OUTLINE ON PHILIPPINE LAW ON ADOPTION By Justice Alicia V. Sempio-Diy I. Kinds a. Domestic adoption (RA 8552) b.

I nter-country adoption (RA 8043) II. Nature and Rationale of Adoption Nature of adoption in the Philippines: 1. Always judicial, never administrative 2. Proceedings are in rem; hence, publication is required, without which the court has no jurisdiction over the case. 3. A mere agreement of adoption between the adopter/s and the parents of the child is not enough, nor the fact that the child has lived with the alleged adopter sufficient to establish a valid adoption. 4. Neither is the mere registration of the child in the registry of birth (and in his/her birth certificate) as the child of the supposed adopter/s a valid adoption. This is in fact a crime of simulation of birth under RA 8552. 5. Adoption, Philippine style, is adoption by relatives. Only of no one on the child s extended family wants to adopt him may he allowed to be adopted by a non-relative. Rationale of adoption: 1. The traditional rationale of adoption was for the benefit of the adopter, so that those who have no children or have lost them, may have the solace and joys of parenthood, and that the void which exists in the childless homes may be filled. 2. But the rationale of adoption has changes, as it is now considered for the benefit of the child, and that adoption does not merely establish a relationship of paternity and filiation but also endows the child with legitimate status. Adoption is thus given a social and moral purpose, which is to extend to the disadvantaged child the protection of society on the person of the adopter. A. Domestic Adoption Policy of domestic adoption: Domestic adoption must be encouraged, so as to preserve the child s identity and culture in his native land. Furthermore, only if the child cannot be adopted within his extended family may he be allowed to be adopted by a person not related to him. Who may adopt: A. Filipino citizens (sec. 7 (a), RA 8552) Qualifications a. OF legal age and in possession of full civil capacity and legal rights; b. Of good moral character; c. Has not been convicted of any crime involving moral turpitude; d. Emotionally and psychologically capable of caring for children; e. At least 16 years older than the child (may be waived if the adopter is the biological parent, or the spouse of the parents of the adoptee); and

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Is in the position to support and care for the child in keeping with the means of the family. An age difference of 16 years old is required of the adopter and the adoptee mso that the adopter would have sufficient maturity to fill the role of a parent to the child, this age difference approximates as much as possible natural filiation. But if the adopter is the biological parent of the child, this age difference may be waived by the judge for obvious reasons. B. Aliens (sec. 7 (b), id.) Qualifications Same qualifications as Filipino citizens, provided a. His/her country has diplomatic relations with our country; b. He/she has been living in the Philippines for at least 3 continuous years prior to the filing of the petition and maintains such residence until the adoption is enetered; c. He/she has been certified by his/her diplomatic or consular office to have legal capacity to adopt in his/her country; d. His/her government allows the child to enter his/her country as his/her adopted child. Who are exempt from the residency requirement and certification of capacity to adopt required of aliens? a. Former Filipino citizens who seeks to adopt a relative within the 4th degree of consanguinity or affinity; b. An alien who seeks to adopt the legitimate child of his/her Filipino spouse; c. One who is married to a Filipino citizen and seeks to adopt jointly with the latter a relative within the 4th civil degree of consanguinity or affinity of the Filipino spouse. Suppose the intended adopter-spouses are former Filipino citizen and an alien, does the foregoing exemption apply? No. They have to file a joint petition and must have all the qualifications of a Filipino citizen and an alien. When is the joint petition for adoption required? When the adopters are husband and wife. What are exceptions to the rule that husband and wife must jointly adopt? a. When one spouse seeks to adopt the legitimate child of the other; b. When one spouse seeks to adopt his/her own illegitimate child (but the other spouse must give consent to the adoption) c. When the spouses are legally separated from each other. III. Who may be adopted (sec.8, id.) 1. Any person below 18 years of age who has been administratively or judicially declared available for adoption; 2. A legitimate child of one spouse by the other spouse; 3. An illegitimate child of the adopter to improve his/her status to that of legitimacy; 4. A person of age of, prior to the adoption, he/she has been consistently considered and treated by the adopter/s as his/her own child since minority; 5. A child whose adoption has been previously rescinded;

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6. A child whose biological or adoptive parent/s has died; provided, That no proceedings shall be initiated within 6 months from the death of said parent/s.