Codal Adoption

Question 1

Who may adopt

Answer 1

Filipino citizen [Sec. 7 (a)]:
a. Of legal age
b. In a position to support and care for his/her children in keeping with the means of the family
c. Good moral character
d. In possession of full civil capacity or legal rights
e. At least 16 years older than the adoptee, except when:
i. Adopter is the biological parent of the adoptee
ii. Adopter is the spouse of the adoptee’s parent
f. Has not been convicted of any crime involving moral turpitude
g. Emotionally and psychologically capable of caring for children

2. Alien (S-DELL)
   a. Same qualifications as a Filipino
   b. Country has diplomatic relations with the Philippines.
   c. Certified by said office that his government allows the adoptee to enter his country as his adopted child
   d. Has been living in the Philippines for at least three (3) continuous years prior to the application for adoption and maintains such residence until the adoption decree is entered,
   e. Certified to have legal capacity to adopt by his/her diplomatic or consular office but certification may be waived in the same instances for waiver of residency requirement in (c)
3. Guardian (TC) [Sec. 7(c)]
   a. After termination of the guardianship, with respect to the ward, and
   b. Clearance of his/her financial accountabilities

Question 2

Rule on adoption by spouses

Answer 2

General rule: The husband and the wife shall JOINTLY ‘
adopt.
Exceptions: (LIS)
1. One spouse seeks to adopt the legitimate child of the other spouse
2. One spouse seeks to adopt his/her own illegitimate child with the consent of the other spouse
3. The spouses are legally separated

Question 3

Who may be adopted: (Sec. 8) (DARILL)

Answer 3

1. Child whose biological or adoptive parents have died, provided that no proceedings shall be initiated within 6 months from the time of death of said parents
2. Any person below 18 years of age who has been voluntarily committed to the DSWD under P.D. 603 or judicially declared available for adoption
3. Child whose adoption has been previously rescinded
4. Illegitimate child of a qualified adopter to improve the child’s status
5. Legitimate child of the other spouse
6. A person of legal age, who, prior to the adoption, has been consistently considered by the adopter as his/her own child since minority

Question 4

Consent in adoption (Sec. 9) (A-BALIS)

Answer 4

The written consent of the following is required:
1. The adoptee, if he is 10 years of age or older;
2. Known biological parents or legal guardians or proper government instrumentality which has legal custody of the child;
3. Legitimate/adopted children, 10 years old or over, of the adopter and adoptee;
4. The illegitimate children, 10 years old or over, of the adopter if living with the adopter and the latter’s spouse;
5. Spouse of the adopter and adoptee

Question 5

Effects of Adoption: (SAL)

Answer 5

1. Severance of legal ties between the biological parents and the adoptee, which shall be vested in the adopters.
   Exception: if the biological parent is the spouse of the adopter (Sec. 16).
2. Adoptee shall be considered as a legitimate child of the adopter(s) for all intents and purposes (Sec. 17).
3. In legal or intestate succession, the adoptee and the adopter(s) shall have reciprocal rights of succession without distinction from legitimate filiation. However, if. there is a will, the rules on testamentary succession shall be followed (Sec. 18).

Question 6

Rescission of adoption (Sec. 19) - by ADOPTEE ONLY

Answer 6

Grounds: (ASAR)
1. Attempt on the life of the adoptee
2. Sexual assault or violence
3. Abandonment and failure to comply with parental
obligations
4. Repeated physical or verbal maltreatment by the
adopter despite having undergone counseling

Question 7

Effects of rescission: (Sec. 20) (PRAS)

Answer 7

1. Parental authority of adoptee’s biological parents or
   legal custody of DSWD shall be restored if adoptee is ‘
   still a minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and
   the adoptee to each other shall be extinguished.
3. Amended certificate of birth of the adoptee shall be
   cancelled and its original shall be restored.
4. Succession rights shall revert to their status prior to the
   adoption, but vested rights shall be respected.

Question 8

INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043) Who may be adopted

Answer 8

Only a “legally-free child” may be the subject of inter-country adoption

Question 9

Legally-free Child

Answer 9

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

Question 10

Intracountry adoption Who may adopt (Sec. 9)

Answer 10

1. Any alien or
2. Filipino citizen, both permanently residing abroad

Question 11

Inter country adoption Conditions: (JAC-NERD–PQ)

Answer 11

1. If married, his/her spouse must jointly file for the
   adoption
2. At least 27 years of age and at least 16 years older than
   the child to be adopted, at the time of the application
   unless the adopter is:
   a. Parent by nature of the child to be adopted or
   b. Spouse of such parent
3. Capacity to act and assume all rights and
   responsibilities of parental authority under his/her
   national laws, and has undergone the appropriate
   counseling from an accredited counselor in his/her
   country
4. Has not been convicted of a crime involving moral
   turpitude
5. Eligible to adopt under his/her national law
6. Agrees to uphold the basic rights of the child as
   embodied under Philippine laws, the U.N. Convention