After reading this article about CONSENT IN ADOPTION, read also: ON DOMESTIC ADOPTION
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Adoptee refers to a child or a person sought to be adopted
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A written consent is necessary to the adoption
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An adoption, without the required written consent(s) may be voided
Mandatory laws such as the provision on the required written consent in adoption cases must be complied with.
In our previous articles we have discussed that domestic adoption is possible, and that once a child or a person has been legally adopted, he or she is entitled to his hereditary rights. However, for adoption to take place, the required written consent(s) must first be secured.
Whose written consent must be secured?
The law says:
After being properly counseled and informed of his or her right to give or withhold his or her approval to the adoption, the written consent of the following to the adoption is required:
- The adoptee, if ten (10) years of age or over;
- The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;
- The legitimate and adopted sons/daughters, if ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse, if any; and
- The illegitimate sons/daughters, if ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse if any; and
- The spouse, if any of the person adopting or to be adopted.
Take note that the consent of the adopter’s other child (children) is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other child on notice that he will have to share his parent’s love and care, as well as his future legitime, with another person.
In one case decided by the Supreme Court, the father (adopter) legally adopted his alleged two illegitimate children without the consent of his estranged wife and their only daughter. More or less five (5) years after the adoption, the estranged wife of the adopter and their common child found out about the adoption. We said that for domestic adoption to take place, the required written consent mentioned above must first be secured. How come then that the father was able to legally adopt his alleged two illegitimate children?
During the adoption proceedings, the adopter submitted a falsified affidavit of consent by his estranged wife while saying that they never had a common child.
Was there a valid written consent by the estranged wife to the adoption in the said case?
The Supreme Court says:
None.
The provision of law requiring the written consent of the relevant person(s) is mandatory. In this case, the consent of the adopter’s estranged wife is required. However, the adopter submitted a falsified affidavit of consent which has no bearing under the law.
Also, when the adopter filed a Petition for Adoption, it is undisputed that his legitimate child was over ten (10) years old at that time. Thus, the consent of his legitimate child was also necessary for the adoption to be valid.
Having established that the required written consent of the estranged wife and the legitimate child of the adopter were not obtained, the adoption of the alleged two illegitimate children of the adopter was annulled. The effect of such annulment was that the adoption was voided. Therefore, the two alleged illegitimate children of the adopter are no longer considered as children or adopted children of the adopter.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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