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CONFLICTS OF LAW

Report on
MARRIAGE
and
ADOPTION

Submitted by:
Gail F. Navarra
Paul Roderick Ronato
Mishella Cuntapay

Submitted to: Atty. Randy Villaluz




ADOPTION
It is a juridical act, a proceeding in rem, which
creates between two persons a relationship
similar to that which results from legitimate
paternity and filiation.
The relationship established by adoption is
limited solely to the adopter and the adopted
and does not extend to the relatives of the
adopting parents or of the adopted child,
except only as expressly provided for by law.
LOCAL AND FOREIGN ADOPTION
Adoption may be granted in our country or in
a foreign country.
The courts apply local laws in determining
whether they will grant petitions for adoption.
An adoption rendered in a state having
judicial jurisdiction under the rule of 78 will
usually be given the same effect in another
state as is given by the other state to a decree
of adoption rendered by its own courts.
Rule 78 of the Restatement of Laws
Jurisdiction to grant an adoption
A state has power to exercise judicial
jurisdiction to grant an adoption if:
a) it is the state of domicile of either the
adopted child or the adoptive parent, and
b) the adoptive parent and either the adopted
child or the parent having legal custody of
the child are subject to its personal
jurisdiction
Foreign adoption is valid in our
country
The Philippines recognizes the principle that a
foreign adoption, which is valid in the country
where it is rendered, is valid in the country
and will be recognized, except where public
policy or the interests of its inhabitants forbid
its enforcement and demand the substitution
of the lex fori.
Ramirez Mercida v Aglubay
The issue raised is whether or not an adoption in
Madrid, Spain by a Spanish citizen of a Philippine
citizen can be registered with the local civil
registry.
Held: 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 created by its own laws.
Law that determines jurisdiction.
The statute in force at the time of the
commencement of the action determines the
jurisdiction of the court.
Subsequent amendment of the law will not
divest the court of jurisdiction.
As long as the petition is sufficient in form and
substance, the court acquires jurisdiction and
retains it until it fully disposes of the case.
Nature of adoption proceedings
It is in rem. Hence, constructive notice by
publication is sufficient notice to parents of
the person to be adopted where the parents
are unknown.
The court needs to have jurisdiction over the
subject matter, the parties, and the res
(personal status of the person to be adopted
and the adopter).
Ellis v Republic
The court held that if the person adopting is
an alien who is not domiciled in the
Philippines, he cannot adopt because he is a
non resident foreign, over whose personal
status the court cannot acquire jurisdiction.
RA 8043 (inter-country adoption) now allows
aliens and Filipino citizens permanently
residing abroad to adopt Filipino children.
Effects or consequences of adoption
(a) Parental Authority
All legal ties between biological parents and adoptee are severed,
and the same shall be vested on the adopter, except if the biological
parent is the spouse of the adopter.
(b) Legitimacy
The adoptee shall be considered legitimate son/daughter of the
adopter for all intents and purposes, and shall be entitled to all the
rights and obligations provided by law to legitimate children born to
them without discrimination of any kind.
(c) Succession
Adopter and adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation, in legal and intestate
succession. If adoptee and his/her biological parents had left a will,
the law on testamentary succession shall govern.
Laws on adoption; how construed
Philippine laws are the governing laws applied by
local courts to determine whether to grant
adoption.
Main purpose of adoption: promotion of the
welfare of the children. The law should be
construed liberally. Except:
a) Violate the proscription against judicial
legislation
b) Inferences beyond the contemplation of the law
and jurisprudence
(d) Use of surname
An adopted child has the obligation and the
right to use the surname of the adopter. First
name shall remain unless change of name is
included and prayed for in the petition for
adoption has been granted by the court.
(e) Citizenship
Does not confer upon the adoptee the
citizenship of the adopter.
PHILIPPINE LAW ON ADOPTION
Republic act no. 9523, march 12, 2009
(an act requiring certification of the department of social
welfare and development to declare child legally available for
adoption as a pre-requisite for adoption to proceedings,
amending for this purpose certain provisions of ra 8552, ra
8043, and pd 603, and for other purposes)
Republic act no. 8552, February 25,1998
(an act establishing the rules and policies on the domestic
adoption of Filipino children and for other purposes
.
Republic act no. 8043 june 5, 1995 (inter-country adoption
act)
PRESIDENTIAL DECREE 603 ( THE CHILD AND YOUTH
WELFARE CODE)
AMENDED BY Executive order no. 91 (SIGNED BY FORMER
PRESIDENT CORAZON AQUINO ON DECEMBER 17, 1986,
REGARDING NON-RESIDENT ALIENS WHO WERE ALLOWED
TO ADOPT UNDER PD 603)REPEALED BY TITLE VII OF THE
FAMILY CODE
Who may adopt.
THE FAMILY CODE AND NEW RULE ON ADOPTION
ALLOW AN ALIEN TO ADOPT, THUS:
(2) ANY ALIEN POSSESSING THE SAME QUALIFICATIONS As above-stated
for Filipino nationals: provided, that his country has diplomatic relations
with the republic of the Philippines, that he has been living in the
Philippines for at least three (3) continuous years prior to the filing of the
petition for adoption and maintains such residence until the adoption
decree is entered, that he has been certified by his diplomatic or consular
office or any appropriate government agency to have legal capacity to
adopt in his country, and that his government allows the adoptee to enter
his country as his adopted child. Provided, further, that the requirements
on residency and certification of the aliens qualification to adopt in his
country may be waived for the following:

(i) A former Filipino citizen who seeks to adopt a relative
within the fourth (4th) degree of consanguinity or affinity;
or

(ii) One who seeks to adopt the legitimate child of his Filipino
spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt


jointly with his spouse a relative within fourth (4th) degree
of consanguinity or affinity of the Filipino spouse.

3. The guardian with respect to the ward after the termination of
the guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) If one spouse seeks to adopt the legitimate child of one
spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child;
provided, however, that the other spouse has signified his
consent thereto; or
(iii) if the spouse are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the
illegitimate child of the other, joint parental authority shall be
exercised by the spouses.
(sec.4, new rule on adoption)
Who may be adopted
1. any person below eighteen (18) years of age who has been voluntarily
committed to the department under articles 154, 155 and 156 of pd 603 or
judicially decLARED AVAILABLE FOR ADOPTION;
2. THE LEGITIMATE CHILD OF ONE SPOUSE, BY THE OTHER SPOUSE;
3. AND ILLEGITIMATE CHILD , BY A QUALIFIED ADOPTER TO RAISE THE STATUS
OF THE FORMER TO THAT OF LEGITIMACY;
4. A PEROSN OF LEGAL AGE REGARDLESS OF CIVIL STATUS,IF PRIOR TO THE
ADOPTION, SAID PERSON HAS BEEN CONSISTENTLY CONSIDERED AND
TREATED BY THE ADOPTERS AS THEIR OWN CHILD SINCE MINORITY;
5. A CHILD WHOSE ADOPTION HAS BEEN PREVIOUSLY RESCINDED;
6. A CHILD WHOSE BIOLOGICAL OR ADOPTIVE PARENTS HAVE DIED;
PROVIDED, THAT NO PROCEEDINGS SHALL BE INITIATED WITHIN SIX (6)
MONTHS FROM THE TIME OF DEATH OF SAID PERSONS.
7. A CHILD NOT OTHERWISE DISQUALIFIED BY LAW OR OR THESE RULES.
WHO MAY NOT BE ADOPTED
ARTICLE 187. THE FOLLOWING MAY NOT BE
ADOPTED:
1. A PERSON OF LEGal age , unless he or she
is child by nature of the adopter or his or
her spouse, or, prior to the adoption, said
person had been consistently considered
and treated by the adopter a his or her
own child during minority;
2. an alien with whose government the
republic of the Philippines has no
domestic adoption
Petition
Filing
Publication
Case study
Initial hearing
Presentation of evidence
Certificate of finality
Civil registrar-nso
continuous changes, limitations and amendments of
Philippine law on adoption

FOR PROTECTION OF THE WELFARE OF THE


ADOPTEE, AND THE ADOPTERS AS WELL.
MEASURES OF PROTECTION OF THE
ADOPTERS WHO ARE RELATIVES BY
CONSANGUINITY IN FOURTH DEGREE
- END -

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