavit:

1) Written consent of biological or adopted


children above 10 years of age, in the form of
1) adoptee, if 10 years of age or over;
sworn statement is required to be attached to the
application to be filed with the FC or ICAB;

2) biological parent/s of the child, if 2) If a satisfactory pre-adoptive relationship


known, or the legal guardian, or the proper is formed between the applicant and the child, the
government instrumentality which has legal written consent to the adoption executed by the
custody of the child; DSWD is required.

3) legitimate and adopted sons or


daughters, 10 years of age or over, of the

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


adopter/s and adoptee, if any;

4) illegitimate sons/daughters, 10 years of


age of over, of the adopter if living with said
adopter and the latter‘s spouse, if any;

5) spouse, if any, of the person adopting


or to be adopted.

LIST OF CASES

1. LANDINGIN VS. REPUBLIC, GR NO. 164948, JUNE 27, 2006

FACTS: Diwata Ramos Landingin, a US citizen of Filipino parentage filed a petition for the adoption of 3 minors, natural
children of Manuel Ramos, the former’s brother, and Amelia Ramos. She alleged in her petition that when her brother
died, the children were left to their paternal grandmother for their biological mother went to Italy, re-married there and
now has 2 children by her second marriage and no longer communicates from the time she left up to the institution of the
adoption. After the paternal grandmother passed away, the minors were being supported by the petitioner and her
children abroad and gave their written consent for their adoption.

A Social Worker of the DSWD submitted a Report recommending for the adoption and narrated that Amelia, the biological
mother was consulted with the adoption plan and after weighing the benefits of adoption to her children, she voluntarily
consented.

However, petitioner failed to present the said social worker as witness and offer in evidence the voluntary consent of
Amelia Ramos to the adoption. Petitioner also failed to present any documentary evidence to prove that Amelia assent to
the adoption.
GROUP 1 23
ADOPTION [ra 8552 and ra 8043]

ISSUE: WON a petition for adoption be granted without the written consent of the adoptee’s biological mother.

HELD: No. Section 9, par (b) of RA 8552, provides that the consent of the biological parent(s) of the child, if known is
necessary to the adoption. The written consent of the legal guardian will suffice if the written consent of the biological
parents cannot be obtained.

The general requirement of consent and notice to the natural parents is intended to protect the natural parental
relationship from unwarranted interference by interlopers, and to insure the opportunity to safeguard the best interests of
the child in the manner of the proposed adoption.

The written consent of the biological parents is indispensable for the validity of the decree of adoption. Indeed, the
natural right of a parent to his child requires that his consent must be obtained before his parental rights and duties may
be terminated and re-establish in adoptive parents. In this case, petitioner failed to submit the written consent of Amelia
Ramos to the adoption.

Moreover, abandonment means neglect and refusal to perform the filial and legal obligations of love and support. Merely
permitting the child to remain for a time undisturbed in the care of others is not such abandonment. To dispense with the
requirements of consent, the abandonment must be shown to have existed at the time of adoption.

2. REPUBLIC VS. ELIPONIO 202 SCRA 748

FACTS: There was a petition for adoption filed. The petitioner sought to take the deposition of certain witnesses
applying Rule 24 because the same applies with the special proceedings. But the trouble is when the petitioners were
asking for the deposition taking, the petition was not yet published.

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


Since the court has not yet obtained jurisdiction over the defendant, then, deposition taking cannot be allowed. Under
Rule 24 of the ROC, deposition taking can only be allowed with the leave of court after the court acquired jurisdiction
over the defendant or over the property which is the subject of the action. Since what confirms jurisdiction is publication,
one party said, therefore you cannot apply Rule 24 without publication.

ISSUE: WON notice to the defendant thru publication is an essential condition in order that the court could acquire
jurisdiction first over his person before deposition taking could take place with regards to petition for adoption.

HELD: NO. While it is true that when an action in personam is essential for the court to acquire jurisdiction over the
person of the defendant – in an adoption case which involves the status of a person, there is no particular defendant to
speak of since the proceeding is one in REM. In such case, jurisdiction over the person of the defendant is non-essential
condition for the taking of the deposition, for the jurisdiction of the court is based on its power over the RES. To render
judgment in respect to such thing or status.

Publication of the scheduled hearing for the petition of adoption is necessary for the validity of a decree of adoption. This
means there could be no decree of adoption without publication. But it is not necessary for the purpose merely of taking
a deposition. In taking a deposition, no substantial rights are affected since the deposition may or may not be presented
or may even be objected to when formally offered as evidence in the trial of the case later on.

So, it is obvious that deposition taking may be applied even prior to publication.

3. REYES VS. SOTERO, GR NO. 167405, FEBRUARY 16, 2006

FACTS: Respondent Chichioco filed a petition for the issuance of letters of administration and settlement of estate of the
late Elena Lising claiming that she was the niece and heir of Lising who died intestate. Respondent claims that real and
personal properties were allegedly in the possession of petitioner Ana Joyce S. Reyes, a grandniece of the deceased.
GROUP 1 24
ADOPTION [ra 8552 and ra 8043]

Petitioner Reyes filed an Opposition to the petition, claiming that she was an adopted child of Lising and the latter’s
husband and asserting that the petition be dismissed since she was the only heir of Lising who passed away without
leaving any debts.

Subsequently, petitioner filed a Supplement to the Opposition attaching thereto the certification of her adoption from the
local civil registrar’s office that the adoption decree was registered therein and also a copy of a Judicial Form and a
certification issued by the clerk of court that the decree was on file in the General Docket of the RTC-Tarlac.

Respondents filed a Comment to the opposition stating that reasonable doubts have been cast on Petitioner’s claim that
she was legally adopted due allegedly to certain “badges of fraud.”

The appellate court refused to dismiss the proceeding because it was incumbent upon the petitioner to prove before the
trial court that she was indeed adopted by the Delos Santos spouse since, “imputations of irregularities permeating the
adoption decree render its authenticity under a cloud of doubt.”

ISSUE: WON petitioner had to prove the validity of her adoption due to imputations of irregularities.

HELD: No. Petitioner need not prove her legal adoption by any evidence other than those which she had already
presented before the trial court.

An adoption decree is a public document required by law to be entered into public records, the official repository of
which, as well as all other judicial pronouncements affecting the status of individuals, is the local civil registrar’s office as
well as the court which rendered the judgment.

Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


evidence of the facts therein stated. As such, the certifications issued by the local civil registrar and the clerk of court
regarding details of petitioner’s adoption which are entered in the records kept under their official custody, are prima
facie evidence of the facts contained therein. These certifications suffice as proof of the fact of petitioner’s adoption by
the Delos Santos spouses until contradicted or overcome by sufficient evidence. Mere “imputations of irregularities” will
not cast a “cloud of doubt” on the adoption decree since the certifications and its contents are presumed valid until proof
to the contrary is offered.

4. SAYSON VS. CA

FACTS: Eleno and Rafaela Sayson begot five children, namely, Mauricio, Rosario, Basilisa, Remedios and Teodoro. Eleno
died on November 10, 1952, and Rafaela on May15,1976. Teodoro, who had married Isabel Bautista, died on March 23,
1972. His wife died nine years later. Their properties were left in the possession of Delia, Edmundo, and Doribel, all
surnamed Sayson, who claim to be their children.Mauricio, Rosario, Basilisa, and Remedios, together with Juana C.
Bautista, Isabel's mother, filed a complaint for partition and accounting of the intestate estate of Teodoro and Isabel
Sayson. Delia, Edmundo and Doribel filed their own complaint, this time for the accounting and partition of the intestate
estate of Eleno and Rafaela Sayson, against the couple's four surviving children. Both cases filed on the Lower Court were
decided in favor Delia, et al. on the basis of practically thesame evidence. The Lower Court declared that Delia and
Edmundo were the legally adopted children of Teodoro and Isabel Sayson by virtue of the decree of adoption. Doribel
was their legitimate daughter as evidenced by her birth certificate. Consequently, the three children were entitled to
inherit from Eleno and Rafaela by right of representation. Both cases were appealed to the Court of Appeals, where they
were consolidated. The appellate court affirmed that Delia, et al. are entitled to the intestate estate of spouses Teodoro
and Isabel Sayson. However, Delia and Edmundo are disqualified from inheriting from the estate of the deceased spouses
Eleno and Rafaela Sayson.

ISSUE: W/N the validity of adoption can be collaterally attack in the partition proceedings?
GROUP 1 25
ADOPTION [ra 8552 and ra 8043]

HELD: NO. The complaint should be dismissed. The sisters of the deceased brother cannot attack the validity of the
adoption collaterally in action for partition. There must be a direct proceeding. The validity of adoption cannot be resolved
as a side issue in another case.

NOTE/Grey area: Under the law only the adoptee can revoke the adoption and not the herein sisters.

INTER-COUNTRY ADOPTION CASES

Case No. 1

REPUBLIC OF THE PHILIPPINES, petitioner,


versus
THE HONORABLE COURT OF APPEALS and the SPOUSES JAMES ANTHONY HUGHES and LENITA MABUNAY
HUGHES, respondents.

G.R. No. 100835 October 26, 1993

Facts of the Case:

James Hughes, a natural born citizen of the United States of America, married Lenita Mabunay, a Filipino

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


Citizen, who herself was later naturalized as a citizen of that country. The spouses jointly filed a petition
with the RTC to adopt the minor niece and nephews of Lenita, who had been living with the couple even prior to the
filing of the petition. The minors, as well as their parents, gave consent to the adoption. The RTC rendered a
decision granting the petition.

Issue:

Can the spouses adopt the minors?

Held:

While James Anthony unquestionably is not permitted to adopt under any of the exceptional cases
enumerated in paragraph (3) of the aforequoted article, Lenita, however, can qualify pursuant to paragraph (3) (a).
Lenita may not thus adopt a l o n e s i n c e A r t i c l e 1 8 5 r e q u i r e s a j o i n t a d o p t i o n b y t h e husband
and the wife, a condition that must be read along together with Article 184. Art 185 provides: Art. 185. Husband
and wife must jointly adopt, except in the following cases: (1) When one spouse seeks to adopt his own
illegitimate child; or (2) When one spouse seeks to adopt the legitimate child of the other
.A s a m e n d e d b y E x e c u t i v e O r d e r 9 , Presidential Decree No. 603, had thus made
it mandatory for both the spouses to jointly adopt when one of them was an alien. The law was silent when
both spouses were of the same nationality.

Case No. 2

Republic of the Philippines, petitioner,


Versus

Claude A. Miller and Jumrus S. Miller, respondents.

306 SCRA 183, April 21, 1999


GROUP 1 26
ADOPTION [ra 8552 and ra 8043]

Facts of the Case:

On July 29, 1988, the spouses Claude and Jumrus Miller, both American citizen, filed with the Regional Trial
Court a petition to adopt the minor Michael Magno Madayag. On May 12, 1989, the trial court rendered decision granting
the petition for adoption. The Republic of the Philippines, through the Solicitor General, appealed originally to the Court of
Appeals from the decision of RTC granting the petition of respondent spouses to adopt the minor Michael Magno
Madayag. In its decision promulgated on April 17, 1996, the Court of Appeals certified the case to the Supreme Court
because the petition raised question of law.

Issue:
Whether or not the court may allow aliens to adopt a Filipino child despite prohibition of the Family Code,
effective August 3, 1988, when the petition for adoption was filed on July 29, 1988, under the provision of the Child and
Youth Welfare Code which allowed aliens to adopt.

Ruling:

Yes. An alien, who filed a petition for adoption before the effectivity of the Family Code, although denied the right
to adopt under Article 184 of the said Code, may continue with his petition under the law prevailing before the Family
Code. They acquired a vested right which could not be affected by the subsequent enactment of a new law disqualifying
him. The Supreme Court hereby affirms the appealed decision of the Regional Trial Court.

Case No. 3

Republic of the Philippines, petitioner,

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


versus

Toledano, respondents.

233 SCRA 9, June 8, 1994.

Facts of the Case:

On February 21, 1990 Alvin Clouse, a natural born citizen of America and his wife Evelyn A Clause, Filipino at
birth who later became a natural citizen of the United States petition to adopt Solomon Joseph Alcala. On June 20, 1990
the judge decree said Filipino minor be their child by adoption.
Republic of the Philippines, the petitioner here, appealed that the lower court erred in granting the petition for
adoption for the spouses are not qualified to adopt under the Philippine Law.

Issue:

Whether or not the spouses Alvin and Evelyn Clouse being an alien are
disqualified to adopt under the Philippine law.

Ruling:

Yes. The spouses are disqualified to adopt the Filipino child Solomon. Article 184, paragraph (3) of Executive
Order No. 209 expressly enumerates the persons who are not qualified to adopt, viz:

(3) An alien, except: (a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or (c) One who is married to a
Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. Aliens
not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on
inter-country adoption as may be provided by law. Private respondent Evelyn A. Clouse, on the other h a n d ,
GROUP 1 27
ADOPTION [ra 8552 and ra 8043]

m a y a p p e a r t o q u a l i f y p u r s u a n t t o p a r a g r a p h 3 ( a ) o f Article 184 of E.O. 209. She was a former Filipino


citizen. She sought to adopt her younger brother. Unfortunately, the petition o r adoption cannot
b e g r a n t e d i n h e r f a v o r a l o n e w i t h o u t violating Article 185 which mandates a joint adoption by the
husband and wife. It reads: Article 185. Husband and wife must j o i n t l y a d o p t , e x c e p t i n t h e f o l l o w i n g
c a s e s : ( 1 ) W h e n o n e spouse seeks to adopt his own illegitimate child; or (2) When one spouse seeks
to adopt the legitimate child of the other. Article 185 requires a joint adoption by the husband and wife, a
condition that must be read along together with Article 184.

Case No. 4

LANDINGIN, petitioner,
vs.
REPUBLIC OF THE PHILIPPINES, respondents.

G.R. No. 164948 June 27, 2006

Facts of the case:

Diwata Ramos Landingin, a citizen of the United States of America (USA), of Filipino parentage and a resident
of Guam, USA, filed a petition for the adoption of minors Elaine Dizon Ramos, Elma Dizon Ramos and Eugene Dizon
Ramos. The minors are the natural children of Manuel Ramos, petitioner’s brother (deceased), and Amelia Ramos who
went to Italy, re-married there and now has two children by her second marriage and no longer communicated with her
children

Issue:

Abad. Acosta. Araneta. Aribal. Dujali. Fabula. Macariola. Malinao. Senoron


Whether or not the petition for adoption is invalid for lack of consent of the biological mother?

Ruling:

No. The general requirement of consent and notice to the natural parents is intended to protect the natural
parental relationship from unwarranted interference by interlopers, and to insure the opportunity to safeguard the
best interests of the child in the manner of the proposed adoption. When she filed her petition with the trial court, Rep.
Act No. 8552 was already in effect. Section9 thereof provides that if the written consent of the biological parents cannot
be obtained, the written consent of the legal guardian of the minors will suffice. If, as claimed by petitioner, that the
biological mother of the minors had indeed abandoned them, she should, thus have adduced the written consent of their
legal guardian.

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