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UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
1
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UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
Who may be adopted (a) Any person below Legally-free child means a child
eighteen (18) years of age who has been voluntarily or
who has been involuntarily committed to the
administratively or Department, in accordance with the
judicially declared available Child and Youth Welfare Code.
for adoption;
- only a child who is below 15 years
(b) The legitimate old and is voluntarily or
son/daughter of one spouse involuntarily committed to the
by the other spouse; DSWD
(c) An illegitimate
son/daughter by a qualified
adopter to improve his/her
status to that of legitimacy;
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UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
Who may adopt (a) Any Filipino citizen of An alien or a Filipino citizen
legal age, in possession of permanently residing abroad may
full civil capacity and legal file an application for inter-country
rights, of good moral adoption of a Filipino child if he/she:
character, has not been
convicted of any crime a) is at least twenty-seven
involving moral turpitude, (27) years of age and at least
emotionally and sixteen (16) years older than the
psychologically capable of child to be adopted, at the time of
caring for children, at least application unless the adopter is
sixteen (16) years older the parent by nature of the child to
than the adoptee, and who be adopted or the spouse of such
is in a position to support parent:
and care for his/her children (b) if married, his/her spouse
in keeping with the means must jointly file for the adoption;
of the family. The
requirement of sixteen (16) (c) has the capacity to act and
year difference between assume all rights and
the age of the adopter and responsibilities of parental authority
adoptee may be waived under his national laws, and has
when the adopter is the undergone the appropriate
biological parent of the counseling from an accredited
adoptee, or is the spouse of counselor in his/her country;
the adoptee's parent;
Whose consent is necessary (a) The adoptee, if ten (10) Written consent of their biological
years of age or over; or adoptive children above ten (10)
years of age, in the form of sworn
(b) The biological parent(s) statement
of the child, if known, or the
legal guardian, or the
proper government
instrumentality which has
legal custody of the child;
Supervised Trial Custody No petition for adoption The governmental agency or the
shall be finally granted until authorized and accredited agency
the adopter(s) has been in the country of the adoptive
given by the court a parents which filed the application
supervised trial custody for inter-country adoption shall be
period for at least six (6) responsible for the trial custody and
months within which the the care of the child. It shall also
parties are expected to provide family counseling and other
adjust psychologically and related services. The trial custody
emotionally to each other shall be for a period of six (6)
and establish a bonding months from the time of
relationship. During said placement. Only after the lapse of
period, temporary parental the period of trial custody shall a
authority shall be vested in decree of adoption be issued in the
the adopter(s). said country a copy of which shall
be sent to the Board to form part of
The court may motu proprio the records of the child.chan robles
or upon motion of any party virtual law library
reduce the trial period if it
finds the same to be in the During the trial custody, the
best interest of the adopting parent(s) shall submit to
adoptee, stating the the governmental agency or the
reasons for the reduction of authorized and accredited agency,
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UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
Where to file application for RTC having jurisdiction over 1. Philippine Regional Trial Court
adoption the child having jurisdiction over the child,
OR
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UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
Husband and wife shall jointly adopt, except in the Person is a child by nature of the adopter
following cases: Person is a child by nature of the spouse of
(i) if one spouse seeks to adopt the legitimate the adopter
child of one spouse by the other spouse; or Prior to the adoption, said person had been
(ii) if one spouse seeks to adopt his own consistently considered and treated by the
illegitimate child: Provided, however, That the other adopter as his or her own child during
spouse has signified his consent thereto; or minority
(iii) if the spouses are legally separated from 2) An alien whose government the Philippines has
each other. no diplomatic relations
In case husband and wife jointly adopt or one 3) A person who has already been adopted unless
spouse adopts the illegitimate child of the other, such adoption has been previously revoked
joint parental authority shall be exercised by the
spouses.
B. CONSENT NECESSARY FOR ADOPTION
WHO MAY NOT ADOPT:
PERSONS WHOSE WRITTEN CONSENT IS
1) The guardian with respect to the ward prior to REQUIRED FOR ADOPTION:
the approval of the final accounts rendered
upon the termination of their guardianship 1. The adoptee, if ten (10) years of age or
relation over;
2) Any person who has been convicted of a crime 2. The biological parents of the child, if known,
involving moral turpitude or the legal guardian, or the child-placement
3) An alien, except: agency, child-caring agency, or the proper
A former Filipino citizen who seeks to adopt government instrumentality which has legal custody
a relative by consanguinity of the child;
One who seeks to adopt the legitimate child 3. The legitimate and adopted children of the
of his or her Filipino spouse adopter and of the adoptee, if any, who are ten (10)
One who is married to a Filipino citizen and years of age or over;
seeks to adopt jointly with his or her spouse 4. The illegitimate children of the adopter
a relative by consanguinity of the latter living with him who are ten (10) years of age or
Aliens not included in the foregoing over; and
exceptions may adopt Filipino children in 5. The spouse, if any, of the adopter or
accordance with the rules on inter-country adoptee.
adoptions as may be provided by law.
C. EFFECTS OF ADOPTION
GENERAL RULE: Husband and wife must jointly
adopt. 1) For civil purposes, the adopted shall be deemed
to be a legitimate child of the adopters and both
EXCEPTIONS: shall acquire the reciprocal rights and
1. if one spouse seeks to adopt the legitimate child obligations arising from the relationship of
of one spouse by the other spouse; or parent and child, including the right of the
adopted to use the surname of the adopters
2. if one spouse seeks to adopt his own illegitimate 2) The parental authority of the parents by nature
child: Provided, however, That the other spouse has over the adopted shall terminate and be vested
signified his consent thereto; or in the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted,
3. if the spouses are legally separated from each parental authority over the adopted shall be
other. exercised jointly by both spouses
3) The adopted shall remain an intestate heir of his
* In case husband and wife jointly adopt or one parents and other blood relatives
spouse adopts the legitimate child of the other, joint
parental authority shall be exercised by the
spouses. RULES FOR LEGAL OR INTESTATE SUCCESSION
TO THE ESTATE OF THE ADOPTED:
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100% Bar Ops
UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
9
100% Bar Ops
UP College of Law
Civil Law
0917 314 1016 (golda 4c)
upcivillaw2004@yahoo.com
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