ADOPTION

*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA
8552(Domestic Adoption Act) and

ADOPTION A juridical act which creates between two persons a relationship similar to that which results from
legitimate paternity and filiation.

ADOPTION vs. LEGITIMATION:

Similarities: both given status of a child born in lawful wedlock of the parents adopting or legitimizing it.
Differences:
LEGITIMATION ADOPTION
Persons Only natural children Generally applies to strangers
affected
Procedure Extrajudicial acts of parents Always by judicial decree
Who applies Only by both parents By one parent alone
Effect Same status and rights as a Creates a rel. only between the
legitimated child not only in rel. child and the adopting parent
to the legitimizing parents but
also to other relatives

ADOPTION ONLY BY JUDICIAL DECREE:

o It is a juridical act, a proceeding in rem
o Only an adoption made through the court or in pursuance with procedure laid down under Rule 99
of the Rules of Court is valid in this jurisdiction. Cannot be granted administratively.
o A mere agreement between adopter and parents is not a valid adoption, nor the mere fat that child
has lived with the alleged adopter who has treated him like his own child sufficient to establish a valid adoption.
o Fact of adoption is not presumed but must be affirmatively proved by the person claiming its
existence (through the juridical decree).

A. WHO MAY ADOPT

*Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they are
adopting their own illegitimate children in order to elevate their status, the reason being that, the old concept of
adoption considered it mainly for the benefit of persons who have not been blessed with children or who have lost
them.

(NOTE: texts in bold indicate provisions which are changed by RA 8552)

FAMILY CODE RA 8522
Art. 183 Sec. 7
1. person of age (18) a) Any Filipino citizen:
2. in possession of fully civil capacity & o of legal age
legal rights o in possession of full civil
3. in a position to support & care for his capacity & legal rights
kids in keeping w/means of the o of good moral character*
family o not been convicted of any
4. at least 16yrs older than person to be crime involving moral turpitude
adopted unless the adopter is the o emotionally & psychologically
parent by nature or sp of legitimate capable of caring for children*
parent of person to be adopted o in a position to support & care
5. spouses jointly/married person for his/her kids in keeping w/means
w/consent of sp except: of the family
a. when 1 seeks to adopt o at least 16 yrs older than
his own illegit child
adoptee and who is in a position to
b. when 1 sp seeks to
support and care for his/her children
adopt the legit child of other
in keeping with the means of the

Jierah R. Manahan, RN
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Bulacan State University-College
 6. not disqualified under FC 184 family. 16 years difference may be
waived when adopter is biological
 Full civil rights parent or is the sp of the adoptee’s
– must have no parent
curtailment of civil rights so that he could b) Any alien possessing the same
fully exercise parental authority qualification as above stated for Filipino
– must not be nationals, provided that:
suffering from limitations on capacity to 1. his country has diplomatic
act such as minority, insanity or imbecility, relations w/ RP
deaf-mutism, prodigality, and civil 2. living in the Phil for at least
interdiction. 3yrs prior to filing until decree’s
 No prohibition for relatives to adopt one entered
another, except in cases enumerated 3. certified by his
 Permits the adoption of illegitimate diplomatic/consular office or any
children by their own parents because if the appropriate agency that he has leg
latter want to make amends, they should be capacity to adopt in his country
encouraged. It shall raise the child to a 4. his gov’t allows adoptee to
legitimate status. enter his country as his adopted child
5. conditions may be waived for
Art. 184. The following persons may not ff:
adopt: a. former Filipino
citizen seeks to adopt relative
(1) The guardian with respect to the ward w/in 4th degree of
prior to the approval of the final accounts consanguinity/affinity*
rendered upon the termination of their b. one who seeks to
guardianship relation; adopt legitimate child of
his/her Filipino sp*
(2) Any person who has been convicted of a c) guardian with respect to the ward after
crime involving moral turpitude; termination of guardianship & clearance of
his financial accountabilities
(3) An alien, except:
Husband &Wife shall jointly adapt except in
the ff cases:
(a) A former Filipino citizen who seeks to a. if 1 sp seeks to adopt legit
adopt a relative by consanguinity; * child of other
b. if 1 sp seeks to adopt his own
(b) One who seeks to adopt the legitimate illegitimate child w/consent of other
child of his or her Filipino spouse; or * spouses
c. spouses are legally separated*
(c) One who is married to a Filipino citizen In case husband and wife jointly adopt, or
and seeks to adopt jointly with his or her one spouse adopts the illegitimate
spouse a relative by consanguinity of the son/daughter of the other, joint parental
latter.* authority shall be exercised by the spouses.
Aliens not included in the foregoing
 The adopted or adopter may be single or
exceptions may adopt Filipino children in
married, but if married, the consent to the
accordance with the rules on inter-country
adoption of his or her spouse is needed.
adoptions as may be provided by law. (28a,
 Age difference of 16 years
E. O. 91 and PD 603)
- to give assurance that adopter has the
sufficient maturity to fill the role of a parent
 Aliens –
to the adopted child. Also, to approximate
 stricter in adoption by aliens compared to
natural filiation as much as possible.
PD 603 because children adopted by
 No conviction of crime involving moral
aliens suffered cultural and psychological
turpitude
shock and could not adjust to their new
lives in the foreign countries – adopter should be
morally qualified to do so. Conviction is

Jierah R. Manahan, RN
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Bulacan State University-College
  Some pedophiles simply abandoned the necessary because of the presumption of
children after they had satisfied their innocence. Pardon does not remove
sexual desires on them in their foreign disqualification.
homes  Emotionally and psychologically capable
 Alleged cases where children were killed for and in a position to support family in keeping
organ transplants in the foreign countries. with the means
 By restricting, there is some assurance that – parent assumes all
adopted children will receive love, care duties and responsibilities of rearing, caring,
and protection educating, supporting and molding the
character of child for the development of his
Art. 185 character and well-being. A person who is
 H & W must jointly adopt except: rich but too old or too week should not be
a. when 1 sp seeks to adopt his allowed.
own illegit child  Aliens
b. when 1 sp seeks to adopt legit - Liberalized the restrictions on adoption by
child of the other aliens imposed by the Family Code.
- Aliens may now adopt subject to the
Art. 186 conditions/provided that qualifications are
 in case sps jointly adopt or 1 sp satisfied.
adopts legit child of other, joint parental  Adoption by H & W
authority shall be exercised in - “one spouse adopts the illegitimate child of
accordance w/FC the other” - in this case, only one is the
adopter, although with the consent of the
 Husband and wife may jointly adopt a other spouse.
child. However, it is not obligatory. One spouse - If spouses are legally separated, no need for
can adopt alone, but the consent of the other is joint adoption and the consent of the other
required. is not necessary.
 If they adopt jointly, they shall have joint  Guardians
parental authority over the adopted child. - may adopt both under FC and RA 8522
 Reason: to prevent dissension between provided that guardianship is terminated
spouses. and he has been cleared of his financial
 TOLENTINO: Legal separation accountabilities.
terminates the common life between spouses - Reason: to prevent guardian who has
and the reason for requiring the consent of misused or misappropriated the funds or
one spouse for the adoption made by the other properties of his ward to resort to adopting
no longer exists his ward to avoid an accounting of such
funds or properties and possible criminal
action.

B. WHO MAY BE ADOPTED:

FAMILY CODE RA 8522

Art. 187. The following may not be adopted: SECTION 8. Who May Be Adopted. — The
following may be adopted:
(1) A person of legal age, unless he or she is (a) Any person below eighteen (18) years of
a child by nature of the adopter or his or her age who has been administratively or
spouse, or, prior to the adoption, said judicially declared available for adoption;
person has been consistently considered  
and treated by the adopter as his or her own (b) The legitimate son/daughter of one
child during minority. spouse by the other spouse;
 
(2) An alien with whose government the (c) An illegitimate son/daughter by a
Republic of the Philippines has no qualified adopter to improve his/her status
diplomatic relations; and to that of legitimacy;

Jierah R. Manahan, RN
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Bulacan State University-College
  
(3) A person who has already been adopted (d) A person of legal age if, prior to the
unless such adoption has been previously adoption, said person has been consistently
revoked or rescinded. (30a, E. O. 91 and PD considered and treated by the adopter(s) as
603) his/her own child since minority;
 
 Plurality of Adoption – A person cannot (e) A child whose adoption has been
have two adopting fathers/mothers. But the previously rescinded; or
adoption of a child by a married man will not  
bar a subsequent adoption of the same child by (f) A child whose biological or adoptive
the wife of the adopting parent (jointly parent(s) has died: Provided, That no
adopted). Upon the death, or when adoption proceedings shall be initiated within six (6)
was rescinded or revoked, only then can the months from the time of death of said
child be adopted again by another. parent(s).“administratively or judicially declared
 Adoption of an adult is not allowed: available for adoption”
- he is old enough to take care of himself and - voluntarily or involuntarily committed to
does not have to depend on anyone else to do the Department or to a duly licensed and
so. If the reason is to share material accredited child-placing or child-caring agency,
advantages with the adopted, he can do so by freed of the parental authority of his/her
simply giving the latter financial assistance biological parent(s) or guardian or adopter(s)
and leaving him something in his will. in case of rescission of adoption.
- The rationale of adoption is to give poor, - "Voluntarily committed child" is one whose
orphaned, abandoned children the parent(s) knowingly and willingly relinquishes
advantages and blessings of having parents parental authority to the Department.
who would love, support, protect, rear and - "Involuntarily committed child" is one
educate them until old enough whose parent(s), known or unknown, has been
 Enumerated who MAY NOT be adopted permanently and judicially deprived of
instead of MAY BE adopted. parental authority due to abandonment;
substantial, continuous, or repeated neglect;
abuse; or incompetence to discharge parental
responsibilities.

C. PRE-ADOPTION

PRE-ADOPTION – counseling services for the biological parents of adoptee, prospective adoptive parents, and
prospective adoptee.

Section 4 under Art. 111 of Rules and Regulation to implement RA 8552:

1. Biological Parent(s) 
a. Biological Parents shall be counseled regarding their options: 
i. to keep the child and avail of services and assistance;
ii. avail of temporary child care arrangements such as foster care; or
iii. relinquish the child for adoption
b. Topics to focus on: 
i. the loss of parental rights over the child and as a rule, not having further contact
with the child;
ii. the importance of providing relevant information on the child, their own medical
history and family background;
iii. the possibility that the child may be placed for adoption within the Philippines or
in a foreign country;
iv. the possibility that in the future, there may be communication with the child at
their or the child’s initiative.

Jierah R. Manahan, RN
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Bulacan State University-College
 v. the right to reconsider his/her decision to relinquish his/her child within six (6)
months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the
Department.
c. Continuing services shall be provided after relinquishment to cope with feelings of loss, etc. and other
services for his/her reintegration to the community. 
d. The biological parent(s) who decided to keep the child shall be provided with adequate services and
assistance to fulfill parental responsibilities.
  
2. Prospective Adoptive Parent(s) 
a. Biological Parents shall be counseled regarding their options: 
i. to disseminate basic information about adoption including the adoption process
and procedures and the effects of adoption.
ii. to inform them of the general background of children in need of adoptive homes
including children with special needs;
iii. to develop among prospective adoptive parents a respect for the child’s biological
origin and an awareness of the importance of telling the child that he/she is adopted.
iv. To provide a support group for adoptive parents which shall give them a venue
for sharing their adoption experiences.
 
b. A certificate shall be issued by the Department to the prospective adoptive parents attesting that they have
undergone pre-adoption services. The certificate shall be made a pre-requisite of the homestudy.
 
3. Prospective Adoptee 
a. A prospective adoptee shall be provided with counseling and other support services
appropriate to his/her age and maturity, and in a manner and language that the child comprehends,
especially to enable him/her to understand why he/she has been relinquished for adoption.
In the case of a prospective adoptee whose consent to his/her own adoption is necessary, the social
worker/counselor shall consider the child’s wishes and opinions, ensure that his/her consent is voluntary and duly
inform him/her of the effects of such consent.

Jierah R. Manahan, RN
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Bulacan State University-College