What is adoption?

A two-step judicial process in conformance to state statutory provisions in which the legal obligations and rights of a child toward the biological parents are terminated and new rights and obligations are created between the child and the adoptive parents.

Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family.

Who may adopt according to the Family Code?

A person of age and in possession of full civil capacity and legal rights may adopt.

What is the general requisite of adoption under the Family Code?

The Adopter must be in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family.

Who may be adopted according to the Family Code?

Only Minors may be adopted.

Is that absolute?

No. There are cases when a person may adopt a person of majority age.

How old must the adopter be in relation to the adoptee?

The adopter must be 16 years older than the adoptee.

Is that absolute?

No. If the adopter is the parent by nature of the adopted or is the spouse of the legitimate parent of the person to be adopted regardless of their age gap.

Who may not adopt according to the Family Code?

1. The guardian with respect to the ward prior to the approval of the final account rendered upon the termination of their guardianship relation.

2. Any person who has been convicted of a crime involving moral torpitude

3. An alien

Is there an exemption?

Yes.

What are these exemptions?

1. A former filipino citizen who seeks to adopt a relative by consanguinity.2. One who seek to adopt the legitimate child of his or her spouse.3. One who is married to a Filipino citizen and seeks to adopt jointly with his

or her spouse a relative by consanguinity of the latter.4. Those allowed by rules on inter-country adoption as may be provided by

law.

Does Philippines have rules on inter-country adoption?

Yes. Inter-country Adoption Act of 1995

What is Inter-country Adoption Act of 1995?

It is an act that established the rules to govern the inter-country adoption of Filipino children and for other purposes.

Aside from the Inter-country Adoption Act, are there any other rules governing Inter-country Adoptions?

Yes. Rules on Adoption. Itr took effect on August 22, 2002.

Who may adopt under the Inter-country Adoption Act?

1. He or she must be an alien or a FIlipino citizen residing abroad. 2. At least 27 years of age and 18 years older than the child to be adopted at the

time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent.

3. Has the capacity to act and assume all rights and responsibility of parental authority under his national laws, and undergone the appropriate counseling from an accredited counselor in his or her country.

4. Agrees to uphold the basic rights of the child as embodied in Philippine Laws, the UN Convention on Human Rights of the CHild, and to abide by the rules and regulation to implement the provisions of this Act.

5. Comes from a country with whom the Philippines has diplomatic relations with and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his or her national law.

6. Possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws

How old must the adopter be under the Inter-country Adoption Act?

1. At least 27 years of age2. At least 16 years older than the child3. Both requirements must exist at the time of application

What dictates the capacity of the adopter to adopt a child under the Inter-country Adoption Act?

His or her national law

Is the adopter required to undergo counseling?

Yes. He or she must undergo counseling from an accredited counselor in his or her country.

From where should the adopter come from or reside?

He or she must come from a country where Philippines has diplomatic relations with and that the adoption is allowed under his or her national law.

Is the adopter required to possess all the qualifications and none of the disqualifications?

Yes.

Where to file application?

1. Regional Trial Courts that have jurisdiction of the child.2. Inter-country Adoption Board3. Intermediate Agencies whether Government or an authorized or accredited

agency in the country of the prospective parents.

Should the application be supported by documents?

Yes

What should support the application?

1. Birth Certificate of the applicant/s2. Marriage Contract, if married, Divorce decree, if applicable3. Written consent of their biological or adoptive children above 10 years of

age, in the form of sworn statement.4. Physical, medical and psychological evaluation by a duly licensed physician

and psychologist

5. Income tax returns or any document showing the financial capability of the applicants

6. Police clearance of the applicants7. Character reference from a local church/minister, applicant's employer and a

member of the immediate community who have known the applicants for at least five years.

8. Recent post-card sized pictures of the applicants and his immediate family.

Whose consent is required for supporting the application?

Biological and adoptive children of the adopters above 10 years of age

In what form is the consent?

Consent must be written and must be in the form of a sworn statement.

What are the evaluations required for supporting the application?

1. Physical2. Medical 3. Psychological

From whom should character reference come from?

1. Local church/minister2. Applicant's Employer 3. Member of the immediate community 4. They must know the applicant for at least five years.

Who maybe adopted under the Inter-country Adoption Act?

Legally free child

What is a legally free child?

A child who has been voluntarily or involuntarily committed to DSWD, in accordance with the Child and Youth Welfare Code.

What are the documents required to be submitted to the Board?

1. Birth Certificate

2. Deed of Voluntary Commitment/ Decree of Abandonment/ Death Certificate of the Parents

3. Psychological Evaluation4. Recent Photo of the Child

What is matching?

Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually sattisfying parent-child relationship.

How is matching done according to the Intercountry adoption Act?

1. It must be satisfactorily shown that the child can be adopted locally. 2. The clearance must be issued by the Board with the copy of the minutes of

the meetings.3. The board shall ready the transmission of travel documents of the child. 4. The adopting parents shall fetch the child in the Philippines.

What are pre-adoptive placement costs?

These are costs incidental to the placement of the child.

What are these costs?

1. The cost of bringing the child from the Philippines to the residence of the applicants abroad including travel expenses to the Philippines.

2. The cost of passport, VISA, medical examination, and psychological evaluation required and other related expenses.

When shall Rules of Court apply under the inter-country adoption Act?

Rules of Court shall apply when adoption is performed by a judicial proceeding.

What are other rules for inter-country adoption?

The Rules of Court on Inter-country Adoption

What is the content of the petition according to the Rules of Court?

The petition must contain:

1. His age and the age of the child to be adopted, showing that he is 27 years of age and at least 16 years older than the child to be adopted at the time of application, unless the petitioner is the parent by nature of the child to be

adopted or the spouse of such parent, in which case the age difference does not apply.

2. If married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a legitimate child of his spouse;

3. He has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country;

4. He has not been convicted of a crime involving moral turpitude

5. He comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his national laws

6. He possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

What are the annexes required to be attached to the petition?

1. Birth certificate of petitioner;2. Marriage contract, if married, and, if applicable, the divorce decree, or

judgment dissolving the marriage;3. Sworn statement of consent of petitioner’s biological or adopted children

above ten (10) years of age;4. Physical, medical and psychological evaluation of the petitioner certified by

a duly licensed physician and psychologist;5. Income tax returns or any authentic document showing the current financial

capability of the petitioner;6. Police clearance of petitioner issued within six (6) months before the filing

of the petitioner;7. Character reference from the local church/minister, the petitioner’s employer

and a member of the immediate community who have known the petitioner for at least five (5) years;

8. Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before the filing of the petition.

In what manner should the husband and wife adopt under the Family Code?

Jointly.

Is there an exemption?

Yes.

What are they?

1. When one spouse seek to adopt his illegitimate child.2. When one spouse seek to adopt the illegitimate child of the other.

Who may not be adopted according to the Family Code?

1. A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, said person has been consistently considered and treated by the adopter as his or her own child during minority.

2. An alien with whose government the Republic of the Philippines has no diplomatic relations

3. A person who has already been adopted unless such adoption has been previously revoked or rescinded.

Is there an exemption?

Yes. If he or she is a child by nature of the adopter or his or her spouse, or prior to the adoption, said person has been consistently considered and treated by the adopter as his or her child during minority, the person of legal age maybe adopted.

Can adoption be revoked or rescinded?

Yes.

What are the grounds of revocation or recission of the adoption?

1. If the adopted has committed any act constituting ground for disinheriting a descendant.

2. When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption.

How many years should the adoptee during minority abandon the home of the adopters for his adoption to be revoked?

At least 1 year

Is a filing a petition required for revoking adoption?

Yes.

What is the name of the petition filed?

Judicial Recission of Adoption

Who may file the petition?

1. The adopters 2. If the adopted is a minor or incapacitated, by any person authorized by Court

or proper government agency acting on his behalf. 3. The adopted person if he is eighteen years of age

When should a proper government act on his behalf in revoking adoption?

When his parents lost their parental authority through termination or suspension.

What is the effect of adoption?

1. For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters.

2. The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be EXERCISED jointly by both spouses.

3. The adopted shall remain an intestate heir of his parents and other blood relatives.

What is the rule on testate or intestate succession of the estate of the adopted?

1. Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;

2. When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters;

3. When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters.

4. When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters;

5. When only the adopters survive, they shall inherit the entire estate; and6. When only collateral blood relatives of the adopted survive, then the

ordinary rules of legal or intestate succession shall apply.

What is the effect of revocation of adoption?

Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.

What if adoption is revoked when the adoptee is a minor or handicapped?

If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both.