NOTES Domestic Adoption

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Domestic Adoption

1. Define adoption.

Adoption is defined as a socio-legal process of providing a permanent family to

a child whose parents have voluntarily or involuntarily relinquished parental

authority over the child.

It is also defined as the process of making a child, whether related or not to the

adopter, possess in general, the rights accorded to a legitimate child. 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. (Prasnick v. Republic, 98 Phil. 665)

The purpose of adoption is to establish a relationship of paternity and filiationwhere none existed before. (In the matters of the adoption of minor Magpayo v.

Republic, G.R. No. L-5387, 27 April, 1954)

2. What is the main purpose in adoption cases?

Adoption is for children who cannot be reared by their biological parents and

who need and can benefit from new and permanent family ties. Adoption

provides the same mutual rights and obligations that exist between children

and their biological parents. Children whose parents are either absent or

unable to function as parents require the protection of the State.

The child’s welfare is of paramount consideration. In all controversies regarding

the custody of minor, the foremost consideration is the moral, physical and social

welfare of the child concerned, taking into account the resources and moral as

well as social standing of the contending parents. Never has the Supreme Court

deviated from that criterion. (Cervantes vs. Fajardo, G. R. No. 79955, January

27, 1989)

3. What is “domestic adoption”?

Domestic adoption is the placing of a child within the same country as the

child’s birth.

4. What are the kinds of adoptions in the Philippines?

There are three kinds of adoption in the Philippines:

a) Agency Adoptions – Those adoptions in which a licensed adoption agency

finds and develops adoptive families for children who are voluntarily or

involuntarily committed. The adoptive families go through the process fromapplication to finalization of the child’s adoption under the auspices of the

Department of Social Welfare and Development (DSWD) or a licensed child-

placing agency. Through this type of adoption, the legal rights of the child, the

parents who gave birth to the child and the parents who will adopt the child,

are all equally protected.



b) Family or relative adoptions – Those adoptions where the biological

parents make a direct placement of the child to a relative or a member of their

extended family with whom they relinquish their child.

c) Private or independent adoptions – These adoptions could either be a

direct placement to a family known by the child’s biological parents or through

the use of an intermediary or a go-between. In an intermediary placement, an

individual knows of parents who want to have their child adopted and arranges

such placement to a family or someone who wants to adopt.

5. Who may adopt?

The following persons may adopt:

(a) Any Filipino citizen with the following qualifications:

1.

i. Be of legal age;

2.

ii. In possession of full civil capacity and legal rights;

3.

iii. Of good moral character;

4.

iv. Has not been convicted of any crime involving moral turpitude;

5.

v. Emotionally and psychologically capable of caring for children;6.

vi. At least sixteen (16) years older than the adoptee, and who is in a

position to support and care for his/her children in keeping with the

means of the family.

(b) Any alien possessing the same qualifications as above stated for Filipino

nationals:Provided, That

i. his/her country has diplomatic relations with the Republic of the

Philippines,ii. that he/she has been living in the Philippines for at least three (3)

continuous years prior to the filing of the application for adoption and

maintains such residence until the adoption decree is entered

iii. that he/she 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

iv. that his/her government allows the adoptee to enter his/her country

as his/her adopted son/daughter:

Provided, Further, That the requirements on residency and certification of the

alien's qualification to adopt in his/her country may be waived for the

following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth

(4th) degree of consanguinity or affinity; or



(ii) one who seeks to adopt the legitimate son/daughter of his/her

Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly

with his/her spouse a relative within the fourth (4th) degree of consanguinity

or affinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the termination of the

guardianship and clearance of his/her financial accountabilities.

6. Are spouses allowed to adopt by themselves?

No. Spouses are supposed to adopt jointly the child. Husband and wife shall

jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:

Provided, However, that the other spouse has signified his/her consent thereto;

or

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

In case husband and wife jointly adopt, or one spouse adopts the illegitimateson/daughter of the other, joint parental authority shall be exercised by the

spouses.

7. Who may be adopted?

The following may be adopted:

(a) Any person below eighteen (18) years of age who has been administratively

or judicially declared available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;

(c) An illegitimate son/daughter by a qualified adopter to improve his/her

status to that of legitimacy;

(d) 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;

(e) A child whose adoption has been previously rescinded;

(f) A child whose biological or adoptive parent(s) has died:Provided, that noproceedings shall be initiated within six (6) months from the time of death of

said parent(s).

8. What are the components of adoption?

The following are the components of adoption:



a) Recruitment of potential adoptive families who may provide a home to a

child;

b) Development of adoptive applicants as parents to a particular child in

need of a home;

c) Selection of a family who can best contribute to the total development of a

particular child;

d) Preparation of the child and family prior to placement to insure

acceptance and readiness for the new relationship;

e) Supervision of trial custody for at least six months to facilitate the child’s

adjustment in the family prior to the completion of the adoption;

f) Preparation for the removal of the child from the adoptive home is theplacement disrupts while alternative plans are being worked out;

g) Finalization of adoption and termination of service with issuance of the

final decree of adoption and amended birth certificate;

h) Organization of groups of adoptive parents as part of support system; and

i) Post-legal adoption counseling when the adoptive family and adoptee

need further counseling related to information about adoptee’s background and

search for his/her biological parents.

9. Whose consent is necessary to the adoption?

The written consent of the following to the adoption is required:

a) The adoptee, if ten (10) years of age or over;

b) 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;

c) The legitimate and adopted sons/daughters, ten (10) years of age or over,

of the adopter(s) and adoptee, if any;

d) 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

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

10. What is the consent of the biological parents needed?

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. (Re Adoption of Cannon, 243 Iowa828, 53 N.W.2d 877)

The written consent of the biological parents is indispensable for the validity of a

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





14. What are the effects of adoption?

Adoption has the following effects:

a) Severe all legal ties between the biological parent(s) and the adoptee,

except when the biological parent is the spouse of the adopter;

b) Deem the adoptee as a legitimate child of the adopter;

c) Give adopter and adoptee reciprocal rights and obligations arising from

the relationship of parent and child, including but not limited to:

1. The right of the adopter to choose the name the child is to be known

2. The right of the adopter and adoptee to be legal and compulsory heirs of

each other.

15. What are the things that must be considered in the proceedings for

petition for adoption?

1. In all proceedings for adoption, the court shall require proof that the

biological parent(s) has been properly counseled to prevent him/her from

making hurried decisions caused by strain or anxiety to give up the child,

and to sustain that all measures to strengthen the family have beenexhausted and that any prolonged stay of the child in his/her own home

will be inimical to his/her welfare and interest.

2. No petition for adoption shall be set for hearing unless a licensed social

worker of the Department, the social service office of the local government

unit, or any child-placing or child-caring agency has made a case study of

the adoptee, his/her biological parent(s), as well as the adopter(s), and

has submitted the report and recommendations on the matter to the

court hearing such petition.

3. At the time of preparation of the adoptee's case study, the concerned

social worker shall confirm 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

concerned social worker to ensure that the adoptee is registered.

4. The case study on the adoptee shall establish that he/she is legally

available for adoption and that the documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall

ascertain his/her genuine intentions and that the adoption is in the best

interest of the child.



5. The Department shall intervene on behalf of the adoptee if it finds, after

the conduct of the case studies, that the petition should be denied. The

case studies and other relevant documents and records pertaining to the

adoptee and the adoption shall be preserved by the Department.

16. Can the adopters have the adoption rescinded?

No, the adoption cannot be rescinded by the adopter(s) even if there is a

meritorious ground. The most that the adopters can do is to disinherit the

adoptee. (Section 19 of the Republic Act No. 8552)

17. Can the adoptee have the adoption rescinded?

Yes, the adoptee can have the adoption rescinded but only for the following

grounds:

1. repeated physical and verbal maltreatment by the adopter(s) despite

having undergone counseling;

2. attempt on the life of the adoptee by adopter(s);

3. sexual assault or violence against adoptee by adopter(s); or

4. abandonment and failure to comply with parental obligations by

adopters. (Section 19 of the Republic Act No. 8552)

18. Who will represent the minor or incapacitated adoptee if he/she desires to

rescind the adoption?

The Department of Social Welfare and Development shall act as the

guardian/counsel of the adoptee during the proceedings. (Section 19 of theRepublic Act No. 8552)

19. What if the child I wish my husband and I wish to adopt is already 18

years of age, can I still adopt her?

Emancipation may terminate parental authority, but the adoptee is still

considered a legitimate child of the adopter with all the rights of a legitimate

child such as:

a) To bear the surname of the father and the mother;

b) To receive support from their parents;

c) And to be entitled to legitime and other successional rights.

(In Re: Petition for Adoption of Michelle P. Lim, Monina P. Lim, G.R. Nos.

168992-93, 21 May 2009)

20. I am married but I wish to adopt to adopt my late sister’s child as my own.

Can I adopt him by myself, considering my husband refuses to adopt him?

No. The law states that the husband and wife shall jointly adopt a child, with a

few exceptions.

The use of the word "shall" in the above-quoted provision means that joint

adoption by the husband and the wife is mandatory. This is in consonance with

the concept of joint parental authority over the child which is the ideal situation.

As the child to be adopted is elevated to the level of a legitimate child, it is but



natural to require the spouses to adopt jointly. The rule also insures harmony

between the spouses.(Republic v. Toledano, G.R. No. 94147, 8 June 1994, 233

SCRA 9)

The law is clear. There is no room for ambiguity. Petitioner, having remarried at

the time the petitions for adoption were filed, must jointly adopt. Since the

petitions for adoption were filed only by petitioner herself, without joining her

husband, Olario, the trial court was correct in denying the petitions for adoption

on this ground. (In Re: Petition for Adoption of Michelle P. Lim, Monina P. Lim,

G.R. Nos. 168992-93, 21 May 2009)

21. I am an American who wish to adopt the legitimate daughter of my wife,

am I required to stay here for three (3) years before my wife and I file for

adoption?

No, the requirements on residency may be waived if the potential adoptee is the

legitimate daughter of your Filipino spouse. (Section 7 of the Republic Act No.

8552)

22. I was a former Filipino Citizen; do I need to comply with the three (3) year

residency requirement?

No, a former Filipino citizen who seeks to adopt a relative within the fourth

(4th) degree of consanguinity or affinity need not comply with the three (3) year

residency requirement. (Section 7 of the Republic Act No. 8552)

23. I am an illegitimate child who has been living with my biological father and

his wife since birth. Can I still be adopted by my biological father despite the

fact that I am already 25 years old?

Yes, a person of legal age can be adopted provided said person has been

consistently considered and treated by the adopters as their own child since

minority. (Section 8 of the Republic Act No. 8552)

24. I wish to adopt a child, unfortunately, his parents cannot be located. Do I

still have to locate them and get their consent before the adoption case canproceed?

The consent of the biological parent(s) of the child is only needed if their

location is known.(Section 9 of the Republic Act No. 8552)

25. The seven (7) year old who I wish to adopt hates the idea of being adopted.

Will I still be allowed to adopt the child?

Yes, the consent of the adoptee will only be taken into consideration if she is

ten (10) years old or older. (Section 9 of the Republic Act No. 8552)

26. My wife and I want to adopt a baby but our legitimate children oppose the

idea, will the adoption case prosper despite my children’s opposition?

The case will not prosper if the legitimate children are aged ten (10) years old or

older. Note that the consent of all the legitimate children aged ten (10) or older



are necessary for the adoption case to prosper. (Section 9 of the Republic Act

No. 8552)

27. My illegitimate child opposes my plan to adopt another child. Will the

adoption case prosper?

Yes, the adoption would prosper if the illegitimate child is not living with the

adopter and only if the illegitimate child is aged then (10) years old or

older. (Section 9 of the Republic Act No. 8552)

28. I am an illegitimate child. My biological father wants to adopt me but my

wife is against the idea. Will the adoption prosper?

No, the consent of the wife of the adopter or the potential adoptee is necessary

for the adoption case to prosper. (Section 9 of the Republic Act No. 8552)

29. I was successfully adopted by my biological mother and her new husband.

Will the legal tie between me and my mother be severed?

No, if the biological parent is the spouse of the adopter, the legal tie which

binds you to your biological parent is not severed. (Section 16 of the Republic

Act No. 8552)

30. What is my status after I have been successfully adopted?

You will be considered as the legitimate son/daughter of the adopter(s) and are

entitled to all the rights and obligations provided by law to legitimate offspring

of your adopters without discrimination of any kind. (Section 17 of the Republic

Act No. 8552)

Hence, you can succeed to the property of the adopting parents in the same

manner as a legitimate child. (Article 979 of the New Civil Code of the

Philippines)

31. My biological mother left a property to me in her will. Can I inherit the

same even though I was already adopted by another couple?

Yes, adoption is of no moment in cases of testamentary succession. If your

biological parent left a property to you pursuant to a will, the law on

testamentary succession shall govern. (Section 18 of the Republic Act No.

8552)

Documents

NOTES Domestic Adoption