1.

Status of Child who is adopted

The adopted child shall be considered a legitimate child of the adopting parents.
The adopting parents, therefore, become legal parents of the adopted child. And
since the adopted child is considered a legitimate child of the adopters, he is
prohibited from marrying the legitimate or another adopted child of the adopting
parents. The prohibition is not because the adopting parents have become his legal
parents, but due to public policy. It is viewed as not morally correct to allow two
people who lived together and were treated and raised as siblings to marry each
other. Take note, however, that the adopted child is allowed by law to marry
an illegitimate child of the adopting parent because the illegitimate child is not
expected to live with the illegitimate father.
In adoption, the legal parents do not cease to be legal parents. They simply lose
their parental authority. The adopted child, therefore, has two sets of legal
parents except that the first set lost their parental authority over him. Hence, the
adopted child is a legal heir of both sets of legal parents, and both sets of legal
parents, under the Family Code, are legal heirs of the adopted child. This was not
the case under the New Civil Code, where the adopting parents were not legal heirs
of the adopted child.
The adopted child remains a relative of the family of his legal parents. For
this reason, the adopted child cannot marry his sibling and first cousins by his legal
parents.
In our illustrative case, the biological father is still considered a stranger to
the adopted child. This is why the adopted child in our illustration is not prohibited
from marrying his half-blood sibling by his biological father.
Conclusion
We recognize the need to update Philippine law on paternity and filiation to
cope with the times.
We believe that a review of the changes and reforms
introduced by Spain to its laws is in order if only to find out if those changes are
applicable or suitable to the Philippines. For this purpose, we will need an English
translation of the Spanish law and other relevant materials. We shall also need the
translation of the pertinent jurisprudence on the subject. We are sure the Philippines
will benefit from the wisdom and experience of Spain on this important aspect of
family law.

2. Rule on Adoption
Section 2. Objectives. (a) The best interests of the child shall be the
paramount consideration in all matters relating to his care, custody and
adoption, in accordance with Philippine laws, the United Nations (UN)
Convention on the Rights of the Child, UN Declaration on Social and Legal
Principles Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and Internationally,

and the Hague Convention on the Protection of Children and Cooperation in

Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through
foster care or adoption for every child who is a foundling, neglected,
orphaned, or abandoned. To this end, the State shall:
(i) Ensure that every child remains under the care and custody of his parents
and is provided with love, care, understanding and security for the full and
harmonious development of his personality. Only when such efforts
prove insufficient and no appropriate placement or adoption within the childs
extended family is available shall adoption by an unrelated person be
considered.
ARTICLE IV PROCEDURE (RA 8522)
Section 11. Case Study. No petition for adoption shall be set for hearing
unless a licensed social worker of the Department, the social service office of
the local government unit, or any child-placing or child-caring agency has
made a case study of the adoptee, his/her biological parent(s), as well as
the adopter(s), and has submitted the report and recommendations on the
matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social
worker shall confirm with the Civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was not registered with the
Civil Registry, it shall be the responsibility of the concerned social worker to
ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available
for adoption and that the documents to support this fact are valid and
authentic. Further, the case study of the adopter(s) shall ascertain his/her
genuine intentions and that the adoption is in the best interest of the child.
My own NOTES: (Therefore, it is necessarily true that if such study finds that
the potential adopter does not possess the personality and characteristics to
adopt, and that if the study finds that such potential adoption might be
detrimental to the physical, emotional health and well-being of the adopted,
then such Adopter will not be allowed to adopt.)
The Department shall intervene on behalf of the adoptee if it finds, after the
conduct of the case studies, that the petition should be denied. The case
studies and other relevant documents and records pertaining to the adoptee
and the adoption shall be preserved by the Department.
3. Effects on Adoption (ARTICLE V of RA 8522)
Section 16. Parental Authority. Except in cases where the biological
parent is the spouse of the adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and the same shall then be
vested on the adopter(s).

Section 17. Legitimacy. The adoptee shall be considered the legitimate

son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate
sons/daughters born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in keeping with the
means of the family.
Section 18. Succession. In legal and intestate succession, the adopter(s)
and the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession shall govern.
4. SURNAME (of illegitimate children)
As to the surname of illegitimate children, the surname of the mother shall be
used (Mossesgeld v. Court of Appeals, G.R. No. 111455, December 23, 1998;
Republic v. Abadilla, G.R.
No. 133054, January 28, 1999). However, illegitimate children may use the
surname of their father if their fi liation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an
admission in a public document or private handwritten instrument is made by
the father. Nevertheless, the father has the right to institute an action before
the regular courts to prove non-fi liation during his lifetime.
5. Bigamous marriages as VOID
Art 35(4) of FC subsequent marriage of a spouse to another while the
present marriage is subsisting is void ab initio.