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PRELIMINARY TITLE
CHAPTER 5. ADOPTION
Art. 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)
Art. 335. The following cannot adopt:
(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;
(2) The guardian, with respect to the ward, before the final approval of his accounts;
(3) A married person, without the consent of the other spouse;
(4) Non-resident aliens;
(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;
(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was 6
months' imprisonment or more. (174a)
Art. 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the
child were their own by nature. (n)
Art. 337. Any person, even if of age, may be adopted, provided the adopter is 16 years older. (173a)
Art. 338. The following may be adopted:
(1) The natural child, by the natural father or mother;
(2) Other illegitimate children, by the father or mother;
(3) A step-child, by the step-father or step-mother. (n)
Art. 339. The following cannot be adopted:
(1) A married person, without the written consent of the other spouse;
(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
(3) A person who has already been adopted. (n)
Art. 340. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if 14 years of age or over;
(2) The parents, guardian or person in charge of the person to be adopted. (n)
Art. 341. The adoption shall:
(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:
(2) Dissolve the authority vested in the parents by nature;
(3) Make the adopted person a legal heir of the adopter;
(4) Entitle the adopted person to use the adopter's surname. (n)
Art. 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit
from him. (177a)
Art. 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter
shall not have more successional rights than an acknowledged natural child. (n)
Art. 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall
acquire ownership thereof. (n)
Art. 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in
conflict with this Code. (n)
Art. 346. The adoption shall be recorded in the local civil register. (179a)
Art. 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the
adoption on the same grounds that cause the loss of parental authority. (n)
Art. 348. The adopter may petition the court for revocation of the adoption in any of these cases:
(1) If the adopted person has attempted against the life of the adopter;
(2) When the adopted minor has abandoned the home of the adopter for more than 3 years;
(3) When by other acts the adopted person has definitely repudiated the adoption. (n)
CHAPTER 1. EMANCIPATION
Art. 397. Emancipation takes place:
(1) By the marriage of the minor;
(2) By the attainment of majority;
(3) By the concession of the father or of the mother who exercise parental authority. (314)
Art. 398. Emancipation treated of in No. 3 of the preceding article shall be effected in a public instrument which
shall be recorded in the Civil Register, and unless so recorded, it shall take no effect against third persons.
(316a)
Art. 399. Emancipation by marriage or by voluntary concession shall terminate parental authority over the
child's person. It shall enable the minor to administer his property as though he were of age, but he cannot
borrow money or alienate or encumber real property without the consent of his father or mother, or guardian.
He can sue and be sued in court only with the assistance of his father, mother or guardian. (317a)
Art. 400. In order that emancipation by concession of the father or of the mother may take place, it is required
that the minor be 18 years of age, and that he give his consent thereto. (318)
Art. 401. Emancipation is final or irrevocable. (319a)