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ADOPTION

- is a juridical act, a proceeding in rem, which creates between the two person a
relationship similar to that which results from legitimate paternity or filiation

WHO MAY ADOPT (RA 8552)


1. Any Filipino citizen
a. of legal age
b. in possession of full capacity and legal rights
c. of good moral character
d. has not been convicted of any crime involving moral turpitude
e. emotionally and psychologically capable of caring for children
f. at least 16 years older than the adoptee. May be waived when the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent
g. in a position to support the care for his/her children in keeping with the means of
the family

2. Any aliens possessing the same qualifications as above stated, provided:


a. that his/her country has diplomatic relations with the phil
b. that he/she has been living in the phil for at least 3 continuous years prior to the
filing of the application for adoption and maintains such residence until the
adoption decree is entered
c. that he/she has been certified by his/her diplomatic or consular office that he/she
has legal capacity to adopt
d. that his/her govt allows the adoptee to enter his country as his/her adopted
son/daughter
e. the requirements on residence on residence may be waived for the ff
- a former fil citizen who seeks to adopt a relative within the 4th degree of
consanguinity or affinity
- one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse
- one who is married to a Fil citizen and seeks to adopt jointly with his/her spouse a
relative within the 4th degree of consanguinity or affinity of the fil souse

3. the guardian with respect to the ward after the termination of the guardianship
and clearance of his/her financial accountabilities
the husband and wife shall jointly adopt, except the ff
- if one spouse seeks to adopt the legitimate son/daughter of the other
- if one spouse seeks to adopt his/her own legitimate son/daughter provided, that
the other spouse signified his/her consent thereto
- if the souses are legally separated from each other

WHO MAY BE ADOPTED


1. Any person below 18 who has been administratively or judicially declared
available for adoption
2. the legitimate child of one spouse by the other spouse
3. any illegitimate child by a qualified adopter to improve his/her status to that of
legitimacy
4. a person of legal age if, prior to adoption, said person has been consistently
considered and treated by the adopters as his or her own child since minority
5. a child whose adoption has been previously rescinded
6. a child whose biological or adoptive parent had died

WHOSE CONSENT IS NEEDED


1. the adoptee, if 10 years or over
2. the biological parents of the child if known, or the legal guardian, or the proper
govt instrumentality which has legal custody of the child
3. the legitimate and adopted sons and daughters, 10 yrs of age or over, of the
adopters and adoptee if any
4. the illegitimate sons/daughters, 10 years of age or over, of the adopter if living
with said adopter and latter’s spouse, if any
5. the spouse, if any, of the person adopting or to be adopted

GROUNDS FOR RESCISSION OF ADOPTION


1. repeated physical and verbal maltreatment by the adopters despite having
undergone counseling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with parental obligations

adoption, being in the best interest of the child, shall not be subject to rescission by the
adopters. However, the adopters may disinherit the adoptee for causes provided in art 919
of the NCC