Persons & Family Relations (9.29.2007)

MARRIAGE

MARRIAGE I. ESSENTIAL Requisites (A2) 1. Legal capacity (A5) 2. Consent

II. FORMAL Requisites (A3) 1. Authority of S.O. [A7;10;35(2), LGC’ 91]

RIGHTS (A69;73) Obl. (A68) DEFECT

VOIDABLE (A45-47)

ABSENCE VOID [A35(1-6);36,37,38,44,53]

IRREGULARITY

VALID

2. ML, unless EXEMPTED *Parties: (A 27-34) a) 18 < 21 (A14) Molina Doctrine (A9; 11-12; 17-20) b) 21 < 25 (A15) (2/13/1997) c) 18 < 25 (A16) d) prior marriage (A13) (A40; 41-43) e) foreigners 1) stateless (A 21) (A48-54) 2) refugee Solemnized outside RP [A26 (1&2)] 3. MC (6; 8) Exceptions: [A35(1,4,5,6); 36; 37; 38]

LEGAL SEPARATION Grounds for Petition for LS (A55) Effects of filing Petition for LS (A61) Grounds for Denial of Petition for LS (A56)

Action for LS (A57-60) Effects of LS Decree (A63-64) Reconciliation (A65) EFFECTS (A66) EXCEPTION (A66)

EXCEPTION TO THE EXCEPTION (A67)

PROPERTY RELATIONS BETWEEN HUSBAND & WIFE

PROPERTY RELATIONS: 1. MS 2. FC 3. Loc. Customs

VALID if: (Art. 77)

1. In writing 2. Signed by parties 3. Executed before marriage

Phil. Laws Exceptions: (Art. 80) • H&W aliens • Properties outside RP

VOID if: No marriage Exception: (Art. 81) stipulations do not depend upon celebration of marriage

Binding vs 3rd parties if: 1. Registered w/proper LCR/RD

DONATIONS PROPTER NUPTIAS (Art. 82) 1. made before the marriag 2. in consideration of e 3. in favor of 1 or both of the future spouses

I.

No donation by future spouses to each other > 1/5 of their present property if property regime is NOT ACP (Art. 84); any excess VOID

II. Property donated subject to encumbrances

VALID (Art. 85)

FORECLOSURE SALE

1. Proceeds < amt. of obl. NOT liable for deficiency 2. proceeds > amt. of obl. ENTITLED to excess

III. Donations of future prop. > testate succession formalities of wills

donee Donee

DONATIONS DURING MARRIAGE 1. Between H&W

VOID

EXCEPTION: (Art. 87)

2.

moderate gifts on occasion of family rejoicing NO donation BY either spouse W/O consent of the other of ACP/CPG property

EXCEPTION: (Art. 98/125)

moderate donations for charity/ occasions of family rejoicing or family distress

REVOCATION OF DONATION PROPTER NUPTIAS I.

MARRIAGE

1. not celebrated 2. Judicially declared void 3. w/o parental/guardian consent 4. Annulled, donee in BF

II. Legal separation, donee guilty party III. Resolutory condition complied IV. Ingratitude of donee

PROPERTY REGIME OF VALID MARRIAGES ACP I. II.

III.

CPG

Commence at precise moment of marriage No waiver of rights, interest, shares & effects during marriage EXCEPTION: judicial separation of prop. or marriage dissolved/annulled a) waiver in public instrument b) recorded in LCR/RD Property acquired DURING marriage PRESUMED ACP/CPG unless proved to be EXCLUDED (Art. 93/116)

Separate Prop. Regime

ABSOLUTE COMMUNITY PROPERTY 1. Co-ownership (Art. 90) 2. All properties at the time of marriage & acquired thereafter (Art. 91)

3. Property EXCLUDED: (Art. 92) (1). acquired gratuitously (2). personal & exclusive use EXCEPT: jewelries

(3). acquired before marriage by either spouse w/ leg. descendants by a former marriage

CONJUGAL PARTNERSHIP OF GAINS 1. 2.

3.

Contract of partnership (Art. 108) Proceeds, products, fruits & income of H&W’s separate prop. placed in a COMMON FUND; net gains ÷ equally between H&W upon dissolution of marriage (Art. 106) Property EXCLUDED: (Art. 109)

(1). brought to the marriage as own prop. (2). acquired by gratuitous title

(3). bought by exclusive money of H OR W (4). acquired by right of redemption, barter or exchange w/ prop. of H OR W

SEPARATION OF PROPERTY REGIME 1. 2. 3.

4. 5.

Agreed by H&W in MS Present or future prop.; total or partial; prop. not separate belong to ACP (Art. 144) Each spouse own, dispose of, possess, administer, enjoy, HIS/HER prop. W/O consent of other spouse; to each spouse belongs all earnings (Art. 145) BOTH bear family expenses in proportion to their income; insufficient current market value of separate prop. Liability to creditors for family expenses SOLIDARY

PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE CO-OWNERSHIP

Art. 147

Art. 148

Man & woman capacitated to marry each other, live exclusively w/ each other as H&W, W/O marriage or under a void marriage

Man & woman living together as H&W, one/both w/legal impediment to contract marriage

EQUAL SHARES even if 1 party’s efforts consisted in the care of family/household

ACTUAL JOINT CONTRIBUTION of money, property or industry in the acquisition of properties

OBLIGATIONS OF ACP/CPG (ART. 94/121) 1.

Support of H&W, common children & leg. children of either spouse

2.

Debts. w/c redounded to the benefit of the family Expenses for education of either spouse

3. 4.

Taxes, expenses for preservation of common property/separate prop. used by family

* Winnings/losses from games of chance/gambling

ADMINISTRATION OF ACP/CPG 1.

Belongs to BOTH spouses jointly DISAGREEMENT H’s decision subject to recourse by wife to the court w/n 5 years from the date of the contract implementing such decision (Art. 96/124)

2.

Incapacity of one spouse sole administration by the other spouse w/c does NOT include powers of disposition or encumbrance W/O: a). authority of the court b). Written consent of other spouse NO “a” or “b”

disposition VOID

TERMINATION OF ACP/CPG (ART. 99/126) 1.

2. 3. 4.

ACP/CPG Death of either spouse liquidated in estate proceedings; judicial or extra-judicial liquidation w/n 1 year from death of spouse * NO LIQUIDATION a). disposition/encumbrance VOID b). mandatory regime of COMPLETE SEPARATION OF PROPERTY of subsequent marriage (Art. 103/130) Decree of legal separation Marriage annulled or declared void Judicial separation of property during the marriage under Arts. 134-138

LIQUIDATION OF ACP/CPG (ART. 102/129) 1.

Inventory of properties w/c are ACP/CPG and exclusive prop.

2.

Debts/obl. paid out of assets of ACP/CPG; if insufficient separate prop. of spouses Balance from exclusive prop delivered to spouses Net assets of ACP/CPG ÷ equally bet. spouses Exception: different ÷ agreed by spouses in MS

3. 4. 5. 6.

Presumptive legitimes delivered to common children spouses w/whom Conjugal dwelling & lot majority of the children remain; children < 7 years old MOTHER EXCEPTION:

Court finds compelling reasons best interest of the children

SEPARATION DE FACTO BET H&W shall NOT AFFECT ACP/CPG (Art. 100/127)

EXCEPTIONS 1. 2.

3.

4.

Spouse who leaves conjugal home W/O JUST NO support CAUSE Consent of 1 spouse to any transaction required by law Judicial authorization in a summary proceeding Absence of sufficient ACP/CPG assets separate prop. of both spouses SOLIDARILY LIABLE for support of family Spouse W/O JUST CAUSE abandons the other court petition for receiversip, judicial separation of prop, authority to be sole administrator (Art. 101)

Administration of Exclusive Property Transferred to ONE SPOUSE if ONE SPOUSE: (Art. 142) 1. becomes guardian of the other 2. judicially declared an absentee 3. sentenced to penalty of civil interdiction 4. becomes fugitive from justice/is in hiding as an accused in crim. case * SPOUSE NOT QUALIFIED court shall appoint SUITABLE person as administrator

SEPARATION OF PROPERTY OF SPOUSES DURING MARRIAGE

Gen. Rule: ONLY by JUDICIAL ORDER Exception: Express declaration in MS SUFFICIENT CAUSES: (Art. 135) 1. 2.

3. 4. 5. 6.

penalty with civil interdiction spouse judicially declared absentee judicial decree of loss of P.A. abandonment/failure to comply with family obl. adm. spouse abused power de facto separation of H&W for at least 1 year & reconciliation highly improbable

Art. 134

VOLUNTARY DISSOLUTION (Arts. 136-140) 1. Joint Petition of Spouses for Revival of FORMER Prop. Regime

2.

3.

verified petition filed by spouses; creditors notified & protected ACP/CPG liquidated; complete separation of prop. applicable judicial decree of separation of prop. recorded in LCR/RD

* NO voluntary separation of prop may thereafter be granted (Art. 141)

FAMILY RELATIONS

Art. 150. FAMILY RELATIONS 1. Between husband and wife

2. Between parents and children

3. Among ascendants/descendants

Art. 150. FAMILY RELATIONS 4. Among brothers & sisters, whether of full or half-blood

5. No suit between members of the same family shall prosper UNLESS earnest efforts to COMPROMISE has failed (Art. 151)

Art. 152/153.

FAMILY HOME

1. Constituted by h/wife/unmarried head of the family; from the time occupied as family residence; only 1 FH (A161); continue as such FH despite death of spouses or unmarried head of the family for 10 yrs/as long as there is a minor beneficiary living therein (A159)

2. BENEFICIARIES of FH a. H&W or an unmarried head of the family

b. Parents, ascendants, descendants brothers/sisters, legitimate or ill., living in the FH & dependent upon head of the family for legal support

3. EXEMPT from execution, forced sale, or attachment EXCEPT: (A155) a. Non-payment of taxes b. Debts incurred prior to constitution of FH c. Debts secured by mortgages on the premises before/after constitution of FH d. Debts due to laborers, mechanics, architects, builders, etc. who rendered service/materials for construction of the building

4. ACTUAL VALUE of FH - P300T in urban areas; P200T in rural areas or such amounts as may hereafter be fixed by law (Art. 157) 5. May be sold, alienated, donated, assigned or encumbered w/ the written consent of the person constituting the FH, the latter’s spouse & majority of the beneficiaries of legal age; in case of conflict - court shall decide. (Art. 158)

6. EXECUTION OF FH Judgment in favor of creditor not one of those in Art. 155 and FH worth > than Art. 157 execution - lowest bid as provided in Art. 157 and applied in said Art. 157, then to liabilities under the judgment and costs; EXCESS - judgment debtor (Art. 160)

Art. 194. SUPPORT

Comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. (Art. 194)

THE FOLLOWING ARE OBLIGED TO SUPPORT EACH OTHER (Art. 195) 1. The spouses

2. Leg. ascendants & descendants 3. Parents & their leg. children & the leg./ill. children of the latter 4. Parents & their ill. children & the legitimate/illegitimate children of the latter 5. Legitimate brothers and sisters, whether of full or half-blood

Art. 199. 2 OR MORE PERSONS ARE OBLIGED TO GIVE SUPPORT, LIABILITY IS IN THE FF. ORDER: 1. The spouse 2. Descendants in the nearest degree 3. Brothers 4. Ascendants andinsisters the nearest degree * support shall be in proportion to the resources or means of the giver & to the necessities of the recipient (A201) ** paying allowance fixed or maintaining person to be supported in the family dwelling, except in case of moral or legal obstacle (Art. 204).

PARENTAL AUTHORITY

1. Parental authority/responsibility may NOT be renounced/transferred, except in cases authorized by law (Art. 210)

2. F AND M jointly exercise parental authority over common children; DISAGREEMENT - father’s decision, unless there is judicial order to the contrary. (Art. 211) *CHILDREN - respect, reverence, obedience to parents

3. a. absence/death of 1 parent - present parent; remarriage of 1 parent does not affect parental authority, unless court appoints guardian over person/property of children (Art. 212)

b. separation of parents - parent designated by the court; child 21 years of age

(3) child’s actual custodian, >21 yrs. of age

4. *No descendant shall be compelled , in a criminal case to testify against his parents and grandparents, except when such testimony is INDISPENSABLE in a crime against the descendant or by one parent against the other (Art. 215)

Art. 217. Parental Authority over foundlings, abandoned, neglected or heads of abused children children’s homes, orphanages & similar institutions accredited by the proper government agency

ORPHANAGE

Art. 218. Special Parental Authority

School, its administrators and teachers or individual/institution engaged in child care; while minor child under their supervision or custody; principally & solidarily liable for damages caused by acts of minor; parents/substitute parents subsidiarily liable.

*Art. 221. – Parents/persons exercising parental authority civilly liable for damages caused by minors/ unemancipated children living in their company & under their parental authority, subject to defenses provided by law

Art. 223. – Parents or those exercising parental authority may petition the COURT for an order providing for disciplinary measures over the child  may include commitment of the child for not >30 days in accredited children’s homes.

Art. 225. F and M exercise legal guardianship over property of common child; disagreement F’s decision, unless judicial order to the contrary; market value of minor’s prop. > P 50K BOND as the court may determine but NOT < 10% of the value of property/annual income of the child.

PARENTAL AUTHORITY TERMINATES PERMANENTLY UPON: (Art. 228) 1. the death of parents 2. the death of the child 3. emancipation of the child 4. adoption of the child 5. appointment of general guardian 6. judicial decree of abandonment 7. final judgment of a competent court divesting parental authority 8. judicial declaration of absence/incapacity of person exercising parental authority

Unless subsequently revived by a final judgment (Art. 229)

SUSPENSION OF PARENTAL AUTHORITY 1. Conviction of a crime with the penalty of civil interdiction (Art. 230) 2. Court action, if parent: (Art. 231) a. treats the child w/ excessive harshness or cruelty b. gives the child corrupting orders, counsel or example c. compels the child to beg d. subjects the child or allows him to be subjected to acts of lasciviousness P. A. automatically reinstated upon service of penalty/upon pardon or amnesty of offender (Art. 230) P. A. reinstated if the court finds that the cause has ceased & will NOT be repeated (Art. 231) P. A. shall be permanently deprived by the court (Art. 232)

PATERNITY AND FILIATION

FILIATION

May be by NATURE or by ADOPTION

Inter-Country Adoption Act of 1995 (6/7/95) Domestic Adoption Act of 1998 (2/25/98)

LEGITIMATE CHILDREN

A. Are those: (Art. 164) 1. Conceived or born during marriage 2. Conceived by artificial insemination a. authorized by BOTH spouses b. in a written instrument c. signed by BOTH spouses before birth of child d. recorded in the LCR together w/ birth certificate 3. Whose mother may have declared against the legitimacy/may have been sentenced an adulteress (Art. 167)

B. shall have the RIGHT TO: (Art. 174) 1. Bear surnames of F and M rights 2. Receive support from their parents, ascendants, brothers/sisters 3. Legitime/successional rights C. FILIATION IS ESTABLISHED BY: (Art. 172) 1. Record of birth appearing in the civil register or a final judgment 2. An admission in a public document or a private hand-written instrument signed by the concerned parent In their absence, legitimate filiation shall be proved by: (1) Open & continuous possession of the status of a legitimate child (2) Any other means allowed by the Rules of Court & special laws.

D. ACTION TO CLAIM LEGITIMACY may be brought by: (Art. 173) 1. Child - during his/her lifetime; action commenced by child shall survive notwithstanding the death of either or both of the parties 2. Heirs of the child - should the child die during minority or in a state of insanity; within a period of 5 years

E. LEGITIMACY of a child may be IMPUGNED only on the ff. GROUNDS: (Art. 166) 1. Physical impossibility for the husband to have sexual intercourse w/ his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) physical incapacity of husband to have sexual intercourse with his wife (b) fact that h&w were living separately that sexual intercourse was NOT possible OR (c) serious illness of the husband, which absolutely prevented sexual intercourse 2. Biological or other scientific reasons that the child could not have been that of the husband 3. In case of artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation or undue influence

WHO MAY IMPUGN LEGITIMACY OF CHILD? GEN. RULE: Husband EXCEPTION: Heirs of the husband (Art. 171)

1. If the husband should die before the expiration of the period fixed for bringing his action 2. If H should die after filing of the complaint, w/o having desisted therefrom 3. If the child was born after death of husband (Art. 171)

PERIOD TO IMPUGN LEGITIMACY (Art. 170) 1. One (1) yr. from the knowledge of the birth or its recording in the Civil Register, if H/heirs reside in the city or municipality where the birth took place or was recorded 2. If H/heirs do not reside at the place of birth/where it was recorded - period shall be 2 years if they reside in the Phil; 3 yrs., if abroad 3. If birth has been concealed/unknown to the H/heirs – period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, WHICHEVER IS EARLIER.

ILLEGITIMATE CHILDREN

A. are those: (Art. 165) 1. Conceived and born outside a valid marriage B. shall have the RIGHT: (Art. 176) 1. Use the surname; be under the parental authority of their mother 2. Entitled to support in conformity w/ the Civil Code 3. Entitled to legitime w/c is 1/2 the legitime of a legitimate child C. FILIATION IS ESTABLISHED by the same evidence as in Art. 172 & w/n the same period as in Art. 173 except when based on 2nd par. of Art. 172 in w/c case the action may be brought only DURING THE LIFETIME of the alleged PARENT

LEGITIMATED CHILDREN

A. are those: (Arts. 177/178) 1. Conceived and born outside of wedlock of parents who at the time of conception have no legal impediment to marry each other & whose parents subsequently married each other. B. shall have the SAME rights as legitimate children (Art. 179) C. Legitimation retroacts to the time of the child’s birth (Art. 180) 1. Legitimation of children who died before the celebration of the marriage benefits their descendants. (Art. 181) 2. May be impugned only by those who are prejudiced in their rights, w/n FIVE (5) yrs. from the time their cause of action accrues. (Art. 182)

RULES IF 1st MARRIAGE TERMINATED AND MOTHER CONTRACTED A SUBSEQUENT MARRIAGE (Art. 168) 1. A child born before 180 days after the solemnization of the subsequent marriage is considered to have been conceived during the 1st marriage, provided it be born w/n 300 days after the termination of the 1st marriage. 2. A child born after 180 days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be born w/n the 300 days after the termination of the 1st marriage.

ADOPTION

Domestic Adoption Act of 1998 R.A. 8552 (2/25/98)

Inter-Country Adoption Act of 1995 R.A. 8043 (6/7/95)

WHO MAY ADOPT? 1. Any Filipino citizen

a. of legal age b. with full civil capacity and legal rights c. of good moral character d. not convicted of a crime involving moral turpitude e. emotionally and psychologically capable of caring for children f. in a position to support and care for his children in keeping with the means of the family g. at least 16 years older than adoptee > 16-year-gap between adopter and adoptee may be waived if: a. Adopter is the biological parent of adoptee OR b. Adopter is the spouse of the adoptee’s parent

2. Any alien

a. with the same qualifications above-stated b. whose country has diplomatic relations with RP c. living in the RP for at least 3 continuous years prior to filing petition for adoption until adoption decree is entered d. certified by his diplomatic/consular office to have legal capacity to adopt in his country e. whose government allows the adoptee to enter his country as his adopted child

3. The guardian w/ respect to the ward after the termination of the guardianship and clearance of his/her financial liabilities.

> Residency and Certification of alien’s qualification to adopt in his country may be waived for: 1. a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity 2. one who seeks to adopt the legitimate child of his Filipino spouse 3. one who is married to a Filipino citizen, seeking to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse

Husband and wife shall JOINTLY ADOPT EXCEPT: 1. if one spouse seeks to adopt the leg. child of the other spouse OR 2. if one spouse seeks to adopt his own illegitimate child, provided, that the other spouse has signified his consent thereto OR 3. if the spouses are legally separated from each other.

WHO MAY BE ADOPTED?

1. Any person below 18 yrs. who has been adm./judicially declared available for adoption 2. Leg. son/daughter of one spouse by the other spouse 3. Ill. son/daughter by a qualified adopter to improve his/her status to that of legitimacy 4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter as his/her own child since minority 5. A child whose adoption has been previously rescinded 6. A child whose biological/adoptive parents have died, provided, that no proceedings shall be initiated w/n 6 months from the time of death of said parent

WHOSE CONSENT IS NECESSARY TO THE ADOPTION?

1. The adoptee, if 10 years or over 2. Biological parents of the child, if known, or legal guardian or the proper govt. instrumentality which has legal custody of the child 3. Legitimate & adopted children, 10 yrs or over, of the adopter(s) & adoptee, if any 4. Illegitimate children, 10 yrs or over of the adopter, if living w/ said adopter & the latter’s spouse, if any 5. Spouse, if any, of the person adopting or to be adopted

WHERE TO FILE PETITION?

Family Court of the province or city where the prospective adoptive parents reside

PUBLICATION:

Once a week for 3 successive weeks in a newspaper of general circulation in the province/city where court is situated

Child and Home Study Reports  to be conducted by DSWD licensed social worker on the adoptee, biological parent(s) and adopter(s)  to be submitted together with findings and recommendations to the court hearing the petition

Supervised Trial Custody • 6-month-period for adoptee and adopter(s) to adjust psychologically and emotionally to each other • to establish a bonding relationship • temporary parental authority vested in the adopter(s) • Court may reduce trial custody period, if it is in the best interest of the child alien adopter(s)

6-month trial custody period MUST be completed, unless alien adopter falls under Sec. 7(b).

Adoption Decree

 effective as of the date the original petition was filed  amended birth certificate of adoptee to be issued by LCR; original birth certificate “CANCELLED” Adoption

EFFECTS OF ADOPTION: 1. Except where biological parent is the spouse of the adopter, all legal ties between biological parent(s) and adoptee shall be severed and parental authority shall be vested on the adopter(s). 2. Adoptee shall be considered the legitimate child of the adopter(s) entitled to all the rights and obligations provided by law to legitimate children, w/o discrimination of any kind; adoptee entitled to love, guidance and support in keeping with the means of the family 3. In legal and intestate succession, adopter(s) and adoptee shall have reciprocal rights of succession, without distinction from legitimate filiation. Law on testamentary succession shall govern if adoptee and his biological parent(s) left a will.

RESCISSION OF ADOPTION Who may petition rescission of adoption?

Adoptee, with the assistance of DSWD if a minor or if over 18 but is incapacitated, as guardian/counsel

GROUNDS FOR RESCISSION OF ADOPTION

1. repeated physical and verbal maltreatment by the adopter(s) despite counselling 2. attempt on the life of adoptee 3. sexual assault or violence 4. abandonment and failure to comply with parental obligations Adopter may disinherit adoptee for causes provided under Art. 919 NCC

EFFECTS OF RESCISSION OF ADOPTION

1. Parental authority of adoptee’s biological parent(s) or legal custody of DSWD, if adoptee is still a minor or incapacitated, shall be RESTORED. 2. Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be EXTINGUISHED. 3. Court shall order LCR to CANCEL amended birth certificate and RESTORE original birth certificate of the adoptee. 4. Successional rights shall REVERT to its status prior to the adoption as of the date of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

INTER-COUNTRY ADOPTION ACT (R.A. 8043)

socio-legal process of adopting a Filipino child by a foreigner or by a Filipino citizen permanently residing abroad where the petition is filed, supervised trial custody is undertaken and the decree of adoption is issued OUTSIDE the Philippines

INTER-COUNTRY ADOPTION BOARD central authority in matters relating to inter-country adoption COMPOSITION DSWD Secretary (ex officio chair) 1 – psychiatrist/psychologist 2 – lawyers (w/qualifications as RTC judge) 1 – registered social worker 2 – representatives from NGOs engaged in child-caring and placement activities

WHO MAY BE ADOPTED?

Legally free child voluntarily or involuntarily committed to the DSWD

WHO MAY ADOPT?

Foreigner or Filipino citizen permanently residing abroad 1. at least 27 years old 2. at least 16 years older than adoptee at the time of the application, EXCEPT if adopter is a. natural parent of adoptee OR b. Spouse of such parent 3. if married, spouse must jointly adopt 4. capacitated to act and assume all rights and responsibilities of parental authority under his national laws and has undergone appropriate counselling in his country

5. not convicted of a crime involving moral turpitude 6. eligible to adopt under his national law 7. is in a position to provide the proper care and support to give the necessary moral values and example to all his children, including the child to be adopted 8. agrees to uphold the basic rights of the child as embodied under Phil. laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act 9. whose country has diplomatic relations with RP; whose government maintains a similarly authorized and accredited agency and allows adoption under his national laws 10.possesses all the qualifications and none of the disqualifications under this Act and in other applicable Phil. laws

WHERE TO FILE APPLICATION? RTC of the RP having jurisdiction over the child OR with the Board, through an intermediate agency, whether governmental or an authorized/accredited agency, in the country of the prospective adoptive parents.

ATTACHMENTS TO THE APPLICATION (written in English)

1. Birth certificate of applicant(s) 2. Marriage contract, if married and divorce decree, if applicable 3. Written consent of their biological or adopted children > 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 applicant(s) 6. Police clearance of applicant(s) 7. Character reference from the local church/minister, the applicant’s employer and a member of the immediate community who have known the applicant(s) for at least five (5) years 8. Recent post-card size pictures of the applicant(s) and his immediate family

FAMILY SELECTION/MATCHING No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.  Adoptive parents, or any one of them, shall personally fetch the child in the Phil.

PRE-ADOPTIVE PLACEMENT COSTS 1. Cost of bringing child from RP to the residence of the applicant(s) abroad including all travel expenses w/n the Phil. and abroad 2. Cost of passport, visa, medical examination and psychological evaluation required and other related expenses

SUPERVISED TRIAL CUSTODY six (6) months from the time of placement by the government agency or the authorized/accredited agency in the country of the adoptive parents

 After lapse of the 6-month trial custody, decree of adoption shall be issued in the said country, copy furnished the Board to form part of the records of the child