RESCISSION OF ADOPTION

Learn more about adoption aside from rescission: EFFECTS OF ADOPTION

• Adoption is for the best interest of the child

• Adoption may be revoked or rescinded by the adoptee

• The adopter(s) cannot revoke or rescind the adoption

Many loving persons are fascinated with the concept of adoption.

In our previous article, we have discussed the effects of adoption. However, there may be an instance where it cannot be avoided that the adopter and the adoptee will have a misunderstanding which may lead to the extent that either of them thinks of revoking the adoption that created the legal ties between them.

May an adoption be revoked or rescinded?

The law says:

Yes.

Upon petition of the adoptee, with the assistance of the Department of Social Welfare and Development if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be revoked or rescinded on the following grounds committed by the adopter(s):

• Repeated physical and verbal maltreatment by the adopters despite having undergone counselling;
• Attempt on the life of the adoptee;
• Sexual assault or violence; or
• Abandonment and failure to comply with parental obligations.

May the adoption be rescinded by the adopter(s)?

The law says:

No.

Adoption, being in the best interest of the child, shall not be subject to rescission by the adopters. However, the adopters may disinherit the adoptee for causes provided under Article 919 of the Civil Code of the Philippines.

Suppose the petition for rescission of the adoption filed by the adoptee was granted, what are the effects of such rescission?

The law says:

If the petition is granted, the parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the Department shall be resorted if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished. This means that such reciprocal rights and obligations will be put to an end. Neither of them can demand such right and obligation from the other.

Also, the court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate.

Furthermore, succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

Moreover, all of the foregoing effects of rescission of adoption shall not affect the penalties which may be imposed under the Revised Penal Code if the criminal acts are property proven.

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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.

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