ADOPTION

*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA
8552(Domestic Adoption Act) and

ADOPTION A juridical act which creates between two persons a relationship similar to that which results from
legitimate paternity and filiation.

ADOPTION vs. LEGITIMATION:

Similarities: both given status of a child born in lawful wedlock of the parents adopting or legitimizing it.
Differences:
LEGITIMATION ADOPTION
Persons Only natural children Generally applies to strangers
affected
Procedure Extrajudicial acts of parents Always by judicial decree
Who applies Only by both parents By one parent alone
Effect Same status and rights as a Creates a rel. only between the
legitimated child not only in rel. child and the adopting parent
to the legitimizing parents but
also to other relatives

ADOPTION ONLY BY JUDICIAL DECREE:

o It is a juridical act, a proceeding in rem
o Only an adoption made through the court or in pursuance with procedure laid down under Rule 99
of the Rules of Court is valid in this jurisdiction. Cannot be granted administratively.
o A mere agreement between adopter and parents is not a valid adoption, nor the mere fat that child
has lived with the alleged adopter who has treated him like his own child sufficient to establish a valid adoption.
o Fact of adoption is not presumed but must be affirmatively proved by the person claiming its
existence (through the juridical decree).

A. WHO MAY ADOPT

*Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they are
adopting their own illegitimate children in order to elevate their status, the reason being that, the old concept of
adoption considered it mainly for the benefit of persons who have not been blessed with children or who have lost
them.

(NOTE: texts in bold indicate provisions which are changed by RA 8552)

FAMILY CODE RA 8522
Art. 183 Sec. 7
1. person of age (18) a) Any Filipino citizen:
2. in possession of fully civil capacity & o of legal age
legal rights o in possession of full civil
3. in a position to support & care for his capacity & legal rights
kids in keeping w/means of the o of good moral character*
family o not been convicted of any
4. at least 16yrs older than person to be crime involving moral turpitude
adopted unless the adopter is the o emotionally & psychologically
parent by nature or sp of legitimate capable of caring for children*
parent of person to be adopted o in a position to support & care
5. spouses jointly/married person for his/her kids in keeping w/means
w/consent of sp except: of the family
a. when 1 seeks to adopt o at least 16 yrs older than
his own illegit child
adoptee and who is in a position to
b. when 1 sp seeks to
support and care for his/her children
adopt the legit child of other
in keeping with the means of the

Jierah R. Manahan, RN
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Bulacan State University-College
 6. not disqualified under FC 184
 Full civil rights
– must have no
curtailment of civil rights so that he could
fully exercise parental authority
– must not be
suffering from limitations on capacity to
act such as minority, insanity or imbecility,
deaf-mutism, prodigality, and civil
interdiction.
 No prohibition for relatives to adopt one
another, except in cases enumerated
 Permits the adoption of illegitimate
children by their own parents because if the
latter want to make amends, they should be
encouraged. It shall raise the child to a
legitimate status.
Art. 184. The following persons may not
adopt:
(1) The guardian with respect to the ward
prior to the approval of the final accounts
rendered upon the termination of their
guardianship relation;
(2) Any person who has been convicted of a
crime involving moral turpitude;
(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
adoptions as may be provided by law. (28a,
E. O. 91 and PD 603)
 Aliens –
 stricter in adoption by aliens compared to
PD 603 because children adopted by
aliens suffered cultural and psychological
shock and could not adjust to their new
lives in the foreign countries
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Bulacan State University-College
family. 16 years difference may be
waived when adopter is biological
parent or is the sp of the adoptee’s
parent
b) Any alien possessing the same
qualification as above stated for Filipino
nationals, provided that:
1. his country has diplomatic
relations w/ RP
2. living in the Phil for at least
3yrs prior to filing until decree’s
entered
3. certified by his
diplomatic/consular office or any
appropriate agency that he has leg
capacity to adopt in his country
4. his gov’t allows adoptee to
enter his country as his adopted child
5. conditions may be waived for
ff:
a. former Filipino
citizen seeks to adopt relative
w/in 4th degree of
consanguinity/affinity*
b. one who seeks to
adopt legitimate child of
his/her Filipino sp*
c) guardian with respect to the ward after
termination of guardianship & clearance of
his financial accountabilities
Husband &Wife shall jointly adapt except in
the ff cases:
a. if 1 sp seeks to adopt legit
child of other
b. if 1 sp seeks to adopt his own
illegitimate child w/consent of other
spouses
c. spouses are legally separated*
In case husband and wife jointly adopt, or
one spouse adopts the illegitimate
son/daughter of the other, joint parental
authority shall be exercised by the spouses.
 The adopted or adopter may be single or
married, but if married, the consent to the
adoption of his or her spouse is needed.
 Age difference of 16 years
- to give assurance that adopter has the
sufficient maturity to fill the role of a parent
to the adopted child. Also, to approximate
natural filiation as much as possible.
 No conviction of crime involving moral
turpitude
– adopter should be
morally qualified to do so. Conviction is
  Some pedophiles simply abandoned the
children after they had satisfied their
sexual desires on them in their foreign
homes
 Alleged cases where children were killed for
organ transplants in the foreign countries.
 By restricting, there is some assurance that
adopted children will receive love, care
and protection
Art. 185
 H & W must jointly adopt except:
a. when 1 sp seeks to adopt his
own illegit child
b. when 1 sp seeks to adopt legit
child of the other
Art. 186
 in case sps jointly adopt or 1 sp
adopts legit child of other, joint parental
authority shall be exercised in
accordance w/FC
 Husband and wife may jointly adopt a
child. However, it is not obligatory. One spouse
can adopt alone, but the consent of the other is
required.
 If they adopt jointly, they shall have joint
parental authority over the adopted child.
 Reason: to prevent dissension between
spouses.
 TOLENTINO: Legal separation
terminates the common life between spouses
and the reason for requiring the consent of
one spouse for the adoption made by the other
no longer exists
B. WHO MAY BE ADOPTED:
FAMILY CODE
Art. 187. The following may not be adopted:
(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; and
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Bulacan State University-College
necessary because of the presumption of
innocence. Pardon does not remove
disqualification.
 Emotionally and psychologically capable
and in a position to support family in keeping
with the means
– parent assumes all
duties and responsibilities of rearing, caring,
educating, supporting and molding the
character of child for the development of his
character and well-being. A person who is
rich but too old or too week should not be
allowed.
 Aliens
- Liberalized the restrictions on adoption by
aliens imposed by the Family Code.
- Aliens may now adopt subject to the
conditions/provided that qualifications are
satisfied.
 Adoption by H & W
- “one spouse adopts the illegitimate child of
the other” - in this case, only one is the
adopter, although with the consent of the
other spouse.
- If spouses are legally separated, no need for
joint adoption and the consent of the other
is not necessary.
 Guardians
- may adopt both under FC and RA 8522
provided that guardianship is terminated
and he has been cleared of his financial
accountabilities.
- Reason: to prevent guardian who has
misused or misappropriated the funds or
properties of his ward to resort to adopting
his ward to avoid an accounting of such
funds or properties and possible criminal
action.
RA 8522
SECTION 8. 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;
(3) A person who has already been adopted
unless such adoption has been previously
revoked or rescinded. (30a, E. O. 91 and PD
603)
 Plurality of Adoption – A person cannot
have two adopting fathers/mothers. But the
adoption of a child by a married man will not
bar a subsequent adoption of the same child by
the wife of the adopting parent (jointly
adopted). Upon the death, or when adoption
was rescinded or revoked, only then can the
child be adopted again by another.
 Adoption of an adult is not allowed:
- he is old enough to take care of himself and
does not have to depend on anyone else to do
so. If the reason is to share material
advantages with the adopted, he can do so by
simply giving the latter financial assistance
and leaving him something in his will.
- The rationale of adoption is to give poor,
orphaned, abandoned children the
advantages and blessings of having parents
who would love, support, protect, rear and
educate them until old enough
 Enumerated who MAY NOT be adopted
instead of MAY BE adopted.
(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; or
 
(f) 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).“administratively or judicially declared
available for adoption”
- voluntarily or involuntarily committed to
the Department or to a duly licensed and
accredited child-placing or child-caring agency,
freed of the parental authority of his/her
biological parent(s) or guardian or adopter(s)
in case of rescission of adoption.
- "Voluntarily committed child" is one whose
parent(s) knowingly and willingly relinquishes
parental authority to the Department.
- "Involuntarily committed child" is one
whose parent(s), known or unknown, has been
permanently and judicially deprived of
parental authority due to abandonment;
substantial, continuous, or repeated neglect;
abuse; or incompetence to discharge parental
responsibilities.

C. PRE-ADOPTION

PRE-ADOPTION – counseling services for the biological parents of adoptee, prospective adoptive parents, and
prospective adoptee.

Section 4 under Art. 111 of Rules and Regulation to implement RA 8552:

1. Biological Parent(s) 
a. Biological Parents shall be counseled regarding their options: 
i. to keep the child and avail of services and assistance;
ii. avail of temporary child care arrangements such as foster care; or
iii. relinquish the child for adoption
b. Topics to focus on: 
i. the loss of parental rights over the child and as a rule, not having further contact
with the child;
ii. the importance of providing relevant information on the child, their own medical
history and family background;
iii. the possibility that the child may be placed for adoption within the Philippines or
in a foreign country;
iv. the possibility that in the future, there may be communication with the child at
their or the child’s initiative.

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Bulacan State University-College
 v. the right to reconsider his/her decision to relinquish his/her child within six (6)
months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the
Department.
c. Continuing services shall be provided after relinquishment to cope with feelings of loss, etc. and other
services for his/her reintegration to the community. 
d. The biological parent(s) who decided to keep the child shall be provided with adequate services and
assistance to fulfill parental responsibilities.
  
2. Prospective Adoptive Parent(s) 
a. Biological Parents shall be counseled regarding their options: 
i. to disseminate basic information about adoption including the adoption process
and procedures and the effects of adoption.
ii. to inform them of the general background of children in need of adoptive homes
including children with special needs;
iii. to develop among prospective adoptive parents a respect for the child’s biological
origin and an awareness of the importance of telling the child that he/she is adopted.
iv. To provide a support group for adoptive parents which shall give them a venue
for sharing their adoption experiences.
 
b. A certificate shall be issued by the Department to the prospective adoptive parents attesting that they have
undergone pre-adoption services. The certificate shall be made a pre-requisite of the homestudy.
 
3. Prospective Adoptee 
a. A prospective adoptee shall be provided with counseling and other support services
appropriate to his/her age and maturity, and in a manner and language that the child comprehends,
especially to enable him/her to understand why he/she has been relinquished for adoption.
In the case of a prospective adoptee whose consent to his/her own adoption is necessary, the social
worker/counselor shall consider the child’s wishes and opinions, ensure that his/her consent is voluntary and duly
inform him/her of the effects of such consent.

Jierah R. Manahan, RN
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Bulacan State University-College