STEPS Domestic Adoption AM 02-6-02-SC

RULE ON DOMESTIC ADOPTION - A.M. No. 02-6-02-SC PETITION FOR ADOPTIION WHO MAY FILE THE PETITION? 1. Any Filipino Citizen of legal age, has not been convicted

of a crime involving moral turpitude, at least 16 years older than adoptee, in a position to support and care for children (16 years dierence may be waived if the adopter is the biol biolog ogic ical al par parent ent of the the adop adopte tee e or the the sp spou ouse se of the the adopter 2. Alien possessing the same !uali"cations #$%&'), a* his country has diplomatic relation relation with $# b* living in $# for + continuous years c* maintain residence until the adoption decree is entered d* certi"ed certi"ed by his diplomati diplomatic c or consular consular oce to have the capacity to adopt e* his government government allows the adoptee to enter his country as his adopted child -.%/)0 re!uirements of residency and certi"cation may be A'&) 2#%32)2 should adopt 4%'./5 4%'./5 WHO MAY BE ADOPTED? 1. Any person below 1= years old who has been voluntarily

committed to the 2 under Articles 1>?, 1>> and 1>6 of # 6;+ or 43' 43'C' C'A A55 55  )C5 )C5A$ A$) ) avai availa labl ble e for for adoption@ 2.  /he legitimate child child of one spouse, by the other spouse@ 3. An illegitimate child, by a !uali"ed adopter to raise the

status of the former to that of legitimacy ?* A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently treated by the adopters as their own child since minority@ . A child whose adoption has been previously rescinded@ 6. A child whose biological or adoptive parents have died0

#rovi #rovided ded that that no proce proceedi edings ngs shall shall be initia initiated ted withi within n 6 months from the time of death of said parents@ !. A child not otherwise dis!uali"ed by law or these rules

(2ection >, A: .%* ;>< and the application for recti"cation of the birth registration and the petition for adoption were "led within > years from said date* +* /he petitioner made the simulation of birth for the best interests of the adoptee@ and ?* /he adoptee has been consistently considered and treated by petitioner as his own child* 8

8

8

CONTENTS OF THE PETITION ADOPTION OF A FOUNDLIN&' AN ABANDONED' DEPENDENT OR NE&LECTED CHILD 1.  /he facts showing that the child is a foundling, abandoned,

dependent or neglected* 2.  /he names of the parents, if Dnown, and their residence* 'f the child has no Dnown or living parents, then the name name and residence of the guardian, if any@ +* /he name of the duly licensed child8placement agency or individual under whose care the child is in custody and ?* /hat the 2, child8placement or child caring agency is ANNE(ES TO THE PETITION A. 7irth 7aptismal or foundling certi"cate, as the case may be,

and school records showing the name, age and residence of the adoptee@ 7* Adavit of Consent of the following0 1* /he adoptee, if 1; years of age or over@ 2*/he biological parents of the child@ if Dnown, or the legal

guardian, or the child8placement agency, child8caring agency, or the proper govBt instrumentality which has legal custody of the child@ 3. /he legitimate and adopted children of the adopter and of  the adoptee, if any, who are 1; years of age or over@ 4.  /he illegitimate children of the adopter living with him who are 1; years of age or over@ and spouse, if any, the adopter or adoptee* D.. 'f /he the petitioner is anof alien, certi"cation by his diplomatic or C. Child 2tudy $eport on the adoptee and his biological parents consular oce E. ome 2tudy $eport on the Adopters, local or foreign F. ecree of annulment, nullity or legal separation of the

adopter as well as that of the biological parents of the adoptee (2ection 11, of A: .o* ;+, the Court shall %$)$ the 5%CA5 C'&'5 $)'2/$A$ to issue an A:).) 7'$/ C)$/'F'CA/) indicating the new status of the children aected