FOREWORD:

Ateneo de Davao UniversityCollege of Law

Appendix C

Persons and Family Relations (MANRESA 2008)

FOR PROOF-READING

LAWS ON ADOPTIONThe Family CodeInter-Country Adoption Act of 1995 (RA 8043) approved on June 7, 1995Domestic Adoption Act of 1998

(RA 8552) approved on February 25, 1998

Common Provisions

Adopter must be at least 16 years older than the adopted except:a. Adopter is the biological parent; or

b. Adopter is the spouse of such parent (under the FC, the spouse of the legitimate parent of the person to be adopted).

If an alien, he/she must come from a country with whom the Philippines has diplomatic relations.

Trial custody for a period of at least 6 months, but under RA 8552, if adopter is a Filipino, the period may be reduced if the court finds the same to be in the best interest of the adopted.

If married, husband and wife must jointly adopt, except:

a. When one spouse seeks to adopt his own illegitimate child; or

b. When one spouse seeks to adopt the legitimate child of the other.a. When one spouse seeks to adopt the legitimate child of the other; or

b. One spouse seeks to adopt his/her illegitimate child provided the other spouse signified his/her consent thereto; or

c. If the spouses are legally separated.

Qualifications

Filipinos with full civil capacity and legal rights (not suffering from civil interdiction)

Aliens are not qualified UNLESS,:

a. A former Filipino citizen who seeks to adopt a relative by consanguinity;

b. One seeking to adopt the legitimate child of his/her Filipino spouse; and

c. If one is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative by consanguinity of the latter (Art. 184, par. [3]).

Guardians are allowed but only after the termination of guardianship and clearance of financial accountabilities.

Aliens or Filipinos permanently residing abroad, and at least 27 years old Filipinos with full civil capacity and legal rights

Aliens possessing the same qualifications as Filipino nationals; living in the Philippines for 3 continuous years prior to the filing of the petition and maintains such residence until the decree is entered.

Exceptions to the residency requirement and certification of the aliens qualification:

a. A former Filipino citizen who seeks to adopt a relative within the 4th civil degree of consanguinity or affinity;

b. One who seeks to adopt the legitimate child of the Filipino spouse; or

c. 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.

Who may be adopted

1. Only minors may be adopted, except:

a. Child by nature of the adopter or his/her spouse; or

b. Said person had been consistently treated by the adopter as his/her own child during minority.

2. An alien with whose government the RP has diplomatic relations; and

3. An adopted child whose adoption has been revoked or rescinded. Only a legally free child (a child who has been voluntarily or involuntarily committed to the DSWD)

Child means a person below 15 years of age, unless sooner emancipated by law.1. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;

2. The legitimate son/daughter of one spouse by the other spouse;

3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;

5. A child whose adoption has been previously rescinded; or

6. A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).

Whose written consent is required

1. The person to be adopted if 10 years old or over;

2. Parents by nature of child, or legal guardian, or proper government entity;

3. Legitimate and adopted children, 10 years old or over, of the adopter;

4. Illegitimate children, 10 years old or over, of the adopter, if living with the adopter and the latters spouse, if any;

5. Spouse, if any, of the adopter or adopted.The biological or adopted children above 10 years of age, the written consent must be in the form of sworn statement1. The adoptee, if ten (10) years of age or over;

2. The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

4. The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and

5. The spouse, if any, of the person adopting or to be adopted.

Where to file

Family Court (RTC)a. RTC (designated as Family Court) having jurisdiction over the child; or

b. With the Inter-Country Adoption Board, thru an intermediate agency, in the country of the prospective adoptive parentsFamily Court (RTC)

Effects

1. Legitimate child of adopter, both shall acquire the reciprocal obligations arising from the relationship of parent and child including the use of surname of the adopters;

2. Parental authority of parents by nature terminates except if the adopter is the spouse of the biological parent of the adopted then parental authority shall be exercised jointly by both spouses;

3. The adopted shall remain an intestate heir of his parents and other blood relativesAdopting parents agree to uphold the basic rights of the child as embodied under Philippine Laws and the UN Convention on the Rights of the child.1. Parental authority of parents by nature terminates except if the adopter is the spouse of the biological parent of the adopted then parental authority shall be exercised jointly by both spouses;

2. Entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind;

3. 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.

Availability of Rescission

Both the adopter/s or adoptee may rescind Silent on this pointOnly the adoptee may ask for rescission. BUT the adopter may disinherit the adopted for causes provided under Art. 919 of the NCC.

Grounds for Rescission

ADOPTER:

1. Adopted committed any act constituting a ground for disinheriting a descendant; or

2. Adopted has abandoned the house of the adopters during minority for a period of 1 year, or, by some other acts, has definitely repudiated the adoption.

ADOPTEE:

Same grounds for the loss or suspension of parental authority under the FCADOPTEE:

1. Repeated physical and verbal maltreatment by the adopters despite counseling;

2. Attempt in the life of the adopted;

3. Sexual assault or violence; or

4. Abandonment or failure to comply with parental obligations.

Effects of Rescission

1. Parental authority of the parents by nature is restored;

2. Extinguishment of reciprocal rights and obligations between the adopters and the adopted;

3. Loss of right to use the surname of the adopter;

4. Amendment of records in the civil registry.1. Parental authority of the parents by nature is restored;

2. Extinguishment of reciprocal rights and obligations between the adopters and the adopted;

3. Successional rights shall revert to its status prior to the adoption but only as of the date of judgment of rescission, but vested rights acquired shall be respected.

4. Amendment of records in the civil registry.