Adoption - Tables

WHO MAY ADOPT – ADOPTION BY FILIPINO CITIZENS

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

(1) of age

(1) of legal age

(1) of legal age

(2) in full possession of his civil rights

(2) in possession of full civil capacity and legal rights

(2) in possession of full civil capacity and legal rights

(3) in a position to support and care for his children (legitimate or illegitimate) in keeping with the means of the family

(3) in a position to support, educate and care for his/her legitimate and illegitimate children and the child to be adopted in keeping with the means of the family

(3) 16 yrs. older than adoptee

(4) at least 16 yrs. older than adoptee UNLESS adopter is: a. Parent by nature of adoptee OR b. Spouse of legitimate parent of a doptee

(4) at least 16 yrs. older than adoptee UNLESS adopter is: a. Biological parent b. Sibling of adoptee c. Spouse of adoptee's parent (5) good moral character (6) has not been convicted of any crime involving moral turpitude (7) emotionally and psychologically psychologically capable of caring for children (8) has undergone pre-adoption services

WHO MAY ADOPT – ADOPTION BY ALIENS

CIVIL CODE OF THE PHILIPPINES

(1) Resident aliens with whose government the Republic of the Philippines has diplomatic relations

FAMILY CODE OF THE PHILIPPINES

(1) Former Filipino citizen - seeking to adopt a relative by consanguinity (2) Alien with a Filipino spouse - seeking to adopt legitimate child of the latter (3) Alien married to a Filipino citizen - seeking to adopt jointly with spouse a relative by consanguinity of the latter (4) Alien not included in the exceptions may adopt Filipino children in accordance with rules on inter-country adoptions

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552) (1) Same qualifications as with Filipino adopters (2) His/her country has diplomatic relations with the Philippines (3) Has been living in the Philippines for at least (3) continuous years prior to the filing of application for adoption and maintains such residence until adoption decree has been entered (4) Has been certified by diplomatic or consular

office

or

any

appropriate

government agency that he/she has the legal capacity to adopt in his/her country (5) His/her government allows the adoptee to enter said country as his/her adopted child (6) Has submitted necessary clearances and certifications as may be required by the Department (7)Requirements

on

residency

and

certification of alien’s  qualification to adopt

in his/her country MAY BE WAIVED if:

a. Former Filipino citizen - seeking to adopt relative within the th 4  degree of consanguinity or affinity b. Alien with Filipino spouse - seeking to adopt legitimate child of Filipino spouse c. Alien married to Filipino citizen - seeking to adopt jointly with spouse th a relative within the 4  degree of consanguinity or affinity of Filipino spouse

WHO MAY ADOPT – ADOPTION BY HUSBAND AND WIFE

CIVIL CODE OF THE PHILIPPINES

Husband and wife MAY jointly adopt.

FAMILY CODE OF THE PHILIPPINES

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

Husband and wife MUST jointly adopt, EXCEPT: (1) When one spouse seeks to adopt his OWN ILLEGITIMATE CHILD

Husband and wife SHALL jointly adopt, EXCEPT: (1) If one spouse seeks to adopt LEGITIMATE CHILD of the OTHER

(2) When one spouse seeks to adopt LEGITIMATE CHILD of the OTHER

(2) If one spouse seeks to adopt OWN ILLEGITIMATE CHILD -Provided that other spouse has signified CONSENT (3) Spouses are LEGALLY SEPARATED

PARENTAL AUTHORITY : Exercised as if the child were their own by nature

WHEN JOINT PARENTAL AUTHORITY IS EXERCISED: (1) Joint adoption of husband and wife (2) One spouse adopts legitimate child of the other

WHEN JOINT PARENTAL AUTHORITY IS EXERCISED: (1) Joint adoption of husband and wife (2) One spouse adopts illegitimate child of the other

WHO MAY ADOPT – ADOPTION BY GUARDIANS

CIVIL CODE OF THE PHILIPPINES

(1) After the final approval of his accounts

FAMILY CODE OF THE PHILIPPINES

(1) After approval of final accounts rendered upon the termination of their guardianship relation

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552) (1) After termination of guardianship (2) After clearance of his/her financial accountabilities

WHO MAY NOT ADOPT

CIVIL CODE OF THE PHILIPPINES

(1) The guardian, with respect to the ward, before the final approval of his accounts

FAMILY CODE OF THE PHILIPPINES

(1) Guardian with respect to ward - prior to approval of final accounts rendered upon the termination of their guardianship relation

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

(2) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months imprisonment or more. (3) Non-resident aliens

(2) Any person who has been convicted of crime involving moral turpitude (3) Aliens except in certain cases *Aliens not included in exceptions may adopt Filipino children in accordance with rules on intercountry adoptions

(4) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations (5) A married person, without the consent of the other spouse (6) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction

WHO MAY BE ADOPTED

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

(1) Any person, even if of age

(1) MINORS

(2) The natural child, by the natural father or mother

(2) Persons of MAJORITY AGE, when allowed by Title VII of the Family Code a. CHILD BY NATURE of adopter or

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552) (1) Person below 18 yrs. old - has been administratively or judicially declared available for adoption (2) Person of legal age - prior to adoption, has been considered

adopter’s spouse

(3) Other illegitimate children, by the father or mother (4) A step-child, by the step-father or step-mother

b. Prior to adoption, adoptee has been consistently considered and treated by adopter as his/her own child during minority (3) Person whose adoption has been previously revoked or rescinded

and treated by adopter(s) as own child since minority (3) A child whose adoption has been previously rescinded (4) Legitimate child of one spouse by the other spouse (5) Illegitimate child by a qualified adopter - to improve child’s status to that of  legitimacy (6) A child whose biological or adoptive parents as died - Provided , no proceedings shall be initiated within 6 months from the time of death of said parents

WHO MAY NOT BE ADOPTED

CIVIL CODE OF THE PHILIPPINES

(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

FAMILY CODE OF THE PHILIPPINES

(1) Legal age (2) Alien with whose government the Philippines has no diplomatic relations (3) A person who has already been

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

diplomatic relations;

adopted

(3) A person who has already been adopted.

CONSENT NECESSARY FOR ADOPTION DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

(1) The person to be adopted, if fourteen years of age or over

(1) The person to be a dopted, if ten years of age or over

(1) The adoptee, if ten (10) years of age or over

(2) The parents, guardian or person in charge of the person to be adopted

(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality

(2) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child

(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents (4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter's spouse, if any (5) The spouse, if any, of the person adopting or to be adopted

(3) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any (4) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any (5) The spouse, if any, of the person adopting or to be adopted.

EFFECTS OF ADOPTION

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

(1) Adopted person - same rights and (1) Adopted shall be deemed to be a duties as a legitimate child of the adopter legitimate child of the adopters (1) Parental Authority  – All legal ties between the biological parent(s) and Both shall acquire the reciprocal rights the adoptee shall be severed and the (2) Dissolve the authority vested in the and obligations arising from the parents by nature same shall then be vested on the relationship of parent and child, adopter(s) including the right of the adopted to (3) Make the adopted person a legal heir of use the surname of the adopters EXCEPT in cases where the biological the adopter parent is the spouse of the adopter (2) The parental authority of the parents (4) Entitle the adopted person to use the by nature over the adopted shall (2) Legitimacy  –  The adoptee shall be adopter's surname. terminate and be vested in the considered the legitimate son/daughter adopters of the adopter(s) for all intents and (5) The adopter shall not be a legal heir of purposes and as such is entitled to all the adopted person, whose parents by the rights and obligations provided by EXCEPT if adopter is the spouse of the nature shall inherit from him. law to legitimate sons/daughters born parent by nature of the adopted, to them without discrimination of any parental authority over the adopted (6) If the adopter is survived by legitimate kind. To this end, the adoptee is shall be exercised jointly by both parents or ascendants and by an adopted entitled to love, guidance, and support spouses person, the latter shall not have more in keeping with the means of the family. successional rights than an acknowledged (3) The adopted shall remain an intestate natural child. heir of his parents and other blood (3) Succession – In legal and intestate relatives. (7) The adopter may donate property, by succession, the adopter(s) and the an act inter vivos or by will, to the adopted adoptee shall have reciprocal rights of (4) Legal or intestate succession to the person, who shall acquire ownership succession without distinction from estate of the adopted shall be thereof. legitimate filiation. However, if the governed by the following rules: adoptee and his/her biological parent(s) had left a will, the law on (a) Ordinary rules of legal or intestate

succession - legitimate and illegitimate children and descendants and the surviving spouse of the adopted (b) 1/2 - Parents (legitimate or illegitimate) or Legitimate ascendants of Adopted 1/2 - Adopter (c) 1/2 - Surviving spouse or Illegitimate children of the adopted 1/2 - Adopters

testamentary succession shall govern. (4) Benefits – Adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled. Maternity and paternity benefits and other benefits given to biological parents upon birth of a child shall be enjoyed if the adoptee is below 7 yrs. of age as of date child is placed with the adoptive parents thru the Pre-Adoptive Placement Authority issued by the DSWD

(d) 1/3 – Illegit. Child 1/3 – Surviving spouse 1/3 - Adopters (e) Entire estate - only the adopters survive (f) Ordinary rules of legal or intestate succession apply - only collateral blood relatives of the adopted survive

RESCISSION BY ADOPTED

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

(1) 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.

(1) If the adopted is a MINOR or otherwise (1) Upon petition of the adoptee, with the INCAPACITATED, the adoption may be assistance of the Department if a  judicially rescinded upon petition of any MINOR or if OVER EIGHTEEN (18) YEARS person authorized by the court or OF AGE BUT IS INCAPACITATED, as proper government instrumental acting guardian/counsel, the adoption may be on his behalf, on the same grounds rescinded on any of the following prescribed for loss or suspension of grounds committed by the adopter(s): parental authority. (a) repeated physical and verbal (2) If the adopted is AT LEAST EIGHTEEN maltreatment by the adopter(s) despite YEARS OF AGE, he may petition for having undergone counseling  judicial rescission of the adoption on the same grounds prescribed for (b) attempt on the life of the adoptee disinheriting an ascendant. (c) sexual assault or violence; or (d) abandonment and failure to comply with parental obligations.

RESCISSION BY THE ADOPTER

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

(1) If the adopted person has attempted (1) If the adopted has committed any act

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552) (1) Cannot Rescind

against the life of the adopter (2) When the adopted minor has abandoned the home of the adopter for more than three years (3) When by other acts the adopted person has definitely repudiated the adoption.

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.

*** However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

EFFECTS OF RESCISSION

CIVIL CODE OF THE PHILIPPINES

FAMILY CODE OF THE PHILIPPINES

DOMESTIC ADOPTION ACT OF 1998 & IRR (RA 8552)

(1) If the adopted MINOR has not reached (1) Parental authority of the adoptee's the age of majority at the time of the biological parent(s), if known, or the  judicial rescission of the adoption, the legal custody of the Department shall court in the same proceeding shall be restored if the adoptee is still a reinstate the parental authority of the MINOR or INCAPACITATED. parents by nature, unless the latter are disqualified or incapacitated. (2) The reciprocal rights and obligations of the adopter(s) and the adoptee to each In which case the court shall appoint a other shall be extinguished.

guardian over the person and property of the minor. (2) 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.

(3) The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. (4) Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

(3) 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 (5) All the foregoing effects of rescission of use the surnames of the adopters and adoption shall be without prejudice to shall resume his surname prior to the the penalties imposable under the adoption. Penal Code if the criminal acts are properly proven. (4) The court shall accordingly order the amendment of the records in the proper registries