7/29/2019 Title VII Adoption

1/2

Title VII

ADOPTION

Adoption is defined as the process of making a child, whetherrelated or not to the adopter, possess in general, the rightsaccorded to a legitimate child.

Prasnick v. Republic, 98 Phil. 665The Supreme Court, thru Mr. Justice Felix Angelo Bautista,

held that the modern trend is to consider adoption not merelyas an act to establish a relationship of paternity and filiation,

but also as an act which endows the child with a legitimate

status.

The philosophy behind adoption statutes is to promote the

welfare of the child and every reasonable intendment shouldbe sustained to promote that objective.

In Republic of the Phils. v. Hon. Zenaida Elepano, GR 92542,

Oct. 15, 1991, the Supreme Court, speaking thru JusticeEdgardo L. Paras, held that private respondents adoption ofthe minors shall redound to the best interests of the latter.

Lazatin v. Hon. Judge Campos L-43955-56, July 30, 1979

92 SCRA 250

Adoption is a juridical act, a proceeding in rem, which createsbetween two persons a relationship similar to that which

results from legitimate paternity and filiation.

WHO MAY ADOPT

Any person provided he is:

1. Of age2. In possession of full civil capacity and legal rights3. In a position to support and care for his legitimate

and illegitimate children, in keeping with the meansof the family

4. At least 16 years older than the person to beadopted, unless:

a. The adopter is the natural parent of thechild to be adopted, or

b. The adopter is the spouse of the legitimateparent of the person to be adopted

WHO MAYNOT ADOPT

1. Guardian with respect to ward before finalaccounting

2. Person convicted of crime involving moral turpitude3. Alien

Exceptions (An alien may adopt):

a. Former Filipino adopting a relative byblood

b. Alien adopting legitimate child of Filipinospouse

c. Joint adoption by Alien and Filipinospouse of latters blood relative

d. Those allowed by rules on inter-countryadoption

WHO MAYNOT BE ADOPTED

1. Person of legal ageException: An adult may be adopted if he is:

a. A child by nature of adopter or of spouseb. Consistently considered by adopter as his own

child during minority2. Alien whose country has no diplomatic relations

with the Philippines3. Person previously adopted (not yet revoked)

GENERAL RULE:HUSBAND AND WIFE MUST JOINTLY ADOPT

Exceptions

1. One spouse adopts his/her illegitimate child2. One spouse adopts legitimate child of the other

WRITTEN CONSENTNECESSARY FORADOPTION

1. Person to be adopted, if 10 years old or over2. Natural parents or legal guardian of the person to be

adopted

3. Legitimate children of the adopter, 10 years old orover4. Adopted children of the adopter, 10 years old or

over

5. Illegitimate children of the adopter, 10 years old orover and living with him

6. Spouse of the adopted, if married7. Spouse of the adopter, if married

EFFECTS OF ADOPTION

1. Deemed a legitimate child of the adopter2. Acquired reciprocal rights and obligations arising

from parent-child relationship3. Right to use surname of the adopter4. Parental authority of natural parents terminates and

vested in adopter5. Remains intestate heir of natural parents and blood

relatives6. Legitimate brothers and sisters (whether full of half

blood)

Republic v. Vergara 80 SCAD 869 (1997)

Philippine law does not provide for an alien who is married toa former Filipino citizen seeking to adopt jointly with his orher spouse a relative by consanguinity, as an exception to the

general rule that aliens may not adopt.

Maricada v. Aglubat GR L-24006, Nov. 25, 1967The status of adoption once created under the proper foreignlaw will be recognized in this country, except where public

policy or the interests of its inhabitants forbid its enforcementand demand the substitution of the lex fori (foreign law)

Bobanovic v. Montes GR 71370, July 7, 1986

Where the adopted is a non-resident alien, he must submit to afamily, case study in his home State. Where such study isfavorable, then the judgment of adoption by our local courtshall be given effect and the rule that the adopted child and

7/29/2019 Title VII Adoption

2/2

adopting parents must live together can apply and mandamuswill lie for issuance of a travel permit to the child to enablethe latter to join the adopting parents abroad.

Republic v. CA and Sps. Hughes GR 100835, Oct. 26, 1993

45 SCAD 496

Adoption creates a status that is closely assimilated to

legitimate paternity and filiation with corresponding rightsand duties that necessarily fl ow from adoption, such as, but

not necessarily confi ned to, the exercise of parental authority,use of surname of the adopter by the adopted, as well assupport and successional rights. These are matters that

obviously cannot be considered inconsequential to the parties.

Republic v. Toledano

GR 94147, June 8, 1994, 52 SCAD 124

The mandatory joint adoption by husband and wife is inconsonance with the concept of joint parental authority overthe child, which is the ideal situation. As the child to be

adopted is elevated to the level of a legitimate child, it is butnatural to require the spouses to adopt jointly. Also, Art 185insures harmony between the spouses.

Cervantes v. Fajardo GR 79955, Jan. 27, 1989

A decree of adoption has the effect, inter alia, of dissolvingthe authority vested in natural parents over the adopted child,

except where the adopting parent is the spouse of the naturalparent of the adopted, in which case parental authority overthe adopted child shall be exercised jointly by both spouses.The adopting parents have the right to the care and custody of

the adopted child and exercise parental authority andresponsibility over him.

Republic Act 8043

AN ACT ESTABLISHING THE RULES TO GOVERN

INTER-COUNTRY ADOPTION OF FILIPINO

CHILDREN, AND FOR OTHER PURPOSES

SEC. 8. Who May Be Adopted. Only a legally free child

may be the subject of inter-country adoption.SEC. 9. Who May Adopt. Any alien or a Filipino citizen

permanently residing abroad may file an application for intercountry adoption of a Filipino child if he/she:

1. is at least twenty-seven (27) years of age and at leastsixteen (16) years older than the child to be adopted, atthe time of application unless the adopter is the parent bynature of the child to be adopted or the spouse of such

parent;2. if married, his/her spouse must jointly file for the

adoption;3. has the capacity to act and assume all rights and

responsibilities of parental authority under his nationallaws, and has undergone the appropriate counseling froman accredited counselor in his/her country;

4. has not been convicted of a crime involving moralturpitude;

5. is eligible to adopt under his/her national law;6. is in a position to provide the proper care and support

and to give the necessary moral values and example to

all his children, including the child to be adopted;

7. agrees to uphold the basic rights of the child as embodiedunder Philippine laws, the U.N. Convention on theRights of the Child, and to abide by the rules and

regulations issued to implement the provisions of thisAct;

8. comes from a country with whom the Philippines hasdiplomatic relations and whose government maintains a

similarly authorized and accredited agency and thatadoption is allowed under his/her national laws; and

9. possesses all the qualifications and none of thedisqualifications provided herein and in other applicablePhilippine laws

(Lahom v. Sibu lo, 406 SCRA 135 [2003]).

In such capacity, the Philippines accepts the principle that

adoption is impressed with social and moral responsibility,and that its underlying intent is geared to favor the adoptedchild.

(Lahom v. Sibu lo, 406 SCRA 135 [2003]).

It is the legitimate status of the adopted child not only in hisnew family but also in society as well. The new law

withdraws the right of an adoption to rescind the adoptiondecree and gives to the adopted child the sole right to severethe legal ties created by adoption.