VII.

ADOPTION
*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA
8552(Domestic Adoption Act) and

ADOPTION A juridical act which creates between two persons a relationship similar to that which results
from legitimate paternity and filiation.

ADOPTION vs. LEGITIMATION:

Similarities: both given status of a child born in lawful wedlock of the parents adopting or legitimizing it.
Differences:
LEGITIMATION ADOPTION
Persons Only natural children Generally applies to
affected strangers
Procedure Extrajudicial acts of parents Always by judicial decree
Who applies Only by both parents By one parent alone
Effect Same status and rights as a Creates a rel. only between
legitimated child not only in the child and the adopting
rel. to the legitimizing parent
parents but also to other
relatives

ADOPTION ONLY BY JUDICIAL DECREE:

o It is a juridical act, a proceeding in rem
o 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. Cannot be granted administratively.
o A mere agreement between adopter and parents is not a valid adoption, nor the mere fat
that child has lived with the alleged adopter who has treated him like his own child sufficient to
establish a valid adoption.
o Fact of adoption is not presumed but must be affirmatively proved by the person claiming its
existence (through the juridical decree).

A. WHO MAY ADOPT

*Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they
are adopting their own illegitimate children in order to elevate their status, the reason being that, the old
concept of adoption considered it mainly for the benefit of persons who have not been blessed with
children or who have lost them.

(NOTE: texts in bold indicate provisions which are changed by RA 8552)

FAMILY CODE
Art. 183
1. person of age (18)
2. in possession of fully civil
capacity & legal rights
3. in a position to support & care for
his kids in keeping w/means of
the family
4. at least 16yrs older than person
to be adopted unless the
adopter is the parent by nature
or sp of legitimate parent of
person to be adopted
5. spouses jointly/married person
w/consent of sp except:
a. when 1 seeks to
adopt his own illegit child
b. when 1 sp seeks to
adopt the legit child of other
6. not disqualified under FC 184
RA 8522
Sec. 7
a) Any Filipino citizen:
o of legal age
o in possession of full civil
capacity & legal rts
o of good moral character*
o not been convicted of any
crime involving moral turpitude
o emotionally &
psychologically capable of caring
for children*
o in a position to support &
care for his/her kids in keeping
w/means of the family
o at least 16 yrs older than
adoptee and who is in a position
to support and care for his/her
children in keeping with the
means of the family. 16 years
difference may be waived when
 • Full civil rights
– must have no
curtailment of civil rights so that he
could fully exercise parental
authority
– must not be
suffering from limitations on capacity
to act such as minority, insanity or
imbecility, deaf-mutism, prodigality,
and civil interdiction.
• No prohibition for relatives to adopt
one another, except in cases enumerated
• Permits the adoption of illegitimate
children by their own parents because if
the latter want to make amends, they
should be encouraged. It shall raise the
child to a legitimate status.
Art. 184. The following persons may not
adopt:
(1) The guardian with respect to the
ward prior to the approval of the final
accounts rendered upon the
termination of their guardianship
relation;
(2) Any person who has been convicted
of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks
to adopt a relative by consanguinity; *
(b) One who seeks to adopt the
legitimate child of his or her Filipino
spouse; or *
(c) One who is married to a Filipino
citizen and seeks to adopt jointly with
his or her spouse a relative by
consanguinity of the latter.*
Aliens not included in the foregoing
exceptions may adopt Filipino children
in accordance with the rules on inter-
country adoptions as may be provided
by law. (28a, E. O. 91 and PD 603)
• Aliens –
• stricter in adoption by aliens
compared to PD 603 because
children adopted by aliens suffered
cultural and psychological shock and
could not adjust to their new lives in
the foreign countries
• Some pedophiles simply abandoned
the children after they had satisfied
their sexual desires on them in their
foreign homes
adopter is biological parent or is
the sp of the adoptee’s parent
b) Any alien possessing the same
qualification as above stated for Filipino
nationals, provided that:
1. his country has diplomatic
relations w/ RP
2. living in the Phil for at
least 3yrs prior to filing until
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) guardian with respect to the ward
after termination of guardianship &
clearance of his financial
accountabilities
Husband &Wife shall jointly adapt
except in the ff cases:
a. if 1 sp seeks to adopt legit
child of other
b. if 1 sp seeks to adopt his
own illegitimate child w/consent of
other spouses
c. spouses are legally
separated*
In case husband and wife jointly adopt,
or one spouse adopts the illegitimate
son/daughter of the other, joint
parental authority shall be exercised by
the spouses.
• The adopted or adopter may be single
or married, but if married, the consent to
the adoption of his or her spouse is
needed.
• Age difference of 16 years
-to give assurance that adopter has
the sufficient maturity to fill the role of
a parent to the adopted child. Also, to
approximate natural filiation as much
as possible.
• No conviction of crime involving moral
turpitude
– adopter should
be morally qualified to do so.
 • Alleged cases where children were
killed for organ transplants in the
foreign countries.
• By restricting, there is some
assurance that adopted children will
receive love, care and protection
Art. 185
• H & W must jointly adopt except:
a. when 1 sp seeks to adopt
his own illegit child
b. when 1 sp seeks to adopt
legit child of the other
Art. 186
• in case sps jointly adopt or 1 sp
adopts legit child of other, joint
parental authority shall be
exercised in accordance w/FC
• Husband and wife may jointly adopt a
child. However, it is not obligatory. One
spouse can adopt alone, but the consent
of the other is required.
• If they adopt jointly, they shall have
joint parental authority over the adopted
child.
• Reason: to prevent dissension
between spouses.
• TOLENTINO: Legal separation
terminates the common life between
spouses and the reason for requiring the
consent of one spouse for the adoption
made by the other no longer exists
B. WHO MAY BE ADOPTED:
FAMILY CODE
Art. 187. The following may not be
adopted:
(1) A person of legal age, unless he or
she is a child by nature of the adopter
or his or her spouse, or, prior to the
adoption, said person has been
consistently considered and treated by
the adopter as his or her own child
during minority.
(2) An alien with whose government the
Conviction is necessary bec. Of the
presumption of innocence. Pardon
does not remove disqualification.
• Emotionally and psychologically
capable and in a position to support
family in keeping with the means
– parent assumes
all duties and responsibilities of
rearing, caring, educating, supporting
and molding the character of child for
the development of his character and
well-being. A person who is rich but
too old or too week should not be
allowed.
• Aliens
- Liberalized the restrictions on
adoption by aliens imposed by the Family
Code.
- Aliens may now adopt subject to the
conditions/provided that qualifications are
satisfied.
• Adoption by H & W
-“one spouse adopts the illegitimate
child of the other” - in this case, only
one is the adopter, although with the
consent of the other spouse.
-If spouses are legally separated, no
need for joint adoption and the
consent of the other is not necessary.
• Guardians
-may adopt both under FC and RA
8522 provided that guardianship is
terminated and he has been cleared
of his financial accountabilities.
- Reason: to prevent guardian
who has misused or misappropriated
the funds or properties of his ward to
resort to adopting his ward to avoid an
accounting of such funds or properties
and possible criminal action.
RA 8522
SECTION 8. Who May Be Adopted. — The
following may be adopted:
(a) Any person below eighteen (18)
years of age who has been
administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one
spouse by the other spouse;
(c) An illegitimate son/daughter by a
qualified adopter to improve his/her
Republic of the Philippines
diplomatic relations; and
(3) A person who has already been
adopted unless such adoption has been
previously revoked or rescinded. (30a,
E. O. 91 and PD 603)
has no status to that of legitimacy;
(d) A person of legal age if, prior to the
adoption, said person has been
consistently considered and treated by
the adopter(s) as his/her own child
since minority;

• Plurality of Adoption – A person (e) A child whose adoption has been

cannot have two adopting
fathers/mothers. But the adoption of a
child by a married man will not bar a
subsequent adoption of the same child
by the wife of the adopting parent (jointly
adopted). Upon the death, or when
adoption was rescinded or revoked, only
then can the child be adopted again by
another.
• Adoption of an adult is not allowed:
- he is old enough to take care of
himself and does not have to depend
on anyone else to do so. If the reason
is to share material advantages with
the adopted, he can do so by simply
giving the latter financial assistance
and leaving him something in his will.
- The rationale of adoption is to give
poor, orphaned, abandoned children
the advantages and blessings of having
parents who would love, support,
protect, rear and educate them until
old enough
• Enumerated who MAY NOT be
adopted instead of MAY BE adopted.
previously rescinded; or
(f) A child whose biological or adoptive
parent(s) has died: Provided, That no
proceedings shall be initiated within six
(6) months from the time of death of
said parent(s).“administratively or
judicially declared available for adoption”
- voluntarily or involuntarily committed
to the Department or to a duly licensed
and accredited child-placing or child-
caring agency, freed of the parental
authority of his/her biological parent(s) or
guardian or adopter(s) in case of
rescission of adoption.
- "Voluntarily committed child" is one
whose parent(s) knowingly and willingly
relinquishes parental authority to the
Department.
- "Involuntarily committed child" is one
whose parent(s), known or unknown, has
been permanently and judicially deprived
of parental authority due to
abandonment; substantial, continuous, or
repeated neglect; abuse; or
incompetence to discharge parental
responsibilities.

C. PRE-ADOPTION

PRE-ADOPTION – counseling services for the biological parents of adoptee, prospective adoptive parents,
and prospective adoptee.

Section 4 under Art. 111 of Rules and Regulation to implement RA 8552:

1. Biological Parent(s)
a. Biological Parents shall be counseled regarding their options:
i. to keep the child and avail of services and assistance;
ii. avail of temporary child care arrangements such as foster care; or
iii. relinquish the child for adoption
b. Topics to focus on:
i. the loss of parental rights over the child and as a rule, not having further
contact with the child;
ii. the importance of providing relevant information on the child, their own
medical history and family background;
iii. the possibility that the child may be placed for adoption within the Philippines
or in a foreign country;
 iv. the possibility that in the future, there may be communication with the child
at their or the child’s initiative.
v. the right to reconsider his/her decision to relinquish his/her child within six (6)
months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the
Department.
c. Continuing services shall be provided after relinquishment to cope with feelings of loss, etc. and
other services for his/her reintegration to the community.
d. The biological parent(s) who decided to keep the child shall be provided with adequate services and
assistance to fulfill parental responsibilities.

2. Prospective Adoptive Parent(s)

a. Biological Parents shall be counseled regarding their options:
i. to disseminate basic information about adoption including the adoption
process and procedures and the effects of adoption.
ii. to inform them of the general background of children in need of adoptive
homes including children with special needs;
iii. to develop among prospective adoptive parents a respect for the child’s
biological origin and an awareness of the importance of telling the child that he/she is adopted.
iv. To provide a support group for adoptive parents which shall give them a
venue for sharing their adoption experiences.

b. A certificate shall be issued by the Department to the prospective adoptive parents attesting that
they have undergone pre-adoption services. The certificate shall be made a pre-requisite of the
homestudy.

3. Prospective Adoptee
a. A prospective adoptee shall be provided with counseling and other support services
appropriate to his/her age and maturity, and in a manner and language that the child
comprehends, especially to enable him/her to understand why he/she has been relinquished for
adoption.
b. In the case of a prospective adoptee whose consent to his/her own adoption is
necessary, the social worker/counselor shall consider the child’s wishes and opinions, ensure that
his/her consent is voluntary and duly inform him/her of the effects of such consent.

D. ADOPTION PROCEDURE

Article 5, Rules and Regulations to implement RA 8552:

Steps 1 and 2 for prospective adopters. Step 3 and 4 for prospective adoptees

1) Application for Adoption. Prior to this, prospective adopters should attend adoption fora and
seminar. Reasonable fees and charges are also imposed to adopters. After which, they shall file his/her
application for adoption with the Department directly or with a social service office of a local government
unit, or with any licensed accredited child placing agency. Spouses shall file their application jointly.

2) Preparation of Home Study Report. Department representatives shall conduct home visits to the
applicants to determine whether they have capacity to adopt or not. The following
documents/certifications are required:
1. Authenticated birth certificate
2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation
documents;
3. Written consent to the adoption by the legitimate and adopted sons/daughters, and
illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;
4. Physical and medical evaluation by a duly licensed physician and psychological evaluation
by a psychologist;
5. NBI/Police Clearance
6. Latest income tax return or any other documents showing financial capability, e.g.
Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;
 7. Three (3) character references, namely from the local church/minister, the employer, and a
non-relative member of the immediate community who have known the applicant(s) for at least
three (3) years;
8. 3x5 sized pictures of the applicant(s) and his/her immediate family taken within the last
three (3) months;
9. Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
10. Certification that the applicant(s) have legal capacity to adopt in his/her country and that
his/her country has a policy, or is a signatory of an international agreement, which allows a child
adopted in the Philippines by its national to enter his/her country and permanently reside therein as
his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or
central authority n intercountry adoption or any government agency which has jurisdiction over
child and family matters; or in the absence of any of the foregoing, the Philippine Intercountry
Adoption Board may also certify that the Philippines and the applicants’ country have an existing
agreement or arrangement on intercountry adoption whereby a child who has been adopted in the
Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain
as permanent resident in the applicant’s country as his/her legitimate child.
11. Certificate of Residence in the Philippines issued by the Bureau of Immigration or
Department of Foreign Affairs, as appropriate;
12. Two (2) character references from a non-relatives who knew the applicant(s) in the country
of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those
who have resided in the Philippines for more than fifteen (15) years;
13. Police Clearance from all places of residence in the past two years immediately prior to
residing in the Philippines.

In the case of an applicant who is residing abroad, but is otherwise qualifies to adopt in the Philippines
under the provisions of the Act, the Homestudy report shall be prepared by an accredited foreign adoption
agency. However, a certification from the Intercountry Adoption Board shall be required to ensure that said
agency is accredited.

Disapproval of Adoption Application. – Except when found by the social worker that such application
can no longer be considered, there shall be no prejudice to future application of said applicants.

3) Certificate Of Availability Of Child For Adoption. – No child shall be placed for adoption unless a
clearance has been obtained from the Department that said child is available for adoption.

The Department shall issue the Certificate of Availability for Adoption not later than fifteen (15) days after
expiration of the six (6) month period after execution of Deed of Voluntary Commitment by the child’s
parents or legal or after receipt of entry of judgement in case of involuntary commitment.

Copy of the Certificate of Availability for Adoption and Child Study Report shall be sent to the Child Welfare
Specialist Group (CWSG) for purpose of placement of the child for adoption.

* FOR BIOLOGICAL PARENTS: In all proceedings for adoption, a comprehensive study report prepared by a
licensed social worker shall be submitted to the court as proof that the biological parent(s) has been
properly counseled and provided other support services:
1. to exhaust all measures to strengthen family ties and keep the child;
2. to ensure that their decision to relinquish their child for adoption is not caused by stress,
anxiety or pressure; and
to ascertain that such decision does not result in improper financial gain for those involved in it.

4) Supporting Documents Of Child Study Report. – The child study report shall be prepared only by a
licensed and accredited social worker of the Department or child caring agency not involved in child
placement.

The following documents shall accompany the child report:

1. Authenticated birth or foundling certificate, when appropriate;
2. Written Consent to adoption by the biological parent(s) or the legal guardian and the written
consent of the child if at least ten (10) years old, signed in the presence of the social worker of the
Department or child caring agency after proper counseling as prescribed in Section III of these Rules;
 3. Death Certificate of biological parents, Decree of abandonment or Deed of Voluntary
Commitment, as appropriate;
4. Medical evaluation of the child and his/her parent(s), if available;
5. Psychological Evaluation when appropriate;
6. Picture of the child

5) Submission Of Case Records Of Prospective Adoptees and Prospective Adoptive Parents. –

Case Records of prospective adoptees and prospective adoptive parents shall be submitted to the
concerned Adoption Resource and Referral Office (ARRO) which was established according to Section 23 of
the Act for matching.

6) Matching. – The matching of the child to an approved adoptive parent(s) shall be carried out during
the regular matching conference by the Matching Committee otherwise called the Child Welfare Specialist
Group (CWSG) in the regional level where the social workers of the child and family are present. If records
of children and approved adoptive parent/s are not matched within thirty (30) days in the regional level, it
shall be forwarded to the Department’s Central Office for interregional matching

The matching proposal made by the CWSG shall be approved by the Department.

7) Placement. – The physical transfer of a child from a child caring agency or foster home to the
prospective adoptive parents who shall be responsible for his/her care and custody shall be made after the
necessary form are accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued after
approval of the Regional Director for placement within the region or by the Department Secretary or
his/her duly authorized representative in cases of interregional placements.

8) Supervised Trial Custody. – The placement of the child shall take effect upon issuance of the PAPA
by the Department after which the supervised trial custody shall commence.
During the supervised trial custody, the social worker shall conduct monthly home visits to monitor
adjustment of the prospective adopter(s) and child to each other and submit progress report to the
Department. A copy of these reports shall be given to the child caring agency where the child came from.

The court may upon its own motion or on motion of the petitioner, reduce or dispense with the trial period
if it finds that it is to the best interest of the child. In such case, the court shall state its reasons for
reducing said period.

Disruption of Pre-Adoptive Placement. – If the placement/relationship is found unsatisfactory by the

child or the adopter(s), or both, or if the social worker finds that the continued placement of the child is not
in the child’s best interest, said relationship/placement shall be suspended by the Department which shall
recommend to the Adoption Resource and Referral Office to consider another possible placement.

New Placement. – In the event of the disruption of the pre-adoptive placement, the Department shall
arrange without delay a new placement of the child, or, if inappropriate, other alternative long term care.

9) Consent to Adoption. – If the adjustment of the child/adopter(s) is satisfactory, the social worker shall
forward to the Department the final supervisory report which shall include the recommendation for the
issuance of the written consent to adoption to be executed by the Department.

10) Filing Of Petition For Adoption. – the prospective adoptive parent(s) shall initiate judicial
proceeding by filing the petition to adopt not later than 30 days from date of receipt of the Department’s
written consent to adoption.

Issuance of Decree of Adoption and Entry of Judgement. – If, after considering the recommendation
and reports of the social worker and other evidence, the Court is satisfied that the adopter(s) are qualified
to adopt, then an adoption decree and an Entry of Judgement shall be issued.

A copy of the decree of adoption shall be forwarded to the Department.

Travel Authority of Adopted Child. – No adoptee shall be issued a travel authority unless a decree of
adoption has already became final and executory.
In this respect, the amended birth certificate shall be presented. If for any valid reason the same cannot be
presented, the following is required:
a. copy of the decree of adoption and entry of judgement
b. a certification from the Office of the Solicitor General that the decision is final and executory and
that no appeal there from has been filed by the said office.

Recording Of The Court Decision. – court decision on adoption and the finality of decision shall be
submitted to the following not later that thirty (30) days after the court decision has become final and
executory:

a. Local Civil Registry Office of the City/municipality where the court issuing the same is situated
b. Register of Court Decrees

After which, Local Civil Registry Office shall submit one copy of the court decision to the Local Civil
Registrar of the city or municipality where the birth of the adopted child was registered.

The latter office shall have the duty to prepare the amended certificate of live birth of the adopted child.
Then, a copy of of the new birth certificate shall be transmitted by the local civil registrar to the National
Statistics Office within 30 days from registration

11) Post Adoption Services. – Post Adoption Services which shall include counseling shall be made
available by the social workers of the Department, social services unit of the local government, child
placing and child caring agencies to develop the adoptee, adopter and the biological parents.