Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: HEREDITARY RIGHTS OF AN ILLEGITIMATE CHILD
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A minor may be legally adopted
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An adopted child is considered a legitimate son or daughter of the adopter(s)
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An adopted child may inherit both from his adopters and his biological parents
Married couple may want to entertain the idea of adopting a child for reasons that suit their circumstances, personalities, or desires among others. Please note that adopting a child is an option available not just to married couples but also to singles or solo parents.
The thought of adopting a child is seemingly engaging for someone who wants to add some purpose and joy in his life. However, before adopting, one must know that there are legal steps and legal consequences. Thus, it is always advisable for the person or couple desiring to adopt a child to seek the necessary legal advice from a lawyer or from the appropriate government institution.
Complying with the legal requirements is essential. Otherwise, the adoption may eventually be nullified.
In the case of Rosario Mata Castro and Joanne Benedicta Charissima M. Castro vs. Jose Maria Jed Lemuel Gregorio and Ana Maria Regina Gregorio, G.R. No. 188801, October 15, 2014, the legal adoption was nullified by the Supreme Court.
Here is why.
In this case, the biological father filed a Petition for Adoption involving his two alleged illegitimate children. The trial court approved the adoption on the ground that no opposition had been received by them from any person including the government which was represented by the Office of the Solicitor General.
Was the adoption filed by the biological father valid?
The Supreme Court says:
No.
The petitioner’s wife and their legitimate child who was ten (10) years of age and over at the time of the filing of the Petition for Adoption were not notified. The required consents of both the wife and their legitimate child were not obtained. Thus, they were not given a chance to oppose or agree with the filing of the Petition for Adoption.
Now, suppose the required consents of the petitioner’s wife and legitimate child were obtained that resulted to the validity of the adoption, what are the legal consequences of adoption?
The law says:
Once a child has been legally adopted, he is considered a legitimate child of the adopting parent(s) for all intents and purposes.
As such, the adoptee (adopted child) is entitled to all the rights and obligations provided by law to legitimate children.
Also, the adoptee is now under the parental authority of his adopting parent(s). This means that all legal ties between the biological parent(s) and the adoptee is severed. The adoptee cannot inherit by way of legal and intestate succession from his biological parents. They adoptee may only receive inheritance from his biological parents when he was instituted as one of their heirs.
Bear in mind that with or without a Will, the adoptee can inherit from his adoptive parent(s). This is because the law makes no distinction as to the rights of the adoptee with that of a legitimate child. In other words, an adoptee succeeds to the property of the adopting parent(s) in the same manner as a legitimate child.
But, since the adoptee is considered a legitimate child of the adoptive parent(s), he may also be disinherited on the same sufficient causes for disinheritance of children.
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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I am an adopted child with no legal papers. But my birth certificate is named by the last name of my adoptive parents. Will i inherit all their properties because I am the only child or not? My father died already but my mother remarried so she has new children will they inherit my fathers property?
Good day!
Who are mentioned as your parents in your birth certificate?
Same question, on my birth certification the adoptee was name as my parents already. But no legal adoption papers. Since birth
Good day!
Same answer. If you were not legally adopted and there is no Last Will and Testament that indicates they are leaving their possessions to you, you will not be entitled to inherit.
i am a adopted child but not legally adopted, but my biological father is the younger brother of my adopting father, both of them are already dead. My question is do i have the to inherit any properties that came from my grandparents. since my biological parent are unmarried. and now both my biological and adopting parent are already deceases.
Good day!
Regarding your concern, If there is a Last Will and Testament, your inheritance will be based on that but if there is no Last Will, you are entitled to inherit from your grandparents regardless of your parent’s marital status.
it is possible to decide to turn back in your biological mother when your mentally abuse by you guardian and your adoptee was a OFW but they don’t care about what u say and its referring to my guardian (grandma) decision anything physically abuse when I give my opinion when your in legal age?
What if I am not legally adopted? What will happen to me? Do i have the right to inherit my adoptive parents when they are died?
How about my big problems that my mom was deceased and my father yet was alive and we are two sons and daughters that they adopted side to side and i am the side of my father an i am the last son, what could be my rights in their properties sir/maam?
Because now is that my problem was my elder sister was claiming the house and what are my rights unto thatt?
Please call or text me at this no.
09158974622
Thank you maam/sir
Goood Day i would like to make a question “im an adopted child, since birth i didnt know who my real parents are and my mother who adopted me died, will i inherit her properties ?” Im carrying her last name in my birth cert, but no annotation. Because she didnt file for adoption because she cant find my real parents
Good day!
If you were not legally adopted and there is no Last Will and Testament that indicates she is leaving her possessions to you, you will not be entitled to inherit.
How about my big problems that my mom was deceased and my father yet was alive and we are two sons and daughters that they adopted side to side and i am the side of my father an i am the last son, what could be my rights in their properties sir/maam?
Because now is that my problem was my elder sister was claiming the house and what are my rights unto thatt?
My downs son was adopted at 6 months old he was Downs Syndrome . I was invited by his adoptive mother to visit over the years , we exchanged letters and his photos . She died sadly when he was 20 and he went to a Care Home. She encouraged me to visit.
His adoptive father showed little interest after she died . I visited my biological son over 6 or 7 years at the Home . Especially after my husband died. Nobody stopped me but sadly he died last year from Covid . My question is I was blocked from attending his funeral as this man married a family member a woman who has mental health issues. She wasn’t accepted by my son and never visited him again but she stopped me from attending a funeral if there was one held .
All I want is the chance to visit my son at his grave and or have a copy of my original Birth Certificate for my family records . I’m old now and in poor health . Do I stand a chance of obtaining this from the registered authorities ?
It’s a very sad case .
Greeting s, I am adopted son of my parents and apparently I’m also a nephew of my mother supposedly my auntie, I discovered it when they told me when I was grade six that time, is this means I will inherit the properties? That my mom doesn’t leave any Will
What if Adopted child dies?? Who entitles his property when adoptive parents already died n adoptive is Unmarried
Very clear site, thank you for this post.