ON DOMESTIC ADOPTION

After reading about domestic adoption, read also: GROUNDS FOR CHANGING FIRST NAME OR NICKNAME

• A child is a person below eighteen (18) years of age

• Not all children are qualified to be adopted

• A person who is already above legal age may be adopted

Maddox Jolie Pitt is Angelina Jolie’s oldest son. Angelina adopted him from an orphanage in Cambodia when Maddox was just seven months old. As Sheryl Crow, an American musician said, “Little souls find their way to you whether they’re from your womb or someone else’s.”

In the Philippines, is adoption also allowed?

The law says:

Yes.

Under Republic Act 8552 otherwise known as the Domestic Adoption Act of 1998, any Filipino citizen may adopt. However, there are requirements for such domestic adoption. The adopter must be:

1. of legal age;
2. in possession of full civil capacity and legal rights;
3. of good moral character;
4. has not been convicted of any crime involving moral turpitude;
5. emotionally and psychologically capable of caring for children;
6. at least sixteen (16) years older than the adoptee (refers to the child or person sought to be adopted); AND
7. is in a position to support and care for his/her children in keeping with the means of the family.

Take note that the requirement of sixteen (16) year difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent.

May Angelina Jolie or any other foreigner adopt in the Philippines?

The law says:

Yes.

Under the same Republic Act mentioned above, an alien or a foreigner possessing the same qualifications as stated above may adopt in the Philippines. However, in addition to the above requirements, the following must also be present:

1. The country to which the foreigner is a national has diplomatic relations with the Philippines;
2. Said foreigner has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered;
3. Said foreigner has been certified by his or her country that he or she has the legal capacity to adopt in his or her country; AND
4. The government of the said foreigner allows the adoptee to enter his or her country as his or her adopted son or daughter.

For the requirements on residency and certification of the foreigner’s qualification to adopt in his or her country may be waived on the following grounds:

1. A former Filipino citizen who seeks to adopt a relative within the fourth (4^th) degree of consanguinity or affinity; or
2. One who seeks to adopt the legitimate son/daughter of his or her Filipino spouse; or
3. One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative within the fourth (4^th) degree of consanguinity or affinity of the Filipino spouse.

May a guardian adopt his or her ward?

The law says:

Yes, but only after the termination of the guardianship and clearance of his or her financial accountabilities.

Furthermore, always bear in mind that a husband and his wife shall jointly adopt, except in the following cases:

1. If one spouse seeks to adopt the legitimate son/daughter of the other; or
2. If one spouse seeks to adopt his or her own illegitimate son/daughter provided that the other spouse has signified his or her consent to the adoption; or
3. If the spouses are legally separated from each other.

Now, suppose the adopter(s) has all the requirements or qualifications to adopt, who may be adopted?

The law says:

The following may be adopted:

1. A child (a person below eighteen [18] years of age who has been administratively or judicially declared available for adoption;
2. The legitimate son or daughter of one spouse by the other spouse;
3. An illegitimate son/daughter by a qualified adopter to improve his or her status to that of legitimacy;
4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his or her own child since minority;
5. A child whose adoption has been previously rescinded; or
6. 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)

However, as a requisite for Adoption proceedings, there must be a Certification from the Department of Social Welfare and Development (DSWD) declaring the child legally available for adoption.

Once a child or a person has been legally adopted, do note he is entitled to his or her hereditary rights which was already discussed in our previous articles.

Lastly, for adoption to take place, written consent must be secured. A related article on Consent in Adoption Cases will be posted in a few days.

 

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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.

All rights reserved.

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