What is adoption?

A two-step judicial process in conformance to state statutory provisions in which

the legal obligations and rights of a child toward the biological parents are
terminated and new rights and obligations are created between the child and the
adoptive parents.
Adoption involves the creation of the parent-child relationship between individuals
who are not naturally so related. The adopted child is given the rights, privileges,
and duties of a child and heir by the adoptive family.
Who may adopt according to the Family Code?
A person of age and in possession of full civil capacity and legal rights may adopt.
What is the general requisite of adoption under the Family Code?
The Adopter must be in a position to support and care for his children, legitimate
or illegitimate, in keeping with the means of the family.
Who may be adopted according to the Family Code?
Only Minors may be adopted.
Is that absolute?
No. There are cases when a person may adopt a person of majority age.
How old must the adopter be in relation to the adoptee?
The adopter must be 16 years older than the adoptee.
Is that absolute?
No. If the adopter is the parent by nature of the adopted or is the spouse of the
legitimate parent of the person to be adopted regardless of their age gap.
Who may not adopt according to the Family Code?
1. The guardian with respect to the ward prior to the approval of the final account
rendered upon the termination of their guardianship relation.
2. Any person who has been convicted of a crime involving moral torpitude
3. An alien
Is there an exemption?

Yes.
What are these exemptions?
1. A former filipino citizen who seeks to adopt a relative by consanguinity.
2. One who seek to adopt the legitimate child of his or her spouse.
3. 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.
4. Those allowed by rules on inter-country adoption as may be provided by
law.
Does Philippines have rules on inter-country adoption?
Yes. Inter-country Adoption Act of 1995
What is Inter-country Adoption Act of 1995?
It is an act that established the rules to govern the inter-country adoption of
Filipino children and for other purposes.
Aside from the Inter-country Adoption Act, are there any other rules
governing Inter-country Adoptions?
Yes. Rules on Adoption. Itr took effect on August 22, 2002.
Who may adopt under the Inter-country Adoption Act?
1. He or she must be an alien or a FIlipino citizen residing abroad.
2. At least 27 years of age and 18 years older than the child to be adopted at the
time of application unless the adopter is the parent by nature of the child to
be adopted or the spouse of such parent.
3. Has the capacity to act and assume all rights and responsibility of parental
authority under his national laws, and undergone the appropriate counseling
from an accredited counselor in his or her country.
4. Agrees to uphold the basic rights of the child as embodied in Philippine
Laws, the UN Convention on Human Rights of the CHild, and to abide by
the rules and regulation to implement the provisions of this Act.
5. Comes from a country with whom the Philippines has diplomatic relations
with and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his or her national law.
6. Possesses all the qualifications and none of the disqualifications provided
herein and in other applicable Philippine laws
How old must the adopter be under the Inter-country Adoption Act?

1. At least 27 years of age

2. At least 16 years older than the child
3. Both requirements must exist at the time of application
What dictates the capacity of the adopter to adopt a child under the Intercountry Adoption Act?
His or her national law
Is the adopter required to undergo counseling?
Yes. He or she must undergo counseling from an accredited counselor in his or her
country.
From where should the adopter come from or reside?
He or she must come from a country where Philippines has diplomatic relations
with and that the adoption is allowed under his or her national law.
Is the adopter required to possess all the qualifications and none of the
disqualifications?
Yes.
Where to file application?
1. Regional Trial Courts that have jurisdiction of the child.
2. Inter-country Adoption Board
3. Intermediate Agencies whether Government or an authorized or accredited
agency in the country of the prospective parents.
Should the application be supported by documents?
Yes
What should support the application?
1. Birth Certificate of the applicant/s
2. Marriage Contract, if married, Divorce decree, if applicable
3. Written consent of their biological or adoptive children above 10 years of
age, in the form of sworn statement.
4. Physical, medical and psychological evaluation by a duly licensed physician
and psychologist
5. Income tax returns or any document showing the financial capability of the
applicants

6. Police clearance of the applicants

7. Character reference from a local church/minister, applicant's employer and a
member of the immediate community who have known the applicants for at
least five years.
8. Recent post-card sized pictures of the applicants and his immediate family.
Whose consent is required for supporting the application?
Biological and adoptive children of the adopters above 10 years of age
In what form is the consent?
Consent must be written and must be in the form of a sworn statement.
What are the evaluations required for supporting the application?
1. Physical
2. Medical
3. Psychological
From whom should character reference come from?
1.
2.
3.
4.

Local church/minister
Applicant's Employer
Member of the immediate community
They must know the applicant for at least five years.

Who maybe adopted under the Inter-country Adoption Act?

Legally free child
What is a legally free child?
A child who has been voluntarily or involuntarily committed to DSWD, in
accordance with the Child and Youth Welfare Code.
What are the documents required to be submitted to the Board?
1. Birth Certificate
2. Deed of Voluntary Commitment/ Decree of Abandonment/ Death Certificate
of the Parents
3. Psychological Evaluation
4. Recent Photo of the Child

What is matching?
Matching refers to the judicious pairing of the adoptive child and the applicant to
promote a mutually sattisfying parent-child relationship.
How is matching done according to the Intercountry adoption Act?
1. It must be satisfactorily shown that the child can be adopted locally.
2. The clearance must be issued by the Board with the copy of the minutes of
the meetings.
3. The board shall ready the transmission of travel documents of the child.
4. The adopting parents shall fetch the child in the Philippines.
What are pre-adoptive placement costs?
These are costs incidental to the placement of the child.
What are these costs?
1. The cost of bringing the child from the Philippines to the residence of the
applicants abroad including travel expenses to the Philippines.
2. The cost of passport, VISA, medical examination, and psychological
evaluation required and other related expenses.
When shall Rules of Court apply under the inter-country adoption Act?
Rules of Court shall apply when adoption is performed by a judicial proceeding.
What are other rules for inter-country adoption?
The Rules of Court on Inter-country Adoption
What is the content of the petition according to the Rules of Court?
The petition must contain:
1. His age and the age of the child to be adopted, showing that he is 27 years of
age and at least 16 years older than the child to be adopted at the time of
application, unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age difference does
not apply.
2. If married, the name of the spouse who must be joined as co-petitioner
except when the adoptee is a legitimate child of his spouse;

3. He has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his country;
4. He has not been convicted of a crime involving moral turpitude
5. He comes from a country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and
accredited agency and that adoption of a Filipino child is allowed under his
national laws
6. He possesses all the qualifications and none of the disqualifications provided
in this Rule, in Republic Act No. 8043 and in all other applicable Philippine
laws.
What are the annexes required to be attached to the petition?
1. Birth certificate of petitioner;
2. Marriage contract, if married, and, if applicable, the divorce decree, or
judgment dissolving the marriage;
3. Sworn statement of consent of petitioners biological or adopted children
above ten (10) years of age;
4. Physical, medical and psychological evaluation of the petitioner certified by
a duly licensed physician and psychologist;
5. Income tax returns or any authentic document showing the current financial
capability of the petitioner;
6. Police clearance of petitioner issued within six (6) months before the filing
of the petitioner;
7. Character reference from the local church/minister, the petitioners employer
and a member of the immediate community who have known the petitioner
for at least five (5) years;
8. Full body postcard-size pictures of the petitioner and his immediate family
taken at least six (6) months before the filing of the petition.
In what manner should the husband and wife adopt under the Family Code?
Jointly.
Is there an exemption?
Yes.

What are they?

1. When one spouse seek to adopt his illegitimate child.
2. When one spouse seek to adopt the illegitimate child of the other.
Who may not be adopted according to the Family Code?
1. A person of legal age, unless he or she is a child by nature of the adopter or
his or her spouse, or, prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child during
minority.
2. An alien with whose government the Republic of the Philippines has no
diplomatic relations
3. A person who has already been adopted unless such adoption has been
previously revoked or rescinded.
Is there an exemption?
Yes. If he or she is a child by nature of the adopter or his or her spouse, or prior to
the adoption, said person has been consistently considered and treated by the
adopter as his or her child during minority, the person of legal age maybe adopted.
Can adoption be revoked or rescinded?
Yes.
What are the grounds of revocation or recission of the adoption?
1. If the adopted has committed any act constituting ground for disinheriting a
descendant.
2. When the adopted has abandoned the home of the adopters during minority
for at least one year, or, by some other acts, has definitely repudiated the
adoption.
How many years should the adoptee during minority abandon the home of the
adopters for his adoption to be revoked?
At least 1 year
Is a filing a petition required for revoking adoption?
Yes.

What is the name of the petition filed?

Judicial Recission of Adoption
Who may file the petition?
1. The adopters
2. If the adopted is a minor or incapacitated, by any person authorized by Court
or proper government agency acting on his behalf.
3. The adopted person if he is eighteen years of age
When should a proper government act on his behalf in revoking adoption?
When his parents lost their parental authority through termination or suspension.
What is the effect of adoption?
1. For civil purposes, the adopted shall be deemed to be a legitimate child of
the adopters and both shall acquire the reciprocal rights and obligations
arising from the relationship of parent and child, including the right of the
adopted to use the surname of the adopters.
2. The parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted, parental authority over the
adopted shall be EXERCISED
jointly by both spouses.
3. The adopted shall remain an intestate heir of his parents and other blood
relatives.
What is the rule on testate or intestate succession of the estate of the adopted?
1. Legitimate and illegitimate children and descendants and the surviving
spouse of the adopted shall inherit from the adopted, in accordance with the
ordinary rules of legal or intestate succession;
2. When the parents, legitimate or illegitimate, or the legitimate ascendants of
the adopted concur with the adopter, they shall divide the entire estate, onehalf to be inherited by the parents or ascendants and the other half, by the
adopters;
3. When the surviving spouse or the illegitimate children of the adopted concur
with the adopters, they shall divide the entire estate in equal shares, one-half
to be inherited by the spouse or the illegitimate children of the adopted and
the other half, by the adopters.

4. When the adopters concur with the illegitimate children and the surviving
spouse of the adopted, they shall divide the entire estate in equal shares, onethird to be inherited by the illegitimate children, one-third by the surviving
spouse, and one-third by the adopters;
5. When only the adopters survive, they shall inherit the entire estate; and
6. When only collateral blood relatives of the adopted survive, then the
ordinary rules of legal or intestate succession shall apply.

What is the effect of revocation of adoption?

Judicial rescission of the adoption shall extinguish all reciprocal rights and
obligations between the adopters and the adopted arising from the relationship of
parent and child. The adopted shall likewise lose the right to use the surnames of
the adopters and shall resume his surname prior to the adoption.
What if adoption is revoked when the adoptee is a minor or handicapped?
If the adopted minor has not reached the age of majority at the time of the judicial
rescission of the adoption, the court in the same proceeding shall reinstate the
parental authority of the parents by nature, unless the latter are disqualified or
incapacitated, in which case the court shall appoint a guardian over the person and
property of the minor. If the adopted person is physically or mentally handicapped,
the court shall appoint in the same proceeding a guardian over his person or
property or both.