NATURE AND EFFECTS

OF ADOPTION
Art. 189. Adoption shall have the
following effects:

1. For civil purposes, the adopted shall be deemed to be a legitimate

child of the adopters and both shall acquire the reciprocal rights and
obligations arising from the relationship of parent and child, including
the right of the adopted to use the surnames of the adopters;
FIRST NAME?
“Clearly, the law allows the adoptee, as a matter of right and obligation, to bear the
surname of the adopter, upon issuance of the decree of adoption. It is the change of the
adoptee's surname to follow that of the adopter which is the natural and necessary
consequence of a grant of adoption and must specifically be contained in the order of the
court, in fact, even if not prayed for by petitioner.
However, the given or proper name, also known as the first or Christian name, of the
adoptee must remain as it was originally registered in the civil register. The creation of
an adoptive relationship does not confer upon the adopter a license to change the
adoptee's registered Christian or first name. The automatic change thereof, premised
solely upon the adoption thus granted, is beyond the purview of a decree of adoption.
Neither is it a mere incident in nor an adjunct of an adoption proceeding, such that a
prayer therefor furtively inserted in a petition for adoption, as in this case, cannot
properly be granted.” (Republic v. Hernandez, G.R. No. 117209, February 9, 1996)
 MIDDLE NAME?
First, it is necessary to preserve and maintain Stephanies filiation with her natural
mother because under Article 189 of the Family Code, she remains to be an intestate heir
of the latter. Thus, to prevent any confusion and needless hardship in the future, her
relationship or proof of that relationship with her natural mother should be maintained.
Second, there is no law expressly prohibiting Stephanie to use the surname of her
natural mother as her middle name. What the law does not prohibit, it allows.
Last, it is customary for every Filipino to have a middle name, which is ordinarily the
surname of the mother. This custom has been recognized by the Civil Code and Family
Code. In fact, the Family Law Committees agreed that the initial or surname of the
mother should immediately precede the surname of the father so that the second name,
if any, will be before the surname of the mother. (In re: adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31, 2005)
2. The parental authority of the parents by nature over the adopted
shall terminate and be vested in the adopters, except that if the
adopter is the spouse of the parent by nature of the adopted,
parental authority over the adopted shall be exercised jointly by both
spouses; and
3. The adopted shall remain an intestate heir of his parents and other
blood relatives.
RULES ON THE LEGAL OR
INTESTATE SUCCESSION OF ESTATE
OF THE ADOPTED (Art. 190)
1. Legitimate and illegitimate children and descendants and the surviving
spouse
2. ½ to the parents or ascendants and ½ to the adopters – if they concur
3. ½ to the surviving spouse or illegitimate children and ½ to the adopters –
if they concur
4. 1/3 to the illegitimate children, 1/3 to the surviving spouse, 1/3 to the
adopters – if they concur
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 and intestate succession shall apply
 The adopted child cannot represent the
adopter in the inheritance from the parents or
ascendants of the adopter. “…the relationship established by
adoption is limited solely to the
adopter and the adopted and does not
extend to the relatives of the adopting
parents or of the adopted child except
only as expressly provided for by law.
Left P600,000 Hence, no relationship is created
of properties between the adopted and the
collaterals of the adopting parents. As
a consequence, the adopted is an heir
of the adopter but not of the relatives
of the adopter.” (Teotico v. Del Val,
G.R. No. L-18753, March 26, 1965)
JUDICIAL RESCISSION (CANCELLATION)
OF ADOPTION (Art. 191)
• GROUNDS:
- same as those prescribed for loss or suspension of parental authority

• When adopted child can bring the action by himself

- When he is at least 18 years of age
- GROUND: same as those for disinheriting an ascendant
JUDICIAL RESCISSION ON THE PART OF THE
ADOPTERS (Art. 193)
1. If still a minor at the time of rescission, the court shall reinstate the
parental authority of the parents by nature or guardian as the case may
be.
2. Shall extinguish all reciprocal rights and obligations between the
adopted and the adopter.
3. Adopted shall lose the right to use the surname of the adopters and
shall resume his surname prior to the adoption.
4. Court shall accordingly order the amendment of the records in the
proper registries.
EFFECTS OF ADOPTION UNDER RA
8552 “DOMESTIC ADOPTION ACT
OF 1998”
Sec. 16. Parental Authority
Except in cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be vested on the
adopter(s).
Sec. 17. Legitimacy
- The adoptee shall be considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is entitled to all the rights
and obligations provided by law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the adoptee is entitled to love,
guidance, and support in keeping with the means of the family.
Section 18. Succession
- In legal and intestate succession, the adopter(s) and adoptee
shall have reciprocal rights of succession without distinction from
legitimate filiation. However, if the adoptee and his/her parent(s) had
left a will, the law on testamentary succession shall govern.
GROUNDS FOR RESCISSION (Sec.
19)
1. Repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence;
4. Abandonment and failure to comply with parental obligations.
(Lahum v. Sibulo, G.R. No. 143989, July 14, 2003)
• Adoption, being in the best interest of the child, shall not be subject
to rescission by the adopter(s). However, the adopter(s) may
disinherit the adoptee for causes provided in Article 919 of the Civil
Code.
EFFECTS OF RESCISSION (Sec.
20)
1. Parental authority of the biological parents, if known, or the legal
custody of the Department shall be restored if the adoptee is still a
minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and the
adoptee shall be extinguished.
3. Court shall order the Civil Registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth
certificate.
4. Succession rights shall revert to its status prior to adoption, but
only as of the date of judgment of rescission.
Bartolome v. SSS, G.R. No. 192531, November 12, 2014

Parental authority over John

was severed.

Cornelio died when John was 4

years old.
 Bartolome v. SSS, G.R. No. 192531, November 12, 2014

Parental authority should be deemed to

have reverted to the biological parents
GERONIMO V. SANTOS, G.R. 197099, September 28, 2015

“…the mere registration of a child in his or her birth certificate as the

child of the supposed parents is not a valid adoption, does not confer
upon the child the status of an adopted child and the legal rights of
such child, and even amounts to simulation of the child's birth or
falsification of his or her birth certificate, which is a public document.”