ADOPTION

Concept of Adoption

Adoption is a juridical act, a proceeding in rem, which creates between two persons a
relationship similar to that which results from legitimate paternity and filiation. Commented [RdlR1]: Misconception: 1. Adoption is
limited to adopting a child not related by blood.
Purpose of Adoption There are many statutes that allows adoption of persons
who are related by blood to the adopter.
Adoption is for the benefit of the children to be adopted. Adoption is thus given a social and
moral purpose; that is, that is to extend to the orphan or to the child of the indigent, the Commented [RdlR2]: Misconception: Adoption is for the
benefit of the adopter; persons who had no children so that
incapacitated or the sick, the protection of society in the person of the adopter. ( Tolentino,
they may experience the joys of paternity and have an
Commentaries and Jurisprudence on the Civil Code of the Philippines, , Vol. 1, 1990, pp. 554) object for the manifestations of instinct of parenthood
One of the effects of adoption is that the adopted is deemed to be a legitimate child of the
adopter for all its intents and purposes pursuant to Article 189 of the Family Code and Section
17 Article V of RA 8552 (insert footnote for Sec 17 RA 8552)

Child Welfare Paramount

In determining whether adoption shall be allowed, the welfare of the child is the primary
consideration.
( Tolentino, Commentaries and Jurisprudence on the Civil Code of the Philippines, , Vol. 1,
1990, pp. 554)

In all controversies regarding the custody of minors, the sole and foremost consideration is
the physical, educational, social and moral welfare of the child concerned, taking into account
the respective resources and social and moral situations of the contending parents (Unson III
v. Navarro GR No 52242, 101 SCRA 183, 189 (1980))

Only by Judicial Decree

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. The fact of adoption is never presumed
but must be affirmatively proved by the person claiming its existence. Proof required to
establish adoption of a child is thru judicial decree of adoption. ( Lazation v. Campos 92 SCRA
250-251)