ADOPTION CLASS NOTES

Legitimation established by being born, or through ADOPTION

9/23/2008 4:37:00 PM

Children who are adopted are deemed to be the legitimate children of the adopters.

New Laws: Domestic Adoption Law of 1998 [Maam Beth wrote this law! But by the time we take the Bar, theres a new law that combines domestic and inter-country adoption that she just drafted last month]

Pre-Adoption Procedures - Makes sure of the rights of the prospective parents, rights of the child, and also the rights of the biological parents who decide to give up their child for adoption. Counseling biological parents. Grace period is the most important purpose of counseling, 6month period creates a non-binding commitment they could still change their mind within their period. Situation of biological parents poor families. Decision might be a hurried decision, so counseling is important to make sure the biological mother (of these illegitimate children) is certain of giving up her child. Pressured because absent of support, resources, so DSWD has to ascertain that she is sure that she is unable to take care of the child. Option/Alternative for Adoption: leave your child with the child-caring agency and look for work, or solvent relatives (tell your parents! Find people to support you!). Adoptive Parents Final, legal implications and consequences, not something you can just terminate and change Adoptee at least 2 or 3 years old, nangingilala, information given to the adoptee is tailorfit to their maturity. Old Laws did not have these procedures.

Adoption Procedures Simultaneous, different social workers for each party Child 1. Biological parent goes to DSWD Counseling a. Deed of Voluntary Commitment (DVC) is signed by the mother 6 months to reconsider her decision b. Without the DVC, Locate the unknown parents (tri-media announcement: TV, radio, newspaper) Petition for declaration of abandonment child becomes ward of the state. Prospective Adoptive Parent 1. Inquiry 2. Adoption forum legal consequences, psychological tips 3. Application DSWD Case Study Report 4. Matching 15-20 children for one or two applicants can specify preferences [gender girls are more adoptable because they dont have to go out often, feeling safer with the girl; age

2. If mother does not come back for the child after the period, child becomes a legally available for adoption. 3. DSWD creates a child case study report

younger birth to 1-year-old child will have no knowledge of another set of parents, no bad habits, instill values to a blank slate] 5. Placement 6. Supervised Trial Custody adjustment period, bonding 7. Recommendation and Consent DSWD 8. File a petition for adoption (only time when lawyers enter the picture) Decree of adoption

List of Children: arranged younger older children (more difficult to place); prospective parents always prefer infants (so that they could conceal to the children that they are adopted, but in this country, NOTHING is secret), older children become more un-adoptable . But you cant insist super young children [newborn 3-month-old] because of the legally mandated six-month reconsideration period. Being adopted is just a way of being part of a family. Nothing wrong with that. Worst is when child finds out about it during his/her teenage years. Next to midlife crisis, this is a v. complicated period, finding out identity. Rule: Try not to separate siblings, but prospective parents rarely choose siblings (but Prof. Pangalangan had a case of such) Estimated Time of Adoption Completion: more than a year, because of the six-month period, but it could go as much as three years [Manila, really ineffective Family Court judges so slow; Quezon City is good :D] Two-in-one: Declaration of abandonment + Petition for adoption Three-in-one: Correction/cancellation of simulation of birth + Two-in-one * You have to logroll the causes more expedient and more cost-efficient. Risk placement newborn, Chinese, boy, this specific, mother might come back for the child, but its okay because these children need homes. Simulated Birth without a judicial decree of adoption, the child is not legally theirs, biological mother/father has the legal claim

Who may adopt? Sec. 7 of RA No. 8552 o o Citizen Aliens

Emphasis on diplomatic relationship of country of origin and the Philippines, for safeguards and to make sure the child is treated well

Residence requirement of three years does not have to be airtight 3 years, they are allowed to be away for 60 days in a year. DFA wanted just a two-year requirement due to the usual tenure of assignments, DSWD wanted a 5-year period [to establish good faith]. This can also be shortened for special circumstances [in Family Code, they were also mentioned, because aliens are barred from adopting in this Code, except for these circumstances: former Filipino adopting a blood-relative; spouse of Filipino adopting his/her spouses illegitimate child; spouse of a Filipino jointly adopting a blood-relative]

Family Code is not sympathetic to foreigners who have lived and worked here and are culturally compatible with the Philippines already and want to adopt.

In Re: Edwin Villa - Determined that an older sister can adopt her biological brother absent provisions barring such. No confusion because one relationship is biological and one is by fiction of law. And, the legal fiction is exclusive to the parent and adopted child. Bobiles Husband is not the only person who should give consent in status quo. [No vested right] Toledano Both couples were not able to fall in the ambit of exceptions from the general bar of aliens to adopt children in the Philippines [Family Code]. Lesson: plan your lives well [this would have been possible if she adopted before changing her nationality]. Miller PD 603 allows aliens to adopt, vested right

Nature of Proceedings Aranzanzo abandoned child, no need to notify parents. Abandonment any conduct of the parent that suggest forgoing of parental duties

Consent Necessary for Adoption Langdan liberally construe adoption statutes, consent could come from the person in possession of custody of the child in question. Can the Arazanzo relative and the Langdan lawyer give consent? Not in RA 8255, the legal guardians court appointed - are the ones who supposed to give the consent. But relative, most likely.