Adoption

Adoption

An act, which establishes a relationship of

paternity and filiation and in so doing, endows
the child with legitimate status.
 Law which determines whether the
relationship of adoption has been
created or not

The childs personal law

If the child does not reside in the country of
his citizenship the personal law of the
adopter will govern, or the personal law of the
adopter and that of the child will be applied
concurrently
Adoptions recognized overseas are
considered valid in the Philippines
 Marcaida v. Anglubat
G.R . No. L-24006, November 25, 1967
Facts: Proceedings for adoption were started before the CFI
of Madrid, Spain by Maria Garnier Garreau, adopting Josefina
Juana de Dios Ramirez Marcaida, a citizen of the Philippines.
Both were residents of Madrid, Spain. The court granted the
application for adoption and gave the necessary judicial
authority, once the judgment becomes final, to execute the
corresponding adoption document. The notarial document of
adoption was executed in Madrid.
The document of adoption was filed in the Office of
the Local Civil Registrar of Manila. The Registrar, however,
refused to register that document upon the ground that under
Philippine law, adoption can only be had through judicial
proceeding. And since the notarial document of adoption is
not a judicial proceeding, it is not entitled to registration.
Issue:
Whether or not the notarial document of adoption is not
entitled to registration
Ruling:
Private international law offers no obstacle to recognition of
foreign adoption. This rests on the principle that the status of
adoption, created by the law of a State having jurisdiction to create it,
will be given the same effect in another state as is given by the latter
state to the status of adoption when created by its own law. It is quite
obvious then that the status of adoption, once created under the
proper foreign law, will be recognized in this country, except where
public policy or the interests of its inhabitants forbid its enforcement
and demand the substitution of the lex fori. At any rate, whatever may
be the effect of adoption, the rights of the State and adoptee and
other persons interested are fully safeguarded by Article 15 of our Civil
Code which, in terms explicit, provides that: "Laws relating to family
rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines even though living
abroad."
An adoption created under the law of a foreign country is
entitled to registration in the corresponding civil register of the
Philippines. It is to be understood, however, that the effects of such
adoption shall be governed by the laws of this country.
 Adoption Laws in the Philippines
RA 8552 Domestic Adoption Act of 1998
RA 8043 Inter-Country Adoption Act of 1995
 Adoption by aliens in the Philippines
Under RA 8552 or the Domestic Adoption Act of 1998, aliens
(who are not even former Filipino citizens) can adopt in our
country, provided:
The have the same qualifications as those required of
Filipino citizens
Their countries have diplomatic relations with our country
They have been living in the Philippines for at least 3 years
prior to the filing of the petition for adoption, and maintain
such residence until the adoption decree is entered
The have been certified by their diplomatic or consular
offices or by any appropriate government agency that they
have the legal capacity to adopt in their own countries and
Their government allows the adopted child to enter their
own country as their adopted child
 Special aliens who can adopt under
RA 8552
A former Filipino citizen who seeks to adopt a
relative within the 4th degree of
consanguinity or affinity
One who seeks to adopt the legitimate son or
daughter of his or her Filipino spouse
One who is married to a Filipino citizen and
seeks to adopt jointly with his or her spouse a
relative within the 4th degree of
consanguinity or affinity of the Filipino spouse
Residency requirement is not present
in RA 8043
The objective of inter-country adoption law is to
allow foreigners to adopt in our jurisdiction,
subject to substantive and procedural
requirements. However, RA 8043 provides that
inter-country adoption should be the last resort
and that domestic adoption is still preferred.
For the purpose of Conflict of Laws
Is adoption allowed in adopting parents
country?
Does the national law of the adopting parent
render the him eligible to adopt?
Is there a diplomatic relation between the
country of adopting parent and the adopted
child?
Is he in compliance with Philippine laws?
 Recognition of adoption locally and
internationally
Application of inter-country adoption
Filing of Petition for Adoption
Issuance of the Decree of Adoption
Recording of the decree to foreign and local
civil registrar