PERSONS AND FAMILY RELATIONS CIVIL LAW
c. or the sibling or the adopted
VI". ADOPTION 6. In a position to support and care for
A. Domestic Adoption (RA his/her children in keeping with the
11642) means of the family
7. Has undergone pre-adoption services
Since adoption is wholly and entirely artificial,
to establish the relation the statutory b. Foreign Nationals
requirements must be strictly carried out; 1. Are permanent or habitual residents
otherwise, the adoption is an absolute nullity of the Philippines for at least 5 years
[Republic v. CA and Caranto, C.R. No. 103695
(1996)]. 2. Must possess the same qualifications as
stated for Filipino nationals prior to the
Note: Republic Act No. 11642 (the Domestic filing of the petition
Administrative Adoption and Alternative
Child Care Act) repealed RA 8552 (Domestic 3. Must come from a country with
Adoption of 1998) and amended RA 8043 diplomatic relations with the Philippines
(Inter- County Adoption Act of 1995). It took and that the laws of the adopter's country
effect on January 21, 2022, which is beyond will:
the bar cutoff date of June 30, 2021. a. acknowledge the Certificate of
Adoption as valid
Under RA 11642, the Inter-Country b. acknowledge the child as a legal
Adoption Board is reorganized into the National child of the adopters
Authority for Child Care.
c. allow entry of the child into such
The duties, functions and responsibilities of the country as an adoptee
'CAB, the DSWD and other government agencies
relating to alternative child care and adoption c. Guardians [Sec. 21 (b), RA 1 1642]:
are transferred to the NACC. With respect to their wards, after the
termination of the guardianship and
1. Who May Adopt clearance of his/her accountabilities
d. Foster parent [Sec. 21 (c), RA 1
a. Filipino Citizens [Sec. 21 RA 11642] 1642]: With respect to the foster child
1. Of at least 25 years of age e. Philippine government officials
2. With full civil capacity and legal rights and employees [Sec. 21 (d), RA
11642]
3. Of good moral character and has not 1. Deployed abroad, and
been convicted of any crime involving 2. Are able to bring the child with them
moral turpitude
4. Emotionally and psychologically
capable of caring for children
2. Who May be Adopted [Sec. 22, RA
1 1642]
5. At least sixteen (16) years older than a. Any child who has been issued by a
adoptee, except: CDCLAA (Certification Declaring a Child
Legally Available for Adoption)
a. when adopter is the biological
parent of the adoptee or b. Legitimate child of one spouse by another
b. the spouse of the adoptee's parent
c. Illegitimate child by a qualified adopter to
improve the child's status to that of
legitimacy
• A Filipino of legal age if, prior to the
adoption, said person has been
consistently considered and treated, for a
period of at least 3 years, by the
adopter(s) as his/her child since minority
d. A child whose previous adoption has been
rescinded
e. A child whose biological or adoptive
parent(s) has died, provided that no
proceedings shall be initiated within 6
months from the time of death of said
parent(s)
f. A foster child
3. Rights of an Adopted Child
a. In General [Sec. 42, RA 11642]
all legal ties between biological parent and
adoptee shall be severed, and the same shall
then be vested on the adopters.
EXCEPTION → Except in cases where the
biological parent is the adopter's spouse
b. Legitimacy [Sec. 41, RA 11642]
The adoptee shall be considered the legitimate
son/daughter of the adopters for all intents and
purposes, and as such is entitled to all rights and
obligations provided by law to legitimate
children born to them without discrimination of
any kind.
The adoptee is entitled to love, guidance, and
support in keeping with the means of the
family.
c. Succession [Sec. 43, RA 11642]
In legal and intestate succession, the
adopter and the adoptee shall have
reciprocal rights of succession without
distinction from legitimate filiation. based on the following grounds: [Sec. 47, RA
11642] Grounds for Rescission of Adoption
→However, if the adoptee and his/her
biological parents had left a will, the law a. Repeated physical and verbal
on testamentary succession shall maltreatment by adopters despite having
govern. undergone counseling
b. Attempt on life of adoptee
d. Name
Under RA 1 1642, the adopter has the right c. Sexual assault or violence
to choose the name by which the child is to
be known, consistent with the best interest
of the child. d. Abandonment or failure to comply with
parental obligations
e. Nationality Effects of Rescission [Sec. 53, RA 11642]
a. Restoration of parental authority of the
Adoption does not confer citizenship of the adoptee's biological parent(s) or;
adopter to the adopted.
the legal custody of the NACC if the adoptee
Under Sec. 3, Art. IV of the Constitution, is still a child
Philippine citizenship may be lost/acquired
[only] in the manner provided by law. The b. Extinguishing of the reciprocal rights and
adoption of an alien is not a means of obligations of the adopters and adoptee.
acquiring Philippine citizenship.
c. Cancellation of the new birth certificate
Thus, a Filipino adopted by an alien does not of the adoptee as ordered by the court
lose his Philippine citizenship. and restoration of the adoptee's original
birth certificate.
Emphasis Supplied
The right to confer citizenship belongs to
the State (political) and cannot be granted d. Reverting successional rights to its status
by a citizen through adoption. Adoption prior to adoption but only as of the date
creates a relationship between the adopter of judgment of judicial rescission.
and adoptee, not between the State and the
adoptee [Tolentino]. e. Vested rights acquired prior to judicial
rescission shall be respected.
4. Instances and Effects of
Note: Rescission contemplates a situation where
Rescission the adoption decree remains valid until its
Under RA 11642, the adoption may be termination.
rescinded only upon the petition of the
adoptee with the NACC (National Authority Further, All the foregoing effects of rescissions
for Child Care), or with the assistance of the of adoption shall be without prejudice to the
SWDO (Social Welfare and Development penalties imposed under the Revised Penal
Office) if the adoptee is a minor or if the Code if the criminal acts are properly proven.
adoptee is over 18 but is incapacitated,
B. Inter-country Adoption (RA
8043, as amended by RA 11642)
Definition
Inter-Country Adoption refers to the socio-
legal process of adopting a Filipino child by
a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed,
the supervised trial custody is undertaken,
and the decree of adoption is issued outside
the Philippines.
Note (AMENDMENT): Under the new law,
the Inter-Country Adoption Board is
reorganized into the National Authority for
Child Care. The duties, functions and
responsibilities of the 'CAB, the DSWD and
other government agencies relating to
alternative child care and adoption are
transferred to the NACC.
When Allowed
GENERALLY
No child shall be matched to a foreign
adoptive family
EXCEPTION
unless it can be satisfactorily shown that the
child cannot be adopted locally [Sec. 11, RA
8043].
5. Has the Capacity to act and assume all
rights and responsibilities of parental
ll. LAW ON INTER-COUNTRY
authority under his national laws, and has
ADOPTION
undergone the appropriate counseling
Inter-Country Adoption - refers to the from an accredited counselor in his/her
sociolegal process of adopting a Filipino child country;
by a foreigner or a Filipino citizen
permanently residing abroad where the
6. At least 27 years of Age and at least 16
years older than the child to be adopted, at
petition is filed, the supervised trial custody is
the time of application
undertaken, and the decree of adoption is
issued outside the Philippines. ➔ unless the adopter is the parent by nature
of the child to be adopted or the spouse of
NOTE: A "child" refers to a person below such parent;
fifteen (15) years of age unless sooner
emancipated by law. 7. If Married, his/her spouse must jointly
file for the adoption;
Qualifications and
Disqualifications of 8. Possesses all the qualifications and none
Adopter of the disqualifications provided herein
and in other applicable Philippine laws;
An alien or a Filipino citizen permanently and
residing abroad may file an application for 9. In a position to provide the proper care
inter-country adoption of a Filipino child if:
and Support and to give the necessary
(DEBT-CAMPS)
moral values and example to all his
1 . Comes from a country with whom the
children, including the child to be adopted
Philippines has Diplomatic relations
and whose government maintains a Qualifications and
similarly authorized and accredited
agency and that adoption is allowed Disqualifications of Adopted
under his/her national laws;
Who may be adopted: Only a legally free
2. Eligible to adopt under his/her national child may be the subject of inter-country
adoption
law;
Legally-free child - a child who has been
3. Agrees to uphold the Basic rights of the voluntarily or involuntarily committed to
child as embodied under Philippine laws,
the Department, as: (DAN)
the U.N. Convention on the Rights of the
Child, and to abide by the rules and - dependent,
regulations issued to implement the - abandoned, or
provisions of this Act; - neglected,
➔ in accordance with the Child and Youth
4. Has not been convicted of a crime
Welfare Code
involving moral Turpitude;
• No child shall be matched to a foreign
adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally.
Limitation on Voluntarily
Committed Children:
General rule:
➔ In case of a child who is voluntarily
committed, the physical transfer of said
child shall be made not earlier than 6
months from the date the Deed of
Voluntary Commitment was executed
by the child's biological parent/s
Exception: It does not apply to adoption by
a relative or children with special medical
conditions.
NOTE: There are differences between the two
laws in:
1 . Definition of a child
2. Procedure (where to file, what petition
may include, publication requirements,
supervised trial custody)
3. Qualifications of adopter
4. Who may be adopted
5. Court that issues decree of adoption
(Family court vs. Foreign court)
