Family Code
Who may adopt (FC 183 v
Art. III, Sec. 7)
Aliens (FC 184-3) Alien is
Adoption by husband & wife
(FC 185 & 186)
Adoption by guardian (FC
184-1)
Who may be adopted
(prohibition in FC 187 v
RA 8552
1. person of age (18) 1. Filipino citizen
2. in possession of fully civil capacity & legal rts a. of legal age (18)*
3. in a position to support & care for his kids in keeping b. in possession of full civil capacity & legal rts*
w/means of the family c. in a position to support & care for his/her kids in
4. at least 16yrs older than person to be adopted when keeping w/means of the family*
adopter is parent by nature or sp of legitimate parent of d. at least 16 yrs older than adoptee except when
person to be adopted adopter is biological parent or is the sp of the
5. sps jointly/married person w/consent of sp except: adoptee’s parent (sufficient maturity to approximate
a. when 1 seeks to adopt his own illegit child natural filiation)*
b. when 1 sp seeks to adopt the legit child of other e. not been convicted of any crime involving moral
6. not disqualified under FC 184 turpitude (morally qualified; must convicted; pardon
won’t remove conviction)* [FC 184-2]
f. emotionally & psychologically capable of caring for
kids (don’t allow rich to adopt if they’re too
old/physically weak to take care of & rear kids. If he
wants to leave all his wealth to kid, can be done by
will)
g. those w/children of their own
h. single or married w/consent of sp
not allowed to adopt except: Alien allowed to adopt w/same qualifications as Fil citizens w/
1. fmr Fil citizen who seeks to adopt a relative by consanguinity following conditions:
2. 1 who seeks to adopt legit child of his Fil sp 1. his country has diplomatic relations w/ RP
3. 1 who’s married to a Fil citizen & seeks to adopt jointly w/his 2. living in the Phil for at least 3yrs prior to filing until
sp a relative by consanguinity of latter decree’s entered
3. certified by his diplomatic/consular office or any
appropriate agency that he has leg capacity to adopt in his
country
4. his gov’t allows adoptee to enter his country as his adopted
child
5. conditions may be waived for ff:
a. former Filipino citizen seeks to adopt relative w/in 4th
degree of consanguinity/affinity
b. one who seeks to adopt legitimate child of his/her
Filipino sp*
c.one who’s married to a Fil citizen & seeks to adopt
jointly w/his sp a relative w/in 4th degree of
consanguinity/affinity of the Filipino sp
1. H & W must jointly adopt except: 1. sps shall jointly adopt except:
a. when 1 sp seeks to adopt his own illegit child a. if 1 sp seeks to adopt legit child of other*
b. when 1 sp seeks to adopt legit child of the other b. if 1 sp seeks to adopt his own illegit child w/consent
2. in case sps jointly adopt or 1 sp adopts legit child of other, of other sp
joint parental authority shall be exercised in accordance c. sps are legally separated
w/FC 2. in case sps jointly adopt or 1 sp adopts illegit child of
other, joint parental authority shall be exercised by sps
(why illegit? There’s only one adopter in this case)
Guardian WRT ward after approval of final accounts rendered guardian WRT ward after termination of guardianship &
upon termination of guardianship relations clearance of his financial accountabilities
May not be adopted: May be adopted:
1. person of leg age unless child by nature of adopter or his sp 1. below 18 (adult is old enough to take care of himself.
Sec. 8) or prior to adoption said person had been continuously
considered & treated by adopter as his own child during
minority
2. alien whose gov’t the RP has no diplomatic relations
3. person who’s already been adopted unless adoption’s been
revoked or rescinded (w/drawn or annulled)
Consents necessary to Needs written consent:
adoption (FC 188 v Sec. 9) 1. person to be adopted if 10 yrs or above
2. biological parents, leg guardian/proper gov’t instrumentality
3. legit & adopted kids, 10 yrs or above, of adopting parent/s
4. illegit kids, 10 yrs or above of adopting parent if living
w/said parent & latter’s sp if any
5. sp if any of person adopting or to be adopted
age limit used to be 14 but now reduced to 10 considering that
such kids already have sufficient discernment to decide WON they
like to be adopted by another person. Reason: avoid emotional &
psychological damage & preserve harmony & happiness in family
& avoid conflict at home.
Effects (FC 189) 1. Civ purposes: legit child of adopter/s & both shall acquire
reciprocal rts & oblig arising fr relationship of parent & child
including rt of adopted to use surname of adopters
2. parental authority of biological parents terminated & vested
in adopters except if adopter is sp of parent by nature of
adopted, parental authority over adopted shall be exercised
jointly by both sps
3. adopted child shall remain an intestate heir of biological
parents & other blood relatives
Succession (FC 190 v Sec. Legit/intestate succession to estate of adopted shall be governed
18) by ff rules:
(1) Legitimate and illegitimate children and descendants and the
surviving spouse of the adopted shall inherit from the
adopted, in accordance with the ordinary rules of legal or
intestate succession;
Sharing of mat’l adv may be done by will or by simply
giving. Adoption ratio: give poor, orphaned or abandoned
little children adv & blessings of parents who’d love,
support, rear & educate them until they’re old enough to
take care of themselves) who has been
administratively/judicially declared available for adoption
(voluntarily or involuntarily committed to DSWD or duly
licensed & accredited child-placing/child-rearing agency
freed fr parental authority of his/her biological parent/s or
guardian or adopter/s in case of recission)
2. legit child of one sp by the other sp
3. illegit child by qualified adopter to improve child’s status
to that of legitimacy
4. person of leg age if prior to adoption, said person has
been consistently considered & treated by adopters as his
own since minority
5. child who’s adoption has been previously rescinded
6. child whose biological/adoptive parent/s has died
provided that no proceedings shall be initiated w/in 6mos
fr time of death of said parent
Needs written consent to be presented during hearing of
petition; need not be pub document:
1. adoptee if 10 yrs or over*
2. biological parents of child if known or leg guardian or
proper gov’t instrumentality w/c has leg custody of kid*
(not needed if parent’s been deprived by court of parental
authority over child; mom if child’s illegit)
3. legit & adopted kids, 10 yrs or over, of adopter/s &
adoptee if any
4. illegit kids, 10 yrs or above if living w/adopter & latter’s
sp if any*
5. sp if any of person adopting or to be adopted*
1. parental authority: leg ties bet biological parents &
adoptee severed & vested on adopters except if biological
parent is other sp of adopter (Sec. 16)*
2. status: legit kid of adopter for all intents & purposes & is
entitled to all rts & oblig provided by law to legit kids born
to them w/o discrimination.* Adoptee’s entitled to love,
guidance, & support in keeping w/means of family (Sec.
17)
Successional rts: leg & intestate succession, adopter/s &
adoptee shall have reciprocal rts w/o distinction fr legit
filiation. If adoptee & his biological parent/s left a will, law on
testamentary succession shall govern (not sure if this repealed
FC 190)

Recission (FC 190 & 191 vs.
Sec. 19)
Effects of Rescission (FC
(2) When the parents, legitimate or illegitimate, or the legitimate
ascendants of the adopted concur with the adopter, they
shall divide the entire estate, one-half to be inherited by the
parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the
adopted concur with the adopters, they shall divide the
entire estate in equal shares, one-half to be inherited by the
spouse or the illegitimate children of the adopted and the
other half, by the adopters.
(4) When the adopters concur with the illegitimate children and
the surviving spouse of the adopted, they shall divide the
entire estate in equal shares, one-third to be inherited by
the illegitimate children, one-third by the surviving spouse,
and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire
estate; and
(6) When only collateral blood relatives of the adopted survive,
then the ordinary rules of legal or intestate succession shall
apply.
1. By adoptee: Upon petition of adoptee or if minor/incapacitated w/DSWD
a. minor/incapacitated: judicially rescinded upon petition of assistance may be rescinded on following causes committed
anyone authorized by court/proper gov’t instrumentality by adopter:
acting on his behalf on same grounds for loss/suspension of 1. repeated physical & verbal maltreatment despite having
parental authority (see FC 229-232) undergone counselling
b. at least 18: child may petition for judicial rescission same 2. attempt on life of adoptee
grounds for disinheriting ascendants (adopter abandoned 3. sexual assault or violence
adopted or induced adopted daughter to live 4. abandonment & failure to comply w/parental obligations
corrupt/immoral life or attempted against her virtue;
adopter’s convicted of attempt vs life of adopted or his/her adopter/s not allowed to rescind since adoption’s in the best
sp or descendants; adopter falsely accused adopted of crime interest of the child. May disinherit adoptee for causes under CC
w/penalty of 6yrs or more imprisonment; adopter’s 919.
convicted of adultery/concubinage w/sp of adopted; adopter
loses parental authority; adopter refuses to support adopted
w/o just cause; adopter makes an attempt on life his sp
who’s also an adopting parent (from CC 920)
2. By adopter thru judicial rescission in any of ff causes:
a. adopted committed any act constituting ground for
disinheriting descendant (CC 919 – conviction of attempt
against life of testator or his/her sp, descendants or
ascendants; accused testator of crime punishable by 6 yrs or
more imprisonment, if accusation has been found
groundless; conviction of adultery/concubinage w/sp of
testator; caused testator to make a will or change one
already made by fraud, violence, intimidation or undue
influence; refusal w/o just cause to support testator;
maltreatment of testator by word/deed; living
dishonorable/disgraceful life; conviction of crime w/c carries
penalty of civ interdiction
b. adopted has abandoned home of adopters during minority
for at least 1 yr or by some other acts, has definitely
repudiated adoption
1. minor at time of judicial rescission, court shall reinstate parental 1. Minor/incapacitated: restore parental authority of
193 v. Sec. 20) authority of biological parents unless disqualified/incapacitated biological parents/leg custody of DSWD
wherein court shall appoint guardian (same proceedings) 2. Reciprocal rts & oblig of adopter/s & adoptee to each
2. physically/mentally handicapped: court shall appoint guardian other shall be extinguished*
(same proceedings) 3. Court order Civ Registrar to cancel amended birth cert of
3. extinguish all reciprocal rts & oblig bet adopters & adopted rising adoptee & restore orig one*
fr relationship of parent & child 4. succession rts: revert to prior status but only as of date
4. adopted loses rt to use adopter/s’ surname & resume using of judgment of judicial rescission. Vested rts prior to
surname prior to adoption judgment shall be respected.
5. court order amendment of records in proper registries 5. w/o prejudice to penalties if crim’l acts are proven

Additional provisions of RA 8552:

1. Crime of simulation of birth (Sec. 21)
 Intended to curb/prevent such acts done by people who want to avoid trouble & expenses of jud’l adoption to simply register adopted child in their names
 Any person who causes fictitious registration of birth of child under name/s of person/s not his/her biological parent/s
 Punishable by prision mayor medium + fine not exceeding P50k
 Includes physician/nurse/hospital personnel who cooperated in execution of crime, similar penalties apply + permanent disqualification
2. Rectification of simulated birth (Sec. 22) – not punished if:
 such was made for best interest of child
 he/she has been consistently considered & treated by the person as his/her own son/daughter
 application for correction of birth reg & petition for adoption filed w/in 5yrs from effectivity of act & completed thereafter
 person complies w/procedures specified in Art. IV & other requirements determined by DSWD